Needles, CA: Summary and voting results from the Needles City Council and Needles Public Utility Authority Meeting.

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Needles, CA: Summary and voting results from the Needles City Council and Needles Public Utility Authority Meeting.

A Needles City Council and Needles Public Utility Authority Meeting was held on Tuesday, February 14th, 2017 inside the Needles City Council Chambers in Needles, California.

** Here is a summary and the voting results that occurred during the meeting: **

**** Executive Session: ****

N/A

 

**** Public Appearances: ****

– Public Appearance #1:

** Video from ZachNews on YouTube: **

 

– Public Appearance #2:

** Video from ZachNews on YouTube: **

 

– Public Appearance #3:

** Video from ZachNews on YouTube: **

 

– Public Appearance #4:

** Video from ZachNews on YouTube: **

 

– Public Appearance #5:

** Video from ZachNews on YouTube: **

 

 

**** Presentations: ****

– Agenda Item #1:

** Video from ZachNews on YouTube: **

Presentation to outgoing Board and Commission Members serving five or more years.

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** Pictures from ZachNews on YouTube: **

Plaques were given out to outgoing board and commission members Murl Shaver and Wima Baldwin who have served for 5 or more years was conducted.

** Agenda Packet (Agenda Item #1): **

 

– Agenda Item #2:

** Video from ZachNews on YouTube: **

PowerPoint presentation by Marilyn Matthews regarding Route 66 Colorado River Walk.

Marilyn Mathews presented a detailed proposal for a Route 66 Colorado River Walk, giving all the benefits of having a Route 66 Colorado River Walk and where can this idea project can be constructed.

** Agenda Packet (Agenda Item #2): **

 

– Agenda Item #3:

** Video from ZachNews on YouTube: **

PowerPoint presentation by Ruth Musser-Lopez regarding California’s Department of Toxic Substances Control remediation plan and environmental impact report related to PG&E’s hexavalent chromium (Chrome VI) “flushing and dilution project”

Background: (Picture: Email to City Clerk at the City of Needles):

cc_021417-3-pge-page-001

** Agenda Packet (Agenda Item #3 with PowerPoint Presentation): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-3-PG&E.pdf

Ruth Musser-Lopez presented her PowerPoint Presentation on a remediation plan and environmental impact report from the California’s Department of Toxic Substances Control for a hexavalent chromium plume at Pacific Gas and Electric’s Topock Pumping Station and regards concerns she believe the community should be aware of and know about.

 

**** Public Hearings: ****

– Agenda Item #4:

** Part 2: **

** Videos from ZachNews on YouTube: **

Public hearing noticed to consider all evidence and testimony for or against changing the General Plan designation for APN 0186-191-50 from “High Density Residential” to “Neighborhood Commercial”; changing the zone for APN 0186-191-50 from “Multiple Family Residential” (R-3) to “Neighborhood Commercial” (C-1); changing the General Plan designation for APN 0186-191-53 from “Medium Density Residential” to “Neighborhood Commercial” and changing the zone of APN 0186-191-53 from “Open Space” to “Neighborhood Commercial” (C- 1). Said property is located north of the Lilly Hill apartment complex, between Lilly Hill and the I-40. Applicant Mr. Matt Bates.

Approve the Findings of Facts Ordinance No. 589-AC an Ordinance of the City Council of the City of Needles approving a proposed General Plan Amendment from a Residential High Density (RH) designation to a Neighborhood Commercial (CN) designation and a proposed Zone Change from a Multiple Family Residential (R-3) designation to a Neighborhood Commercial (C-1) designation for the parcel known as APN 0186-191-50; and for a proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Neighborhood Commercial (CN) designation and a proposed Zone Change from an Open Space (O) designation to a Neighborhood Commercial (C-1) designation for the parcel known as APN 0186-191-53 (1st reading – post)

Background: In order to permit the operation of the proposed cultivation facility (Refer to attached Conditional Use Permit Staff Report and Resolution), the applicants, MSB Cultivation LLC, have submitted an application for a General Plan Amendment and Zone Change on two parcels; APN 0186-191-50 and APN 0186-191-53 (See Attachments A and B).

Under the General Plan Amendment, APN 0186-191-50 would be redesignated from a Residential High Density (RH) designation to a Neighborhood Commercial (CN) designation; and APN 0186-191-53 would be redesignated from a Residential Medium Density (RM) designation to a Neighborhood Commercial (CN). Under the Zone Change, APN 0186-191-50 would be redesignated from a Multiple Family Residential (R-3) designation to Neighborhood Commercial (C-1) designation; and APN 0186-191-53 would be redesignated from an Open Space (O) designation to a Neighborhood Commercial (C-1) designation. A public hearing was held at the January 18, 2017 Planning Commission Meeting for the General Plan Amendment and Zone Change.

Testimony included opposition to the General Plan Amendment and Zone Change, requesting that the parcels remain zoned for residential uses, since the surrounding area is currently residential; that Commercial-type businesses would not have freeway access, that these types of projects may emit toxins into the air and would be better suited in an area Outside of the city’s primary residential area. Other comments were directed toward the proposed Conditional Use Permit (Refer to Background discussion in Conditional Use Permit Staff Report).

The applicant’s representative, Josh Stewart expressed support for the proposed General Plan Land Use and Zone Change to Neighborhood Commercial stating that this Would be the most appropriate designation for the project site and surrounding community.

Once testimony was closed, the Planning Commission discussed the project, with Concern raised in recommending approval for the project because the Tribal Consultation process was still ongoing, as well as the biological assessment report for one of the parcels that had not yet been received. Staff advised that the application could be approved that evening, contingent upon the completion of both assessments prior to an appointed City Council Hearing.

The Planning Commission voted 5-0 to approve Resolution No. 01-182017-1 PC, recommending approval of the General Plan and Zone Change for the subject parcels APN 0186-191-50 and APN 0186-191-53 subject to receipt of Outstanding information. Both assessments have been completed and information received.

When a project requires a discretionary action such as a GPA, change of Zone or CUP, Native American consultation is required to be completed prior to the City Council taking action. For the MSB Cultivation project, a project description including the applicant entitlement request, was sent to the three Tribes who had previously requested notification under the requirements of AB 52, enacted in 2015. This was done on December 22, 2016 via certified mail. One tribe, the 29 Palms tribe requested a copy of the Cultural Resources Assessment. This was provided to them via email. The tribe responded with a request that a Native American monitor be present On-site during all ground disturbing activities due to the presence of known resources in the vicinity of the project site. This has been made a condition of approval of the CUP (Condition 22).

No response was received from either the Morongo or CRIT groups after 30 days of receipt of the City’s request for consultation. Therefore, the Consultation has been concluded and no further action on the part of the City is required.

Fiscal impact: None.

Environmental impact: This project is categorically exempt under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines. A project is considered to be exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The project area of disturbance involving paved road construction, grading for the facility building and retention basin, will not exceed five acres in size, but will account for approximately 1.51 acres as compared to the overall area of combined subject parcels (36 acres). Nonetheless, because the site is undeveloped and vacant, a

Biological Resources Assessment and Cultural Resources Assessment were conducted. Findings of the two assessments were negative.

Recommended Action: I make a motion to: Approve City Council Ordinance 589-AC, Approving a proposed General Plan Amendment from a Residential High Density (RH) designation to a Neighborhood Commercial (CN) designation and a proposed Zone Change from a Multiple Family Residential (R-3) designation to a Neighborhood Commercial (C-1) designation for the parcel known as APN 0186-191-50; and for a proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Neighborhood Commercial (CN) designation and a proposed Zone Change from an Open Space (O) designation to a Neighborhood Commercial (C-1) designation for the parcel known as APN 0186-191-53.

** Agenda Packet (Agenda Item #4): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-4-generalplan.pdf

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** Pictures from ZachNews: **

As part of a presentation, pictures were shown to members of the Needles City Council of how the proposed lat line adjustment looks like as well as the conceptual landscape plans the building and property will look like.

The public spoke on this agenda item and addressed their concerns and even their oppose to the zone change.

Members of the Needles City Council voted 5-1 approving the fact finding and for Ordinance 589-AC approving general plan amendments and zone changes from multiple family residential to neighborhood commercial for two parcels between Lilyhill Drive and Interstate 40 north of the Lilyhill Apartments complex. 

Needles City Council Member Tona Belt voted “No”.

 

– Agenda Item #5:

** Video from ZachNews on YouTube: **

Public hearing noticed to consider all evidence and testimony for or against for a Conditional Use Permit for a medical marijuana cultivation facility in the “Neighborhood Commercial” (C-1) zone, parcels APN 0186-191-50 and APN 0186-191-53; located north of the Lilly Hill apartment complex, between Lilly Hill and the I-40: Applicant Mr. Matt Bates

Approve the Findings of Facts Resolution No. 2017-12 a resolution of the City Council of the City of Needles approving a Conditional Use Permit for a Medical Marijuana Cultivation Facility located within the parcels known as APN 0186-191-50 and APN 0186-191-53.

Background: MSB Cultivation LLC, is proposing the development of a medical marijuana cultivation facility along the west side of Interstate 40 freeway at mile marker 143 immediately south of the Needles Flood Control Channel (See Attachment A). The cultivation facility will be situated within a 30,375 square foot building comprised of 18 flowering rooms, a vegetation room, a drying rack room, a cloning transplant room, a Storage and packaging room, a loading area room, a security office room, a break room, and a restroom (See Attachment E).

The facility will have an access driveway, parking lot and retention basin on approximately 1.51-acres of undeveloped, vacant land (See Attachment B-1 and B-2). The proposed facility will initially be located on portions of two parcels that are the subject of a Lot Line Adjustment (LLA) to be completed prior to development of the proposed cultivation facility. The LLA will relocate the eastern boundary of APN 0186-191-50 further east to abut the Interstate 40 right-of-way easement (See Attachment C). The intent of the LLA is to place the facility fully within APN 0186-191-50, so that a minimum distance of 1,000 feet is maintained from the nearest institution, Katie Hohstadt School, as required under Ordinance 588 AC.

As shown in Attachment D, the project’s proposed 22 foot tallelongated building (225’x135″) will be constructed of concrete block with metal roofing and will be situated next to the eastbound right-of-way of Interstate 40 at mile marker 143 and immediately southeast of the Needles Flood Control Channel. Access to the facility will be provided from Lillyhill Drive with the construction of a 24 foot wide by 650 foot long asphalt concrete paved road.

Security cameras and lighting will be mounted on all exterior Corners of the building and at door entrances (See Attachments F and G). Interior security cameras Will be utilized for each room within the building, as well as on-site security personnel, use of audible interior and exterior alarms. Entry into the building will be activated by an employee badge utilizing a “buzz in” system. The operator will implement best practices to reduce the effect of plant odors including the use of charcoal filters to be incorporated into exterior ventilation equipment.

The facility is planned to operate 24 hours a day, seven days a week and will operate in shifts of three (3). The project will include onsite parking. The Site Plan currently shows seven parking stalls, one ADA handicapped stall, and one loading zone space. The applicant has estimated that a total of 40 employees could work at the site. If divided evenly among three shifts the number of employees per shift would be 13, thus additional stalls will be required. Therefore, staff has conditioned (Condition 62) that the Site Plan be revised to show an adequate number of stalls to support the maximum number of people that would be on-site at any time.

Since the January 18″ Planning Commission meeting, site plans have been revised to include a paved area for a fire truck access turn around and a sedimentation collection area that will be situated along the northwest side of the building. The applicant proposes to provide fencing at a height of 6 feet. The project will be conditioned so that the-wall and fence plans are submitted for review and approval by the Planning and Building Department, prior to development.

The plans show that the fire truck access turn around will be designed with a slope that will direct impervious runoff toward the lip of the turnaround abutting the San Bernardino County Flood Control District (SBCFCD) easement to the north. However, such an exit point for runoff will have the potential to create undercutting and pavement failure to the turnaround if erosion control measures are not included (i.e., riprap). Therefore, the City Engineer has included a condition of approval (Condition 60) that all impervious runoff from the fire truck access turn around be directed toward the proposed sedimentation collection area. In addition, the project’s sedimentation collection area does not show the location where discharge will occur. In this case, the City Engineer has included in Condition 60 that the plans shall be revised to show the location of discharge and the direction in which discharge will be directed.

The site of the facility building is located approximately 140 feet South of a designated blue line stream (Needles Flood Control Channel) within the SBCFCD easement. With direct relation to the blue line stream, the U.S. Army Corps of Engineers (Corps) and the Regional Water Quality Control Board (RWOCB) regulate discharge of fill into Waters of the Unites States under Section 404 and 401 of the federal Clean Water Act, respectively. The California Department of Fish and Wildlife (CDFW) regulates alterations to stream courses, including adjacent riparian habitat areas under Section 1600 of the California Fish and Game Code. The Needles Flood Control Channel, has the ability to flow eastward and discharge upstream runoff into the Colorado River during rain events and thus qualifies under RWOCB criteria. CDFW criteria would also apply if any development would encroach in performing alterations (i.e., grading, infill, trenching) to the channel. Therefore, the applicant has been conditioned (Condition 20) to provide a Hydrological Study if any future projects are proposed to occur within or near to the Needles Flood Control Channel.

The Hydrological Study will make the determination whether the future development will have a direct impact in altering the Channel, and if so, would be subject to additional studies as required by the Corps, RWCQB and CDFW. The applicant proposes a 7,233 cubic foot retention basin that will be Constructed onsite at the building’s southeast corner in order to contain impervious runoff during rain events. Currently, the design of the basin does not show the correct placement of the proposed 18 inch culvert and must be revised in the plans as a Condition of approval (Condition 61). Discharge from the retention basin will be directed toward two Culverts, one 36 inches and one 24 inches, that will receive and convey discharge under the I-40 Freeway. Both freeway culverts are located within the California Department of Transportation’s (CalTrans) easement as part of the I-40 Freeway and are the receiving end of upstream discharge from the project site. Any projects adjacent to CalTrans easements that would have the potential to change the amount of impervious runoff into receiving end culverts within CalTrans easements must Consult with CalTrans with full review of the project’s impact of discharge prior to development.

A public hearing was held at the January 18, 2017 Planning Commission Meeting for the Conditional Use Permit. Testimony included opposition to the project, i.e., that the proposed cultivation facility was not suitable for the surrounding residential community and that by approving the project, it would set a precedence for similar type projects. Public testimony also included positive support for the project, with statements about the importance of new jobs that the project would help Create. Testimony also included a request that screening material be installed so that properties looking down on the facility would be viewing something attractive, a recommendation was received from the Planning Commissioner to provide landscaping, with the applicant’s representative indicating that Palo Verde and Mesquite trees would be planted around the entire facility. Since the Hearing, the applicant has submitted a Conceptual Landscape Plan that shows landscaping to be provided around the entire building facility, along both sides of the project access driveway and along the project parcel abutting Lillyhill Drive (See Attachment H). The applicant will be conditioned (Condition 55) to install landscaping in matching the Conceptual Landscape Plan and to assure that the proposed plant palette will include species of trees identified in the City’s Water Efficient Landscape Ordinance.

In confirming that the “findings” had been satisfied by the applicant, concern was raised by the Planning Commissioners that the application was still not Complete, pending receipt of information from the applicant. The Planning Commission voted 5-0 to approve Resolution No. 01-18-2017-2 PC, recommending approval for the medical marijuana cultivation facility contingent on receiving the amended application information, the biological assessment information on one of the parcels, and the completion of the Tribal consultation process. All outstanding information has been received and the Tribal consultation process concluded.

Fiscal impact:

1. The 10% of gross sales of medical marijuana business tax (voter approved (2012).

2. Valuation of new buildings – added to city tax rolls.

3. NPUA – electric/water/sewer usage revenue.

4. Recurring business license and permitting fees.

5. if the new initiative passes this November, a 25% State tax – a portion of which will be passed to local government.

6. Statewide 10% sales tax, the city’s share is 1%.

Environmental Impact: This project is categorically exempt under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines. A project is considered to be exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for Causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The project area of disturbance involving paved road construction, grading for the facility building and retention basin, will not exceed five acres in size, but will account for approximately 1.51 acres as compared to the overall area of combined subject parcels (36 acres). Nonetheless, because the site is undeveloped and vacant, a Biological Resources Assessment and Cultural Resources Assessment were Conducted. Findings of the two assessments were negative.

Recommended Action: I make a motion to: Approve City Council Resolution 201712 Approving a Conditional Use Permit for a 30,375 square foot Medical Marijuana Cultivation Facility located within the parcels known as APN 0186-191-50 and APN 0186-191-53, with effective date of Ordinance No. 589-AC, March 29, 2017.

** Agenda Packet (Agenda Item #5): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-5-CUP.pdf

Members of the Needles City Council unanimously voted to approve the approve fact finding and for Resolution 2017-12 approving a conditional use permit for a medical marijuana cultivation facility on two parcels between Lilyhill Drive and Interstate 40 north of the Lilyhill Apartments complex.

The concerns over how dark the street is in the area of the project as well as concerns expressed by the public came to an agreement to add the 6 new street lights.

 

**** Joint Needles Public Utility Authority / Needles City Council: ****

– Agenda Item #6:

 

** Video from ZachNews on YouTube: **

NPUA ACTION: Resolution No. 02-14-2017-NPUA authorizing funding in an amount not to exceed $1.7 million to build a new 69kV power line with a 12kV under-build from the new Bush Street Substation terminating at Spike’s Road with an interconnect to the new Cure Farms Substation funded by new customers requesting power supplied by the line AND use the same low bid for time & equipment electrical labor crew used in the Bush Street Substation Construction and authorize staff to move forward with the purchase of materials order.

NCC ACTION: Resolution No. 2017-13 authorizing funding in an amount not to exceed $1.7 million to build a new 69kV power line with a 12kV under-build from the new Bush Street Substation terminating at Spike’s Road with an interconnect to the new Cure Farms Substation funded by new Customers requesting power supplied by the line AND use the same low bid for time & equipment electrical labor crew used in the Bush Street Substation construction and authorize staff to move forward with the purchase of materials order.

Background: In November 2016, City Council and the Utility Board amended the NPUA Capital improvement Plan to include the 69kV – 12kV interconnect from Bush Substation to Spikes Road for an estimated $1.7 million.

The City issued a formal bid in the Mohave Daily News on 8/25/2016 and in the Needles Desert Star on 8/24/2016. Bids were sought out for grading, fencing, concrete, materials, time and equipment electrical labor Contractors. The first project was the Bush Street Substation. It is advantageous to undertake these jobs before the start of next years’ heat. Staff will proceed directly after the Bush Street Substation, which is scheduled to be completed by the first week of March 2017 and use the same low bid for time and equipment electrical labor contractors to Continue with the rebuilding of the 69kV – 12kV interconnect from Bush Street Substation to Spikes Road with an interconnect to the new Cure Farms Substation, using the same time and equipment electrical labor crew used in the Bush Substation construction.

In order to make this project deadline, materials must be ordered as soon as possible. Staff will request the two vendors selected during the bidding process to give a quote for the materials needed and award each vendor the items presented lowest in price as done on the Bush Street Substation project.

Fiscal Impact: This project will be funded by private deposits dedicated to the south end, AS of January 2017, the City Finance Department has record of $1,150,000. We could get another $1,550,000 by the end of March 2017.

PRIVATE DEPOST: $1,150,000

12kV-69kV interconnect from Bush Substation to Spikes Road $1,700,000

Recommendation: NPUA action: Adopt Resolution 2-14-2017-NPUA authorizing funding in an amount not to exceed $1.7 Million to build a New 69kV power line with a 12kV under build from the New Bush Street Substation terminating at Spikes Road with an interconnect to the new Cure Farms Substation funded by private deposit and using the same low bid for time & equipment electrical labor Crew used in the Bush Street Substation construction and move forward with the purchase of materials order. No construction will begin until the balance of the $1.7 million is obtained.

City Council action: Adopt Resolution 2017-13 authorizing funding in an amount not to exceed $1.7 Million to build a New 69kV power line with a 12kV under build from the New Bush Street Substation terminating at Spikes Road with an interconnect to the new Cure Farms Substation funded by private deposit and using the same low bid for time & equipment electrical labor Crew used in the Bush Street Substation construction and move forward with the purchase of materials order. No construction will begin until the balance of the $1.7 million is obtained.

** Agenda Packet (Agenda Item #6): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-6-69kV.pdf

Members of the Needles Public Utility Authority unanimously voted to approve the agenda item.

Members of the Needles City Council unanimously voted to approve the agenda item.

 

– Agenda Item #7:

 

** Video from ZachNews on YouTube: **

NPUA ACTION: Needles Public Utility Authority fiscal year 2016-2017 mid-year budget.

Background: The City Manager and Finance staff have reviewed the approved 2016-17 NPUA budget against actual revenue and expenditures.

The Proposed Revised Budget includes all necessary adjustments. Attached is the Revised Budget Summary for Fiscal Year 2016-17 that shows the changes that are being proposed from the original budget to the revised budget. Projected revenues for Water and Wastewater are being met. Electric revenues will be greater than anticipated due to Connection fees and system improvement deposits for cultivation and manufacturing facilities. There were no changes in budgeted and projected expenditures for Water, Wastewater or Electric.

There was a 5% increase in operating expenses for the All American Canal due to unanticipated BOR billing increases.

The NPUA Capital improvement Plan has been updated to include a slight increase in cost estimate for the Lillyhill booster rehab, and the addition of a 230kV line in Electric.

Fiscal impact: See attached budget report.

Recommended Action: Approve the Proposed Revised NPUA Budget for fiscal year ending June 30, 2017.

** Agenda Packet (Agenda Item #7): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-7-NPUAbudget.pdf

Members of the Needles Public Utility Authority unanimously voted to approve the agenda item.

Members of the Needles City Council unanimously voted to approve the agenda item.

 

**** Adjourn Needles Public Utility Authority / Needles City Council and Reconvene Needles City Council: ****

**** Needles City Council Consent Calendar: ****

 

** Video from ZachNews on YouTube: **

All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the Needles City Council may pull an item from the Consent Calendar for discussion. Prior to Needles City Council action, a member of the public may address the Needles City Council on matters Scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve items #8 through #11 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #8:

Approve the warrants register through February 14, 2017.

Background:

** Agenda Packet (Agenda Item #8): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-8-warrants.pdf

 

– Agenda Item #9:

Accept the Work completed by DMA Greencare Contracting, inc. for the River’s Edge Golf Course Turf Removal in the amount of $437,981 and authorize staff to file a “Notice of Completion” with the San Bernardino County Recorder – total project cost $505,000 funded through a Bureau of Reclamation grant.

Background: In December 2014 the City applied for water conservation grants from the Bureau of Reclamation (BOR) for water re-use and irrigation system improvements, and turf removal at the golf course thus lessening the amount of area requiring watering. In early 2015 the City was notified that the City’s turf removal project was chosen for funding. Since that time the funding parties have developed the program details.

The SCIA obligates the funding parties to provide $505,000 to the City to undertake the turf removal project as it proposed, 40 acres of turf that would be removed and replaces with ground cover such as small gravel or colored clay.

Fiscal impact: This project was on budget with some use Contingency and a remaining $13,834 which the City has purchase more gravel to continue adding where needed.

$16,600 BID PREP & DESIGN

$437,981 CONTRACTOR (with reductions in scope)

$25,048 STAFF-LABOR SPRINKLER ADJUST

$5,015 QUALITY ASSURANCE / CONTROL

$20,355.21 MATERIALS-SPRINKLERS & PIPE

$0 CONTINGENCY

$505,000 TOTAL PROJECT COSTS

Recommendation: I move to accept the completed Project from DMA Greencare Contracting Inc. for the Turf Removal at the River’s Edge Golf Course in the amount of $437,981. The total project was funded through a grant of $505,000 received from the Bureau of Reclamation. Authorize staff to submit a Notice of Completion and file it with the County of San Bernardino.

** Agenda Packet (Agenda Item #9): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-9-turf.pdf

 

– Agenda Item #10:

Ratify the action taken by the city manager who signed the Daily License Application for the Department of Alcoholic Beverage Control for the February 24-25, 2017 Route 66 Hot Boat & Custom Car Show event.

Background: Ordinance No. 514-AC was adopted in January 2010 and amended Section “15A-6 Possession and use of alcoholic beverages in city parks and/or city recreational facilities” which reads as follows: “No person shall possess or use any alcoholic beverages on the premises of any recreational area without the express written approval of the city council.” Prior to Ordinance 514-AC the city code included “or city manager.”

The Chamber of Commerce has provided city staff with the required documents and is waiting for their ABC permit which is being processed. The Chamber will provide a Certificate of liability which includes liquor liability prior to the event.

Critical Timeline: The committee has submitted their application to ABC on or before January 24, 2017.

Fiscal impact: Approximately $350 general fund revenue.

Recommendation: Ratify the action taken by the city manager who signed the Daily License Application for the Department of Alcoholic Beverage Control for the February 24-25, 2017 Route 66 Hot Boat & Custom Car Show event.

** Agenda Packet (Agenda Item #10): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-10-boat.pdf

 

– Agenda Item #11:

Approve alcohol at a private party on March 4 at the Rodeo Grounds contingent upon receipt of the liability insurance and liquor liability and a Facility Use Agreement.

Background: Ordinance No. 514-AC was adopted in January 2010 and amended Section “15A-6 Possession and use of alcoholic beverages in city parks and/or city recreational facilities” which reads as follows: “No person shall possess or use any alcoholic beverages on the premises of any recreational area without the express written approval of the city Council.”

Prior to Ordinance 514-AC the city code included “or city manager.” A resident has requested to rent a portion of the Rodeo Grounds to hold a surprise private party on March 4. There will possibly be a band and alcohol will be served. According to ABC Section 23399.1 of the California Business & Professions Code explains the circumstances when an alcoholic beverage license is not required:

1. That there is no sale of an alcoholic beverage.

2. That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of.

3. That the premises are not maintained for the purpose of keeping, serving, Consuming or otherwise disposing of alcoholic beverages. All three of the above elements must exist.

If a proposed event meets the statutory definition of a “private party,” then no ABC license is required.

The applicant has provided city staff with the required documents, which includes liability insurance with liquor liability and a Facility Use Agreement.

Critical Timeline:

Fiscal impact: Approximately $200 to the General Fund.

Recommendation: Approve the surprise private party on March 4 at the Rodeo Grounds contingent upon receipt of the liability insurance with liquor liability and a Facility Use Agreement.

** Agenda Packet (Agenda Item #11): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-11-party.pdf

Members of the Needles City Council unanimously voted to approve agenda items #8 through #11 on the Consent Calendar.

 

**** Regular Items: ****

– Agenda Item #12:

** Video from ZachNews on YouTube: **

Resolution No. 2017-14 renaming the Bush Street substation to Bill Yoney Substation.

Background: William “Bill”Yoney worked as an electric lineman for CPU and then CP National for many years before coming to the City in 1990 when operations and maintenance of the electric utility was absorbed as a city department.

Bill served with distinction as the city’s line crew foreman and was either at work or on call 24/7/365 uninterrupted for years. He was the city’s only qualified lineman that kept the lights on in Needles for decades.

Attached is a resolution for your consideration to change the name of the Bush Street Substation to Bill Yoney Substation honoring Bill for his time, dedication and years of service to the community.

Critical Timeline:

Fiscal impact: N/A

Recommendation: I move to waive the reading and adopt Resolution No. 2017-14 renaming the Bush Street Substation to Bill Yoney Substation.

** Agenda Packet (Agenda Item #12): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-12-yoney.pdf

Members of the Needles City Council unanimously voted to approve the agenda item.

 

– Agenda Item #13:

** Video from ZachNews on YouTube: **

Proposed revised budget for fiscal year ending June 30, 2017.

Background: The City Manager and Finance staff have reviewed the approved 2016-17 budget against actual revenue and expenditures. The Proposed Revised Budgets include all necessary adjustments. Attached is the Revised Budget Summary for Fiscal Year 2016-17 that shows the changes that are being proposed from the original budget to the revised budget.

There was a slight increase in expenditures for Live Scan services in the Rec. Dept. that is offset by a like increase in donation revenue. Overall savings are projected for FY 2017 due largely to the annexation of fire services to the county.

This savings will help offset audit fees that were previously approved but not appropriated, the increase in the Sheriff contract, the addition of a consultant for Building and Safety, increased sweeper costs in Sanitation, an increased subsidy to the Cemetery Fund, and part of the City match for the final phase of the I-40/J St. Connector project.

There were no changes from the original budget to report on the Transit Funds, Sanitation, or SARDA.

Fiscal impact: No change.

Recommended Action: Approve the Proposed Revised Budgets for fiscal year ending June 30, 2017.

** Agenda Packet (Agenda Item #13): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-13-budget.pdf

Members of the Needles City Council unanimously voted to approve the agenda item.

 

– Agenda Item #14:

** Video from ZachNews on YouTube: **

Declare the old existing city owned fire station located at 633 Front Street as surplus property and authorize competitive proposals for sale or lease of said property.

Background: The San Bernardino County Fire Department has moved into their new fire station on South Highway 95 in November and has abandoned the old station located on Front Street in Needles.

The property and/or building has no apparent useful purpose for City operations, should be considered Surplus, and offered for sale or lease through a competitive bid process in accord with state law. A couple of groups have already expressed interest in the property.

Fiscal impact: Unknown value – will be deposited in the surplus property restricted account in the General Fund.

Critical Timeline:

Recommended Action: Declare the old fire station on Front Street as surplus and authorize.

** Agenda Packet (Agenda Item #14): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-14-fire.pdf

Members of the Needles City Council voted 5-1 approving the agenda item. Needles City Council Member Louise Evans voted “No”.

 

– Agenda Item #15:

** Video from ZachNews on YouTube: **

Accept the low bid received from Tri-R Construction for demolition of trees and a small structure in Order to complete installation offencing at the City Yard and authorize expenditure from the surplus property fund in the amount of $16,000.

Background: Staff has received complaints about the visibility of the City Yard, located at the intersection of Robuffa and Desnok.

A decision was made to install fencing to screen the view. In order for fence installation to occur, large salt Cedar trees, as well as an abandoned small residential structure, located on the abutting property to the east, i.e. APN 0186-185-17, owner: Marjut Marianne Paakkanen needs to be removed.

These trees are causing damage to the city equipment as well as the storage building. The property owner has given written permission to demolish the trees, as Well as the abandoned structure, at the city’s expense. An informal bid request was implemented, and two responses received:

1) Phillips Construction in the amount of $19,500;

2) Tri-R Construction in the amount of $16,000.

The City is asking the City Council to award the bid to one of the submitters identified above.

Fiscal Impact: Expense associated with the award bid from the Surplus property fund ($33,000 unencumbered).

Environmental impact: N/A

Recommended Action: I make a motion to accept the low bid received for demolition of trees and small structure in order to complete installation offencing at the City Yard and authorize expenditure from the surplus property fund.

** Agenda Packet (Agenda Item #15): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-15-yard.pdf

dsc00416

** Picture from ZachNews: **

A picture was shown to members of the Needles City Council of an abandoned structure that has been surrounded by the large tree being demolish.

A long discussion occurred between Needles City Attorney John Pinkney and members of the Needles City Council over accepting the lowest bid because of the use of tax player’s money or accepting a local bid. 

After discussing the matter, members of the Needles City Council rejected the bid then unanimously voted to put out to rebid in order to level they playing field for local businesses and non-local businesses.

 

– Agenda Item #16:

** Video from ZachNews on YouTube: **

Discussion regarding a Sanctuary State of California and secession.

Background: Councilmember Gudmundson requested to place this item on the agenda for Council’s Consideration. Attached is an email from Ms. Suzanne Sheppard regarding “Sanctuary State of California” and “Secession”.

She is requesting that the City Council Consider adopting a resolution opposing a California Sanctuary state and Succession.

Fiscal impact: None

Critical Timeline: None

Recommended Action: Discretionary. The Council could either direct that a resolution be prepared for the next Council meeting for action or direct that a letter be prepared for the Mayor’s signature on behalf of the Council.

** Agenda Packet (Agenda Item #16): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-16-sanctuary.pdf

Members of the Needles City Council decided to placed as an action agenda item in the next Needles City Council Meeting being held on Tuesday, February 28th, 2017.

Also, members of the Needles City Council agreed to have a letter signed by City of Needles Mayor Edward T. Paget will be sent out to both County and State representatives letting them know that we are a oppose to this. 

 

– Agenda Item #17:

** Video from ZachNews on YouTube: **

Discussion regarding the recent accidents on Hwy 95 by the Gates Subdivision.

Background: Ms. Virginia Tasker has requested an item be placed on the agenda for discussion, see letter attached.

Recently there have been 6 accidents on Highway 95 between Spikes and Morgan and the traffic is being detoured through the Gates Community damaging the streets and creating an unsafe environment. City staff received calls from other residents in the Gates Community voicing their concerns.

On February 1 the City Manager and Public Works Director met with representatives from San Bernardino County Sheriff’s Office and Public Works Departments and the CHP and CalTrans to review the recent incidents on Highway 95 South, near Spike’s Road.

The following Conclusions were reached:

  • The Speed is too high at that point. CalTrans is investigating beginning the 40 MPH speed zone further south thus lowering the vehicle speed at this point.
  • There seems to be inadequate warning signs of the dangers ahead. CalTrans is also going to investigate adding signs to warn trucks of the risk of tipping at that point.
  • The Condition of the pavement may be contributing to the accidents. CalTrans is investigating regrinding and resurfacing this section of the roadway.
  • Incident command needs improvement. In the future all parties will be notified and involved in Similar accidents.

– There will be an effort to redirect trucks getting off of the freeway to re-enter the freeway and redirected to Five Mile.

– Upstream traffic will be intercepted and directed to Five Mile for freeway access.

– CalTrans will not direct traffic onto City Streets.

– City Public works crews will establish barricades to control any traffic exiting off of the Highway onto residential streets.

Recommended Action: Information Only.

** Agenda Packet (Agenda Item #17): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417-17-accidents.pdf

Needles City Manager Rick Daniels presented to members of the Needles City Council different ways they are trying to handle the situation, including signage with flashing lights to warn trucks the risk of tipping over and to have communication to better redirect traffic around the accident area instead of into small streets.

 

**** Needles City Attorney’s Report: ****

Needles City Attorney John Pinkney had nothing to say.

 

**** Needles City Manager’s Report: ****

Needles City Manager Rick Daniels had nothing to say.

 

**** Needles City Council Requests: ****

Needles City Council Member Shawn Gudmundson, Needles City Council Member Louise Evans, Needles City Council Member Clayton Hazlewood, Needles Vice City Mayor Jeff Williams, Needles City Council Member Tona Belt, and Needles Mayor Edward T. Paget all had no requests.

Needles City Council Member Robert Richardson, M.D. was the only person to speak during Needles City Council Requests thanking all of the City of Needles employees and the San Bernardino County Sheriff’s Department. 

 

**** You can view the full Needles City Council and Successor Agency to the Redevelopment Agency Meeting agenda packet at the following City of Needles website address: ****

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%201/CC_021417_AGENDA_LINKED_LINKED.pdf

**** You can view other City of Needles meetings agendas at the following City of Needles website address: ****

http://cityofneedles.com/Pages/Departments-Services/Boards/

For more information regarding the Needles City Council Meetings, please contact Dale Jones in the City Clerk’s Office at the City of Needles at: 1 (760) 326-2113 Ext. 345.

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