Tag Archives: Needles City Council

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

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, July 11th, 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: ****

** Video from ZachNews on YouTube: **

– Agenda Item A: Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City representative: City Manager Rick Daniels or his designee. Employee organizations: International Brotherhood of Teamsters Local 1932 and Needles Unclassified Employees Association.

 

**** Needles City Attorney Report on Executive Session: ****

** Video from ZachNews on YouTube: **

– Agenda Item A: Needles City Attorney John Pinkney reports that there was no reportable action taken. 

 

**** Public Appearances: ****

** Video from ZachNews on YouTube: **

Pastor Thomas Lamb of Needles Assembly of God Church spoke at Public Appearance regarding asbestos contamination at 539 West Broadway, the old Ford dealership, in Downtown Needles, California which lead to the closure of the church and school because of asbestos contamination concerns.

Pastor Thomas Lamb talks new information from testing of the church and school for airborne asbestos and the rating of contamination found.

The new information was provided to the City of Needles and will be following up on this matter.

 

**** Presentation: ****

– Agenda Item #1:

** Video from ZachNews on YouTube: **

Presentation by Mike Burger, CPA, of the final City audit report for the fiscal year ending June 30, 2016.

Mike Burger wasn’t present and the agenda item will be re-posted for the next meeting. 

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-1-audit.pdf

 

**** Public Hearings: ****

– Agenda Item #2:

** Video from ZachNews on YouTube: **

Public hearing noticed to consider all evidence and testimony for or against amending Sections of Chapter 12A of the Needles Municipal Code related to manufacturing using volatile solvents and disposal of marijuana waste and amending Section 96.01 of the Needles Zoning Code related to manufacturing using volatile solvents.

Ordinance No. 594-AC amending Sections of Chapter 12A of the Needles Municipal Code related to manufacturing using volatile solvents and disposal of marijuana waste and amending Section 96.01 of the Needles Zoning Code related to manufacturing using volatile solvents

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-2-marijuana.pdf

Members of the Needles City Council unanimously voted to approve Ordinance No. 594-AC amending Sections of Chapter 12A of the Needles Municipal Code related to manufacturing using volatile solvents and disposal of marijuana waste and amending Section 96.01 of the Needles Zoning Code related to manufacturing using volatile solvents.

 

**** Recess The Needles City Council Meeting And Convene A Joint Needles City Council / Needles Public Utility Authority Meeting: ****

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

– Agenda Item #3:

** Video from ZachNews on YouTube: **

Approve the minutes of the joint NPUA/NPFA special meeting held December 6, 2016 and the regular meeting held on May 9, 2017.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-3-minutes.pdf

Members of the Needles Public Utility Authority unanimously voted to approve the minutes of the joint NPUA/NPFA special meeting held December 6, 2016 and the regular meeting held on May 9, 2017.

 

– Agenda Item #4:

** Video from ZachNews on YouTube: **

NPUA ACTION: Resolution No. 07-11-2017-1-NPUA authorizing an increase in funding in the amount of $200,000 for the labor costs associated with the Yoney Substation to Cure Farms Substation Intertie Project.

COUNCIL ACTION: Resolution No. 2017-53 authorizing an increase in funding in the amount of $200,000 for the labor costs associated with the Yoney Substation to Cure Farms Substation Intertie Project.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-4-yoney.pdf

Members of the Needles Public Utility Authority unanimously voted to approve Resolution No. 07-11-2017-1-NPUA authorizing an increase in funding in the amount of $200,000 for the labor costs associated with the Yoney Substation to Cure Farms Substation Intertie Project. 

Members of the Needles City Council unanimously voted to approve Resolution No. 2017-53 authorizing an increase in funding in the amount of $200,000 for the labor costs associated with the Yoney Substation to Cure Farms Substation Intertie Project. 

 

– Agenda Item #5:

** Video from ZachNews on YouTube: **

NPUA ACTION: Resolution No. 07-11-2017-NPUA authorization to move forward with Phase 5 material purchase – not to exceed project budget line item of $724,547 for the purchase of materials for the Firehouse Substation on Needles Highway.

COUNCIL ACTION: Resolution No. 2017-52 authorization to move forward With Phase 5 material purchase – not to exceed project budget line item of $724,547 for the purchase of materials for the Firehouse Substation on Needles Highway.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-5-firehouse.pdf

Members of the Needles Public Utility Authority unanimously voted to approve Resolution No. 07-11-2017-NPUA authorization to move forward with Phase 5 material purchase – not to exceed project budget line item of $724,547 for the purchase of materials for the Firehouse Substation on Needles Highway.

Members of the Needles City Council unanimously voted to approve Resolution No. 2017-52 authorization to move forward With Phase 5 material purchase – not to exceed project budget line item of $724,547 for the purchase of materials for the Firehouse Substation on Needles Highway.

 

**** 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 #6 through #10 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #6: Approve the warrants register through July 11, 2017.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-6-warrants.pdf

 

– Agenda Item #7: Approve the minutes of the special and regular meetings held on May 9, 2017.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-7-minutes.pdf

 

– Agenda Item #8: Approve the carry forward budget balances for the I-40/J Street Connector project to be completed in July 2017.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-8-I40.pdf

 

– Agenda Item #9: Authorize the City Manager to conduct a classification and compensation study.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-9-classcompstudy.pdf

 

– Agenda Item #10: Waive the reading and adopt Resolution No. 2017-51 rescinding Resolution No. 2014-47 and approving a lease agreement with Tri-State Alano Club for the building located at 801 Third Street for a term of three (3) years.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-10-alano.pdf

 

Members of the Needles City Council unanimously voted to approve Agenda Items #6 through #10 on the Consent Calendar.

 

**** Regular Items: ****

– Agenda Item #11:

** Video from ZachNews on YouTube: **

Resolution No. 2017-54 amending Resolution No. 2017-34 to increase the size of each building to 22,757 Square feet, amend the building type to steel buildings and re-establish the expiration date of the Conditional Use Permit for the medical marijuana cultivation facility located within the parcel known as APN 0660-081-30 off of Columbus Drive.

** Agenda Item Information: **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-11-CUPcultivation.pdf

Members of the Needles City Council unanimously voted to Resolution No. 2017-54 amending Resolution No. 2017-34 to increase the size of each building to 22,757 Square feet, amend the building type to steel buildings and re-establish the expiration date of the Conditional Use Permit for the medical marijuana cultivation facility located within the parcel known as APN 0660-081-30 off of Columbus Drive.

 

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

** Video from ZachNews on YouTube: **

Needles City Attorney John Pinkney talked briefly about a few of the things their office has been working on with the City of Needles. 

  • Needles City Attorney John Pinkney talked about medical marijuana and what the new administration, under United States of America President Donald Trump, is saying/doing in regards to medical marijuana. Needles City Attorney John Pinkney said the new administration that as of right now, they are prohibited from using federal funds through September 2017 for prosecuting medical marijuana at the State level, but that could change in September 2017. There are still uncertainties and it’s worth watching what happens with this new administration when it comes to policies, that their going to adopt in terms of marijuana. There’s been some indications that the United States Attorney General won’t pursue medical marijuana and focus on recreational marijuana; there’s uncertainties there. 
  • Needles City Attorney John Pinkney talked about advising the city manager regarding changes to the California’s Voter Rights Act. There have been a number of cities throughout the State of California that have changed over to district based elections and there were some changes to the California’s Voter Rights Act at the beginning of the year and so we provided some analysis for the city manager on those changes in the law.
  • Needles City Attorney John Pinkney talked about advising the City of Needles regarding S.B.1266 compliance, which is a new law that requires enhanced reporting and a copy of the joint powers agreement that you are members of…. for example the N.P.U.A. (Needles Public Utility Authority) and so those have to be provided to the County…. and the City of Needles’ book, it has already been done. 
  • Needles City Attorney John Pinkney talked about working on the utility user deposit rules that we addressed at the last Needles City Council Meeting. I believed that we’ll be coming back to you in the near future, so that will be something we’ve been working on.
  • Needles City Attorney John Pinkney talked about working on Transiency Tax Collection issues.
  • Needles City Attorney John Pinkney talked about working on insurance coverage issues related to lawsuit that was filed against the City of Needles, but that has not been served.
  • Needles City Attorney John Pinkney talked about pretty extensively on medical marijuana issues, including preparing the amended ordinance regarding volatile substance and disposal of marijuana that was voted on this evening.
  • Needles City Attorney John Pinkney talked about drafting pretty extensive comments to the governor’s proposed marijuana regulations.
  • Needles City Attorney John Pinkney talked about reviewing a contract with W.A.P.A. we have worked pretty extensively on the utility improvement deposit agreements between the City of Needles and the various developers of these projects in town.
  • Needles City Attorney John Pinkney talked about handling the negotiations and amendments to the agreements with Bacon, who was the purchaser of the former R.D.A. property and has requested that you be permitted to assigned that party.
  • Needles City Attorney John Pinkney talked about advising the City of Needles on day to day labor employment issues.
  • Needles City Attorney John Pinkney talked about recently advising the City of Needles regarding document destruction policies.

 

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

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about a variety of topics.

  • Needles City Manager Rick Daniels talked about the hiring of the new code enforcement officer, Adrian Chavez, and what he’s been doing. Needles City Manager Rick Daniels said that he has hit the ground running and has begun an audit of all of the operating medical marijuana facilities so to make sure they’re operating within all of their permits, our policy, and is in full compliance at all times, and to check to make sure that material isn’t leaking out of the system and making sure that the taxes are being paid. 

  • Needles City Manager Rick Daniels also said that the new code enforcement officer has initiated a cleanup; referring to a flyer, handed out to members of the Needles City council and to the news media, that’s titled “Needles Pride”; asking yourself do you have Needles Pride in your neighborhood and how it looks. The intent is to remind people what is a code violation and what is not.
  • Needles City Manager Rick Daniels talked about the new code enforcement officer’s projects he’s working on are dealing with the old Needles Relax Inn on Needles Highway which is in dilapidated condition; working on a long standing project on Victory Lane; and dealing with burned buildings in the community to get those demolished and/or replace. The new code enforcement officer is also tackling the backlog of code enforcement violations that have been created and will so have on the City of Needles website a status report for members of the Needles city Council and the public can check on about pending code enforcement cases.
  • Needles City Manager Rick Daniels talked about working on establishing a…. something like a fourth Saturday of the month…. we would have a dumpster available for people that are cleaning out their garages and have those located around the community, not just in one location; like one location one month then another location the next month and so on. The goal is to encourage people to clean up their properties.
  • Needles City Manager Rick Daniels proudly reported that last year (2016) the community saw a 1.8 percent increase in property values, valuation of the City of Needles, which means that the city of Needles is becoming more valuable place. Needles City Manager Rick Daniels said that this ends 9 years of decline, but for a half of a percent last year, and the thing to keep in mind is that 1.8 percent increase does not include the buildings that are under construction because they don’t go on the tax rolls until the certificate of occupancy is issued and so they will be on the tax rolls the, the ones that are completed by next August (2018) so this doesn’t include those so we should see…. remember forecasting is for fools…. we should see a more significant increase this upcoming year in terms of value being added to the City of Needles.
  • Needles City Manager Rick Daniels talked about developing a concern on water use by the new industry; that there are some improvements need to be made to the water system and we’re going to be looking for an electric type solution to water.
  • Needles City Manager Rick Daniels talked about the city of Needles receiving a $5,000 donation anonymously to the Needles Animal Shelter to assist in adopting out pets. said that the money will be used on spay and neutering animals and getting them all their shots so they could be more easily adopted; we are pleased about that. 
  • Needles City Manager Rick Daniels talked about continuing to work with applicant that wants to build a truck terminal behind Juicy’s River Cafe.
  • Needles City Manager Rick Daniels talked about a party who wants to build an off-road vehicle training facility. Needles City Manager Rick Daniels said it’s about 300 acres, and they basically build an obstacle course and they train people on how to operate off-road vehicles. Half of their clients are military, the other quarter are corporate outings, and the others are people who just want to go run an obstacle course. We’re working with them and the Bureau of Land Management.
  • Needles City Manager Rick Daniels talked about working with 2 folks that are interested in building a coffee shop in the community. 
  • Needles City Manager Rick Daniels talked about reviewing all of our food truck regulations to make sure that the day somebody comes forward and wants to put a food truck in operation so that the rules are clear and easy for them to do that. With at least 6 to 7 construction sites around the community and possibly more coming soon, this is prime for food truck service and some entrepreneur is going to build a food truck, and in advance of that we want to make sure it’s easy as possible to do so. 
  • Needles City Manager Rick Daniels talked about being in the process of contacting all of the private nonprofits about assuming responsibility for managing the City of Needles’ directional sign program.
  • Needles City Manager Rick Daniels talked about having the opportunity to meet with the Rio Buena Vista Homeowners Association on them forming an assessment district in the City of Needles and the Needles Public Utility Authority on reconstructing much of the infrastructure there to be able to bring it up to city standards and where it could be accepted for ongoing city maintenance. 
  • Needles City Manager Rick Daniels talked about working with the Field of Dream group to get Burlington Northern Santa Fe approval for the improvements that they’ve been talking about now that little league season is over, and all this they want to reorient the existing field to  to match up with the new field and put in the field lights. we’re working with Burlington Northern Santa Fe to make sure that they’ve signed off on it.
  • Needles City Manager Rick Daniels talked about the last few power outages that have occurred in the community, including the most recently in Downtown Needles, California during a dusty monsoon storm. Needles City Manager Rick Daniels said that at least 3 utility poles were taken down by the strong winds and mention the strong winds knocking down the City of Needles flag pole on Third Street. Needles City Manager Rick Daniels said that utility crews were out all night dealing with the power outage and power was quickly restored but one property in the furthest north end of Needles, California.

 

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

**** Still adding details on what was mention during Needles City Council Requests. Please keep checking back or watch the videos posted. Thank You. ****

** Needles City Council Member Louise Evans had an excused absence and Needles Vice City Mayor Jeff Williams had nothing to speak about. **

 

– Needles City Council Member Shawn Gudmundson:

** Video from ZachNews on YouTube: **

Needles City Council Member Shawn Gudmundson talked about ta few things. 

 

 

– Needles City Council Member Clayton Hazlewood:

** Video from ZachNews on YouTube: **

Needles City Council Member Clayton Hazlewood talked about ta few things. 

 

 

– Needles City Council Member Tona Belt:

** Video from ZachNews on YouTube: **

Needles City Council Member Tona Belt talked about ta few things. 

 

 

– Needles City Council Member Robert Richardson, M.D.:

** Video from ZachNews on YouTube: **

Needles City Council Member Robert Richardson, M.D. talked about ta few things. 

 

– Needles Mayor Edward T. Paget M.D.:

** Video from ZachNews on YouTube: **

Needles Mayor Edward T. Paget talked about a few things, including

 

**** After the Needles City Council and Needles Public Utility Authority Meeting: ****

** Video from ZachNews on YouTube: **

ZachNews Photojournalist Zachary A. Lopez asked Needles City Manager Rick Daniels several questions regarding a variety of topics brought up during the Needles City Council and Needles Public Utility Authority Meeting.

  • Needles City Manager Rick Daniels providing more information on what members of the Needles city Council voted on regarding medical marijuana cultivation facilities using volatile solvents and disposal of marijuana waste, and what safety mergers are in place in case of fires.
  • Needles City Manager Rick Daniels talked about the intertie power project, who’s funding the project, how the project helps the community, and work soon to be done on the new line over Interstate 40.
  • Needles City Manager Rick Daniels was asked about about old Burger Hut and what’s the latest information on that property that has been sitting closed for over 2 years since being damaged in a monsoon storm.

 


Despite repairs to the roof and some added work related to putting in air conditioning, no other work has been down for months and continues to remain closed, collecting dust and trash. The owner of Burger Hut have in the pass confirmed to ZachNews that they are going to rebuild and reopen, but recent attempts to speak to the owner on when work will continue on the old Burger Hut and when will Burger hut be reopened have been ignored well a community hopes that something soon be done to either get the owner back to work on the old Burger Hut or have somebody else take over this property. People in the community are worried for the future of the old Burger Hut they loved to eat at for their burgers, shakes, and street tacos. 

  • Needles City Manager Rick Daniels was asked about what’s happening to the closed Americas Best Value Inn. 

The Americas Best Value Inn, located at 1102 East Broadway near Interstate 40 in Needles, California, burned in a fire on Saturday, April 15th, 2017. Needles City Manager Rick Daniels tells ZachNews that they are planning to rebuilding.

  • Needles City Manager Rick Daniels was asked about new businesses and what are some of the new businesses interested in coming to our community, including the earlier mention off-road vehicle training facility and coffee shop. Needles City Manager Rick Daniels tells ZachNews that locations being looked at for the off-road vehicle training facility includes beyond the old Taco Bell and western areas of the community. As for the coffee shop, Needles City Manager Rick Daniels tells ZachNews that one being proposed by a former Winchell’s Donuts executive who has a vision of building a coffee shop and having jazz played there, and the other party is…. there’s a company called Java Jitters in Bullhead City, Arizona. They’ve expressed interest in trying to find a site in Needles, California and we’re working with them to assist the in that effort; we’d love to see private investor. 
  • Needles City Manager Rick Daniels was asked about the “Needles Pride” cleanup plan and what’s the latest information on finding a replacement recycling center. 

The old Camdan Recycling, located at 409 East Broadway in Needles, California, said good bye to the many great and wonderful people they served on Wednesday, December 23rd, 2015, and ever since the closure, the hope was that another recycling center would come in and open up so that people can recycling their trash and get some extra needed cash for recycling and for keeping their community clean. when asked if there’s any chance of a new recycling center coming soon, Needles City Manager Rick Daniels tells ZachNews, “No, we continued to look for private firm to come in and set up a recycling operation.”

  • Needles City Manager Rick Daniels was asked about the old Denny restaurant property and is there anybody interested in wanting to occupy that building. Denny’s restaurant, located at 1400 J Street near Interstate 40, in Needles, California closed as of Monday, August 22nd, 2016. Since the closing, the search for a replacement business that hopefully would be 24 hours would come in and reopen the building. Needles City Manager Rick Daniels tells ZachNews, “I talked with the property owner today and he is coming in the first of August (2017) with a plan for new development on J Street between the ball field and the Motel 6. I asked him about Denny’s and he said he didn’t have anything to report in terms of the new tenant.”

 


The lot Needles City Manager Rick Daniels is talking about along J Street, just across from Dollar General, has been discussed about in the pass been putting a retail shopping outlet with a possible new grocery store. 

  • Needles City Manager Rick Daniels was asked about the comments made by Pastor Thomas Lamb of Needles Assembly of God Church during Public Appearance regarding asbestos contamination at 539 West Broadway, the old Ford dealership, in Downtown Needles, California. 

 

**** You can view the full Needles City Council and Needles Public Utility Authority Meeting agenda packet at the following City of Needles website address: ****

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/07%20JULY/Mtg%201/cc_071117-agenda-together.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.

 

 

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

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, March 14th, 2017 inside the Needles City Council Chambers in Needles, California.

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

** Video from ZachNews on YouTube: **

**** Excused Absences: ****

Members of the Needles City Council unanimously voted to approve excused absences for Needles City Council Member Clayton Hazlewood and Needles Vice Mayor Jeff Williams.

**** Executive Session: ****

– Agenda Item A: Conference with Legal Counsel – Anticipated/Existing litigation pursuant to Government Code Section 54956.9(d)(1) and/or (2) and/or (3). Name of case (case involving City of Needles et. al. adverse to Andrea Smith (Andrea Zindel Smith) and Catherine Smith (Cat Smith), including case number CIVMS1600082, which has been filed but not served).

– Agenda Item B: Conference With Legal Counsel — Anticipated Litigation pursuant to Government Code 54956.9(d)(2) and/or (3). (One potential case adverse to Ontana Planet Green ‘OPG’).

 

**** Needles City Attorney Report on Executive Session: ****

** Video from ZachNews on YouTube: **

– Regarding Executive Session Agenda Item A:

Needles City Attorney representative said that members of the Needles City Council voted in favor of the settlement agreement. Members of the Needles City Council who voted in favor were Shawn Gudmundson, Louise Evans, Robert Richardson, M.D., and Tona Belt.

** Executive Session Agenda Item A: Settlement Agreement: **

** Documents regarding Executive Session Agenda Item A were publicly released from the City of Needles. **

** Video from ZachNews on YouTube: **

– Regarding Executive Session Agenda Item B:

Needles City Attorney representative said that members of the Needles City Council voted in favor of the settlement agreement. Members of the Needles City Council who voted in favor were Shawn Gudmundson, Louise Evans, Robert Richardson, M.D., and Tona Belt.

 

**** Public Appearances: ****

– Public Appearance #1:

** Video from ZachNews on YouTube: **

Ruth Musser-Lopez addressed some questions to members of the Needles City Council regarding cannabis operations in Needles, California, asking for more transparency regarding theses cannabis operations.

** Videos of the Needles Board of Public Utilities Meeting on Tuesday, March 7th, 2017 from ZachNews: **

Ruth Musser-Lopez mention a video recorded by ZachNews of the Needles Board of Public Utilities Meeting on Tuesday, March 7th, 2017 discussing about loss harvest at a medical marijuana facility that raised more questions.

Ruth Musser-Lopez would like the City of Needles to be release to the public the information and evidences, including videos, showing that the loss harvest.

 

**** Presentations: ****

– Agenda Item #1:

** Video from ZachNews on YouTube: **

Mayor Paget to present a Proclamation to Coach Manuel Calderon and the Lady Stangs for winning the Nevada Interscholastic Activities Association (NIAA) Class 2A State Basketball Championship.

** Picture from ZachNews: **

Needles Lady Stangs Coach Manuel Calderon and the Needles Lady Stangs received a proclamation from City of Needles Mayor Edward T. Paget for winning the Nevada Interscholastic Activities Association (N.I.A.A.) Class 2A State Basketball Championship.

The Lady Stangs of Needles High School won the Nevada Interscholastic Activities Association (N.I.A.A.) Class 2A State Basketball Championship Final 2017 against Agassi Prep Stars 64 to 54 on Saturday, February 25th, 2017 inside Cox Pavilion in Las Vegas, Nevada.

 

– Agenda Item #2:

** Video from ZachNews on YouTube: **

Doran Sanchez, BLM California Route 66 Program Lead, will introduce Kyle Sullivan, BLM Mojave Trails National Monument Manager, who will make a PowerPoint presentation regarding the Monument.

Background: (See Attachment Pictures Below):

 

– Agenda Item #3:

** Video from ZachNews on YouTube: **

PowerPoint presentation will be given by Isabel Hunt, Executive Director Embrace Me Family Services, titled “Empowering Families to Embrace Children in Foster Care”.

Background:

** Agenda Packet (Agenda Item #3): **

 

**** Public Hearings: ****

– Agenda Item #4:

** Video from ZachNews on YouTube: **

Public hearing noticed to consider all evidence and testimony for or against amendment of City Code Section 96.01 “Table of Permissible Uses” Section 104.17.6 L “Offsite Signs” and Section P”Outdoor Advertising Displays” has been continued by staff to March 28, 2017.

 

Members of the Needles City Council unanimously voted to continue the agenda item to Tuesday, March 28th, 2017.

 

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

**** Joint Needles Public Utility Authority / 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 Public Utility Authority / Needles City Council may pull an item from the Consent Calendar for discussion. Prior to Needles Public Utility Authority / Needles City Council action, a member of the public may address the Needles Public Utility Authority / Needles City Council on matters Scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve items #5 through #10 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #5: Needles Public Utility Authority / Needles City Council: Approve Fiscal Year 2016 NPUA audit report.

Background: At the Board of Public Utilities meeting on March 7, 2017, the Board recommended for the NPUA to approve the attached NPUA audit report for FY 2016. There were no material weaknesses, significant deficiencies or material noncompliance issues noted.

For your reference, also attached is a copy of the NPUA 2016 Audit Results presentation that was conducted by auditors Vasquez & Company at the March 7, 2017 Utility Board meeting.

Fiscal Impact: None.

Recommended: Approve FY 16 NPUA audit report.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-5-audit.pdf

 

– Agenda Item #6: Needles Public Utility Authority / Needles City Council: Approve the transfer of appropriations between the Water Department and the Recreation/JSP Departments for group insurance in the amount of $20,468.

Background: A budget transfer is requested between the above referenced departments due to a change in plan participant from a member of the Water Department to a member of the Recreation/JSP Departments.

Fiscal Impact: $20,468 increase in the Recreation/JSP Dept. budget to cover the participant plan and a like decrease in the Water Department budget.

Recommendation: Approve the transfer of appropriations between the Water Department and the Recreation/JSP Departments.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-6-insurance.pdf

 

– Agenda Item #7: Needles Public Utility Authority / Needles City Council: Approve revised project budget for the relocated Bill Yoney Substation (formally known as Bush Street Substation) on NPUA property located between Vine Street and Bush Street, West of R Street.

Background: On July 5, 2016 Board of Public Utilities and on July 12, 2016 the City Council approved the project to relocate an existing substation on NPUA property located between Vine Street & Bush Street, West of R Street.

To date Grading, Fencing, Concrete and Transformers are complete. The remaining item is labor construction to build the Bill Yoney substation. This line item was expected to be complete in 5 weeks however it is taking 8 weeks total, due to material ordering delays. The material line item has an actual expense of $135,729.54 to date which is under estimated $200,000. In order to extend labor construction by 3 weeks funds will need to be moved between line items, showing the saving amount under the labor Construction line item.

Fiscal Impact: This change will reduce the overall project cost. There is a balance of $3,836,392 in the electric asset improvements account. The total estimate project costs with contingency and admin of $1,148,508 will be funded by the electric asset improvements fund, as shown below.

** Estimate — Actual — Difference: **

Grading (Informal bid): $5,000.00 — $7,900.00 —

Fencing: $37,000.00 — $31,513.20 —

Concrete: $21,250.00 — $33,250.00 —

Transformers (2): $400,000.00 — $384,000.00 —

Material: $200,000.00 — $135,729.54 — $64,270.46

Steel For Bracing (Endural Steel): $5,000.00 — $4,574.35 —

Air Brake Switches: $50,000.00 — $50,000.00 —

69kv Av Regulators (6): $60,000.00 — Cost includes in transformers —

Contract Labor (8 Weeks): $200,000.00 — $240,000.00 — ($40,000.00)

City Labor (Minor Wire & Poles): $1470.32 — $1470.32 —

Construction Mgmt.: S422.48 — $422.48 —

Misc. Material Purchases for Substation: $10,000.00 — $7,525.00 —

Totals: $990,142.80 — $896,384.89 — $93,757.91

Recommendation: Approve Revised project budget for the relocated Bill Yoney Substation formally known as Bush Street substation on NPUA property located between Vine Street & Bush Street, West of R Street.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-7-yoney.pdf

 

– Agenda Item #8: Needles Public Utility Authority / Needles City Council: Award Lincus Inc. to complete the 2016 AB 32 Green House Gas (GHG) verification services not to exceed proposed quote of $4,206.00.

Background: Lincus Incorporated performed the 2015 GHG verification service for the City of Needles. Air Resources Board applies the six-year rule strictly by calendar date for the use of the same verifier; this would qualify as year two with Lincus Incorporated. The quote received by Lincus incorporated to perform the 2016 verification was $4,206.00. The quote amount does not require an informal or formal bid process.

The deadline for submitting the verification report is September 1, 2016, the City of Needles will submit to meet compliance.

On March 7, 2017 the Board of Public Utilities approved the recommended action.

Fiscal Impact: $4,206.00 is included in the 2016-2017 Electric budget.

Recommended Action: Award Lincus incorporated to complete the 2016 GHG verification Services not to exceed proposed quote of $4,206.00.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-8-ab32.pdf

 

– Agenda Item #9: Needles Public Utility Authority / Needles City Council: Authorize staff to move forward with a proposed wastewater public education/outreach program to include a food servicing grease trap pumping and inspection pilot program and residential fats, oil and grease public education flyer.

Background: Fats, Oils & Grease (FOG) is a main issue for our local wastewater system and plant. Large amounts of oil and grease in wastewater can cause sewer lines to clog, Sewer lift station failures, wastewater treatment plant problems and environmental Concerns.

To combat an on-going problem the following programs have been developed to use the Wastewater public Outreach/education funds;

1) Food Servicing Grease Trap Pumping and Inspection Pilot Program:

Rebate a maximum of $100.00 per pumping and grease trap inspection performed by the City for a maximum budget of $10,000.00. A maximum of three (3) rebates can be applied to each food service establishment utility account. A mandatory City inspection of the grease trap is required to obtain the rebate.

2) Residential Fat’s, Oil, and Grease Public Education Flyer:

Provide awareness and prevention of FOG for a household. Estimated printing cost $1,000.00.

The Board of Public Utilities approved the recommended action on March 7, 2017.

Fiscal Impact: The budget for FY 2016-17 is $16,667.00. The proposed projects/materials is estimated to be completed for approximately $11,000.00.

Environmental Impact: FOG which discharged into the sewer it quickly cools and accumulates in Sewer pipelines, resulting in a sewer blockage. These blockages often result in overflows and environmental pollution can occur in our homes, streets, lawns and possibly the Colorado River. Providing an incentive program to food servicing establishments and residential education can reduce the FOG currently being discharges and will lessen the probability of environmental pollution.

Recommended Action: Authorize staff to move forward with proposed Food Servicing Grease Trap Pumping/Inspection Pilot Program and Residential FOG Outreach Program.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-9-wastewater.pdf

 

– Agenda Item #10: Needles Public Utility Authority / Needles City Council: Authorize staff to move forward with a proposed water public education/outreach program to include a toilet replacement pilot project and youth outreach program.

Background: In following the Governors, “Making Water Conservation a California Way of Life” goal the City is proposing the use of the FY17 Public Education/Outreach in the following two areas,

1) Toilet Replacement Pilot Project:

Rebates available to customers to replace old inefficient toilets with WaterSense labeled water efficient toilets. Rebate a maximum $100.00 per toilet installation, maximum budget of $8,000.00. Total of 80 applications can be received during the pilot project. Rebate will be applied on Customers’ utility account. Maximum rebate allowed per residential account is $200.00, and $400.00 for commercial accounts.

Note: The City will not be collecting or providing toilet’s for this pilot project. The customer will complete an application and provide proof of purchasing a Water efficient toilet to receive the rebate.

2) Youth Outreach Program:

Water Education Materials for the Youth – Needles School District (Pre-K-12) Materials include water conservation flyer, coloring books, teacher activity guides, and Water education books. Estimated cost $2,000.00.

Free water education material was ordered with the California Department of Water Resources. Items included activity books, water conservation pledges (stickers provided) and parent/student water conservation pledges.

The Board of Public Utilities approved the recommended action on March 7, 2017.

Fiscal Impact: The budget for FY 2016-17 is $16,667.00. The proposed projects/materials is estimated to be completed for approximately $11,000.00.

Environmental Impact: The average family can reduce water used for toilets by 20 to 60 percent-that’s nearly 13,000 gallons of water savings for your home every year. Youth education provides an opportunity to teach students about the significant role Water plays in Our Society and ways they can reduce their impact. The goal is for the message to be relayed to their household to have an impact on the City’s Water Conservation goals.

Recommended Action: Authorize staff to move forward with proposed Toilet Replacement Pilot Project and Water Education Materials for the Youth Outreach Program.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-10-water.pdf

Members of the Needles Public Utility Authority unanimously voted to approve agenda items #5 through #10 on the Consent Calendar, and to pull agenda item #8 for discussion. 

** Video regarding Agenda Item #8 from ZachNews on YouTube: **

After discussion, members of the Needles Public Utility Authority unanimously voted to approve agenda item #8 on the Consent Calendar.

 

**** 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 #11 through #13 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #11: Approve the warrants register through March 14, 2017.

 

– Agenda Item #12: Approve the minutes of January 24, 2017.

 

– Agenda Item #13: Waive the reading and adopt Ordinance No. 590-AC approving a proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Highway Commercial (CH) designation for the parcel located at 3515 Needles Highway, APN 0660-162-06 (2nd Reading – Publish).

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-13-ord.pdf

Members of the Needles City Council unanimously voted to approve agenda items #11 through #13 on the Consent Calendar. 

 

**** Regular Items: ****

– Agenda Item #14:

** Video from ZachNews on YouTube: **

Authorize the City Manager to negotiate an intergovernmental agreement to temporarily use the Fort Mojave Indian Tribe Building Inspector until a Building Official can be hired.

BackgroundWhen the City was renovating the El Garces it utilized the Fort Mojave Indian Tribe (FMIT) as a building services contractor because the City did not have a licensed and certified Building Inspector. The enclosed agreement was executed between the FMIT and the City for those services. The City did not have a certified building inspector and in order to meet that obligation for ongoing building services, the City sought proposals and engaged Bureau Veritas (BV) for Building Official, Plans Examination, and Inspection services. BV assigned a person to provide that service to the City however he has left the city for another job. BV is unable to assign a satisfactory person to provide building related services.

During the mid-year budget process Council discussed adding a building official as funding is available to do so. That recruitment should begin this week with a successful candidate On board as soon as possible, but in all likelihood 90 days. In order to Continue to provide builders with good customer service I have returned to the FMIT about reactivating the previous agreement (attached). It will need to be modified to be specific to our immediate needs and the term changed to 90 days.

Fiscal Impact: The previous agreement charged $200/inspection.

Recommendation: Authorize the City Manager to negotiate an intergovernmental agreement to temporarily use the Fort Mojave Indian Tribe Building Inspector until a Building Official can be hired.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_031417-14-building.pdf

Members of the Needles City Council unanimously voted to approve the authorizing the city manager to negotiate an intergovernmental agreement to use the Fort Mojave Indian Tribe building inspector until a building official can be hired.

 

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

Needles City Attorney representative had nothing to comment.

 

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

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about a variety of topics, including:

Talking about a meeting he had with an individual who wants to build 50 to 60 homes at River Road near Bureau Road, across the street from Verde Shores, in Needles, California. 

Talking about the new AutoZone that is set to begin construction in 2 weeks at the Needles Towne Center in Needles, California.

Talking about the cleanup work done along J Street and around Duke Watkins Park.

 

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

– Needles City Council Member Shawn Gudmundson:

** Video from ZachNews on YouTube: **

Needles City Council Member Shawn Gudmundson.

 

– Needles City Council Member Louise Evans:

** Video from ZachNews on YouTube: **

Needles City Council Member Louise Evans.

 

– Needles Mayor Edward T. Paget M.D.:

** Video from ZachNews on YouTube: **

Needles Mayor Edward T. Paget talked about a break in incidents that occurred to his vehicle and 4 other vehicles on his street in Needles, California.

The San Bernardino Sheriff’s Department was asked about the break in incidents and if anybody was arrested, and was told that they took several reports from the victims of these vehicle break ins and are looking into the the incidents.

 

– Needles City Council Member Tona Belt:

** Video from ZachNews on YouTube: **

Needles City Council Member Tona Belt talked about an baseball event that happened. 

 

– Needles City Council Member Robert Richardson, M.D.:

** Video from ZachNews on YouTube: **

Needles City Council Member Robert Richardson, M.D.

 

**** You can view the full Needles City Council and Needles Public Utility Authority Meeting agenda packet at the following City of Needles website address: ****

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/03%20MARCH/Mtg%201/cc_npua_031417-agendaLINKED2.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.

Sports Update!!: Needles, CA: Needles Lady Stangs receives proclamation from City of Needles Mayor.

Sports Update!!: Needles, CA: Needles Lady Stangs receives proclamation from City of Needles Mayor.

Needles Lady Stangs Coach Manuel Calderon and the Needles Lady Stangs received a proclamation from City of Needles Mayor Edward T. Paget for winning the Nevada Interscholastic Activities Association (N.I.A.A.) Class 2A State Basketball Championship.

** Video from ZachNews on YouTube: **

The proclamation was presented to the Needles Lady Stangs was held during the Needles City Council and Needles Public Utility Authority Meeting held on Tuesday, March 14th, 2017 inside the Needles City Council Chambers in Needles, California.

The Lady Stangs of Needles High School won the Nevada Interscholastic Activities Association (N.I.A.A.) Class 2A State Basketball Championship Final 2017 against Agassi Prep Stars 64 to 54 on Saturday, February 25th, 2017 inside Cox Pavilion in Las Vegas, Nevada.

** Pictures from ZachNews. **

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 28th, 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: ****

Nobody spoke during Public Appearances.

 

**** Presentations: ****

– Agenda Item #1:

** Video from ZachNews on YouTube: **

PowerPoint presentation by Ruth Musser-Lopez regarding the importance of preserving the Patton Cabin along Route 66 National Old Trails Highway including the various locations that General George S. Patton used for training maneuvers in Needles.

Background:

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

0228171815q.jpg0228171806b.jpg0228171807h.jpg

Ruth Musser-Lopez gave her report regarding a cabin that may have been General George S. Patton that is currently hidden in trees and located near the City of Needles’ Public Works Yard between Desnok Street and East Broadway (Route 66 National Old Trails Highway) in Needles, California.

 

**** Public Hearings: ****

** Videos (Agenda Items #2-#3) from ZachNews on YouTube: **

– Agenda Item #2:

Public hearing noticed to consider all evidence and testimony for or against changing the General Plan designation for 3515 Needles Highway from High Density Residential to Highway Commercial located on the west side of Needles Highway near Rainbo Beach RV Park APN 0660-162-06.

Ordinance No. 590-AC approving a proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Highway Commercial (CH) designation for the parcel located at 3515 Needles Highway, APN 0660-162-06 (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 Applicant has submitted an application for a General Plan Amendment for parcel APN 0660-16206 (See Attachment A). The size of the Parcel is approximately 2.09 gross acres. Under the General Plan Amendment, APN 0660-162-06 would be redesignated from a Residential Medium Density (RM) designation to a Highway Commercial (CH) designation to be consistent with the zoning designation of Commercial Highway (C-3) for the site (See Attachment B-2).

On December 13, 2016, the City Council adopted Ordinance No. 588 AC, allowing marijuana cultivation in zones C-1, C-2, C-3, M-1 and M-2 with the approval of a Conditional Use Permit and a Regulatory Permit. The project site is located in the C-3 Zone.

A Planning Commission public hearing was held February 15, 2017 for the General Plan Amendment. Public testimony was given and a general discussion with the Public, the applicant and the Commission occurred.

One comment was received from the public Concerning the application of pesticides and how that may affect employees. The applicant explained that the project is required to comply with OSHA requirements, and that the Material Safety Data Sheets (MSDS) explaining handling procedures and hazards, are posted for employees. MDS sheets are also required to follow the chemicals during shipping.

Once testimony was closed, the Planning Commission discussed the General Plan Amendment. Staff explained that there are a number of sites in Needles where the General Plan and Zoning Designations are inconsistent, and these are being reconciled as development projects are proposed.

The Planning Commission voted 5-0 to approve Resolution No. 0215-2017-1 PC, recommending approval of the General Plan Amendment for the subject parcel APN 0660-162-06.

General Plan Amendment Findings

The following Goals and Policies contained in the City’s General Plan are applicable to the proposed GPA to redesignate the project site from Residential Medium Density (RM) designation to a Highway Commercial (CH) for APN 0660-162-06.

A. That the amendment or plan is consistent with the intent of the goals and policies of the General Plan as a whole, and is not inconsistent with any element thereof,

FINDING: The proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Highway Commercial (CH) designation would be consistent with the elements, goals and policies of the General Plan related to Highway Commercial uses.

This because currently the site’s RM designation would permit uses (i.e., residential development) that would otherwise not be permitted under the subject parcel’s Current Zoning designation Highway Commercial (C-3). Within the area bounded by Park Road, Needles Highway and Interstate 40 (including the subject parcel), totaling roughly 451 acres, there are a number of sites where there is an inconsistency between the General Plan land use designation (RM) and the current Zoning designation (C-3). The project site is currently developed with a commercial use (RV and boat storage). Therefore, the GPA is appropriate for this site.

A General Plan Amendment for any parcel in this area where a proposed use is allowed within the C-3 zone, would result in consistency between the General Plan and The Zoning Code. Therefore, the proposed General Plan Amendment would not be inconsistent with the intent of the goals and policies of the General Plan as a whole, or with individual elements.

B. That the amendment or plan is necessary to prescribe reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses With other established uses.

FINDING: The proposed General Plan Amendment is necessary as the Subject parcel’s current designated land use (RM) conflicts with its current Zoning designation (C-3) and its current land use – RV and boat storage. The proposed General Plan Amendment would eliminate this conflict by providing matching permissible land uses found in the C-3 Zoning designation.

Furthermore, and hypothetically, if the Applicant were to instead propose a Zone Change to a residential designation (i.e., RM), the end result would be consistent between General Plan and Zoning designation, however would create an island of spot Zoning in the entire 451 acre area of land as discussed in Finding A as the rest of the area is zoned for Commercial uses. Therefore, the proposed General Plan Amendment is necessary in order to prescribe reasonable controls and standards for its affected land use.

C. That the amendment or plan is necessary to provide reasonable property development rights while protecting environmentally sensitive land uses and Species,

FINDING: The proposed GPA, is necessary in order to provide reasonable property development rights in a commercial zone, where the land use is already commercial (RV and boat storage). As discussed in Finding B, the subject parcel Would be restricted to commercial development under its current C-3 Zoning designation and does not permit residential development even though the General Plan designation is currently RM. Furthermore, the subject parcel is developed and under its current use (RV and boat storage) is heavily disturbed from Onsite activities and with little to no vegetation onsite. Therefore, the proposed GPA would not have any effect on the protection of environmentally-sensitive land uses and Species.

Fiscal Impact: None.

Environmental impact: This project is categorically exempt under the California Environmental Quality Act (CEQA) under Section 15303(c), whereby in urbanized areas, the exemption applies to up to four new commercial buildings not to exceed 10,000 square feet in floor area on sites zoned for such use if not involving the use of Significant amounts of hazardous substances where all necessary public Services and facilities are available and the surrounding area is not environmentally sensitive. For the project site, the applicant is not proposing any new buildings, only tenant improvements to the existing three buildings, as well as new pavement, landscaping, and a block wall along the street frontage.

Recommended Action: I make a motion to: Approve City Council Ordinance 590-AC, Approving a proposed General Plan Amendment from a Residential Medium Density (RM) designation to a Highway Commercial (CH) designation for the parcel located at 3515 Needles Highway also KnOWn as APN 0660-162-06.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-2-generalplan.pdf

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Public comment was held and a near by resident spoke against the project being close to her property and was concern over how will this property do on their property taxes.

Members of the Needles City Council unanimously voted to approve the Findings and Facts, and approve Ordinance 590-AC.

 

– Agenda Item #3:

Public hearing noticed to consider all evidence and testimony for or against a Conditional Use Permit for a medical marijuana cultivation facility in the Highway Commercial (C-3) Zone at 3515 Needles Highway, APN 0660-162-06; Applicant Matt Bates, MSB Cultivation LLC.

Resolution No. 2017-29 approving a Conditional Use Permit for a Medical Marijuana Cultivation Facility located at 3515 Needles Highway, APN 0660-162-06.

Background: An application was recently received from MSB Cultivation LLC, represented by Matt Bates (property owner) to develop a Cannabis Cultivation Facility on a 2.09-acre site located at 3515 Needles Highway (See Attachment A), within the Commercial Highway (C-3) zoning designation. The site is currently being used as an RV and boat storage facility (Needles Boat and RV Storage). The applicant is in the process of removing stored boats and vehicles to accommodate the change of use. The site is currently developed with two storage buildings and an office building totaling 9,130 square feet. The Applicant proposes tenant improvements to the existing 5,506 square foot storage building for proposed cultivation operations (See Building A in Attachment B). Tenant improvements are not proposed for the existing 2,280 square foot storage building (See Building B in Attachment B), or for the existing 1,350 square foot office/storage building (See Building C in Attachment B). Only office and storage activities are proposed for Buildings B and C.

Currently, the site is enclosed by a chain-link fence. Because Cultivation operations require additional security, the applicant is proposing a gated security access that will be from Needles Highway with a six foot slump stone block Wall topped with barbed wire along the street frontage, and chain link fencing augmented with oleander bushes (fast growing dense vegetation) along the remaining three sides of the site. During the Planning Commission public hearing, the Applicant agreed to Wrap the block wall around either end of the site fronting the street for the length of 20 feet to enhance the aesthetics of the site (see revised Condition 25).

As shown in Attachment C, Building A will be internally partitioned to accommodate a Vegetation Room for the sprouting and growing of cannabis plants, three (3) Flowering Rooms for the budding and flowering of cannabis plants, a Packaging Room, and a Loading Area Room for distribution of packaged medical marijuana and for receiving of materials and supplies. As shown in Attachment D, minor alterations to the building’s exterior will involve the removal and sealing of nearly all roll up doors with the exception of one roll-up door at the building’s western end that will remain for entry into the Loading Area Room. This will also include the sealing of the roll up door at the building’s eastern end to be replaced with a man door.

Other security measures are related to employee access. Employees will be required to use a key card at the driveway gate and at the main entrance to Building A. The security card will also be required for the existing 1,350 Square foot office/storage building and the smaller, 2,280 square foot storage building. All employees are to be issued these key cards to provide access to Work areas within the Cultivation building. Non-employees, such as agency staff inspecting the facility will be required to be buzzed in and accompanied by a security officer.

The exterior to Buildings A, Building B, and C, will be illuminated from dusk till dawn with external lighting mounted on all corners and sides of all buildings (See Attachment F-1). Cameras will also be mounted on all exterior buildings, but with a majority of interior cameras to be located along interior corners to door entrances and interior rooms within Building A cultivation operations (See Attachments F-2).

As shown in the Front Elevation of Attachment D, a roll-up door at the western end of the building will remain in place for the delivery of materials and supplies for the Loading Area Room and a secured man door will be installed at the eastern end of the building. To match with the general color of surrounding soils and topography, a condition has been included (Condition 52) for all buildings, including the block wall, to be painted with a matching earth-tone color These improvements will provide the aesthetic integrity of the area and not degrade the value of adjoining properties.

For Building A, the operator will implement best management practices to reduce the potential for plant odors to be detected outside the building, and to include the use of charcoal filters to be incorporated into exterior ventilation equipment.

The project will provide onsite parking. The Site Plan (See Attachment B) currently shows 6 parking stalls and 1 Americans with Disabilities Act (ADA) stall.

The applicant is proposing to link the Cultivation Building (Building A) and Office/Storage Building (Building C) with a concrete sidewalk. Currently, the driveway access including the surface area between Building A and Building C consist of a non-paved and compacted dirt surface. To protect existing soils and water quality from vehicular traffic entering to- and -from the project site, the Applicant will be required to pave the driveway access and the area between Building A and Building C where vehicle movement is most likely to occur (Condition 28).

The facility is planned to employ eight (8) employees operating 24 hours a day, seven days a week and will operate in shifts of three (3).

A Planning Commission public hearing was held February 15, 2017 for the Conditional Use Permit. Public testimony was given and a general discussion with the Public, the applicant and the Commission occurred.

Two comments were received from the public; one comment concerned the application of pesticides and how that may affect employees. The applicant explained that the project is required to comply with OSHA requirements, and that the Material Safety Data Sheets (MSDS) explaining handling procedures, hazards, sheets are posted for employees. These sheets also follow the chemicals during shipping. The second comment concerned the proximity of the site and its proposed use for cannabis cultivation, next to an existing park site. Another comment was received regarding the city park that abuts the applicant’s property, which does not contain any children’s playground equipment, and therefore, the 200′ separation requirement doesn’t apply.

Once testimony was closed, the Planning Commission discussed the proposed project including: 1) the Will Serve Letter from the City that will allow the applicant to use the existing site allocation of one-acre foot per year. If additional Water is required then the applicant will participate in jointly funding the water and sewer line extension, and 2) the use of a combination of chain link fencing and a block wall around the perimeter of the site. For this issue, Condition No. 25 was revised to read as follows (new text is double underlined)

Condition 25. All structures, building walls and the 6 foot perimeter block Wall along the front of the site (Needles Highway) and 20 foot return at the Corners open to public view shall remain free of graffiti or other extraneous markings, drawing, or signage that was not approved by the City, unless directly related to the business being operated on the premises or otherwise providing pertinent information about said premises. The block Wall Shall be Coated with an anti-grafitti Coating. The remaining three sides of the perimeter will be fenced with an 8-foot chain link fence. In the event graffiti or other extraneous markings occur, the Applicant shall remove or cover said markings, drawings, or signage within 24 hours of notification of such occurrence, weather permitting. Paint utilized in Covering such markings shall be of a color that matches, as closely as possible, the Color of the adjacent surface.

The Planning Commission voted 5-0 to approve Resolution No. 02-152017-2 PC, recommending approval of the Conditional Use Permit for the subject parcel APN 0660–162-06.

The Planning Commission voted 5-0 to approve Resolution No. 02-15-2017-2 PC, recommending approval for the medical marijuana cultivation facility.

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 15303(c), whereby in urbanized areas, the exemption applies to up to four new commercial buildings not to exceed 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public Services and facilities are available and the surrounding area is not environmentally sensitive. For the project site, the applicant is not proposing any new buildings, Only tenant improvements to the existing three buildings; as well as new pavement, landscaping, and a block wall along the street frontage.

Recommended Action: I make a motion to: Approve City Council Resolution 201729, Approving a Conditional Use Permit for a Medical Marijuana Cultivation Facility located at 3515 Needles Highway also Known as APN 0660-162-06.

** Agenda Packet (Agenda Item #3): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-3-CUP.pdf

Members of the Needles City Council unanimously voted to approve the Findings and Facts, and approve Resolution No. 2017-29.

 

– Agenda Item #4:

** Video from ZachNews on YouTube: **

Public hearing noticed to consider all evidence and testimony for or against prioritization of eligible projects to be funded with 2017-2018 Community Development Block Grant Funds.

Resolution No. 2017-11 approving eligible activities for the Community Development Block Grant Funding in Fiscal Year 2017-2018.

Background: This is the public’s opportunity to comment on the city’s eligible Community Development Block Grant project proposed for funding in 2017-2018. The proposed projects are:

  1. Continuation of Needles Senior Citizen’s Transportation Services – $7,900.00.
  1. Remodel Recreation Center-Ceiling, Side wall Sound Proofing, Upgrade the Lighting and replacement of gymnasium floor-$23,385.00.

Allow staff to request additional CDBG allocation to be received as an advance towards four years worth of future CDBG funding disbursement, to allow completion of the capital project.

The rehabilitation plan’s cost is projected to be approximately $109,426.00. The plan is attached as Exhibit “A”. Utilizing the City’s current CDBG allocation of $23,385.00 reduces the amount of the funding request to $86,041.00.

Each year we are asked by the County to prioritize eligible projects for funding. This year we have been requested to limit our funding priorities within CDBG allocation of $31,285.00, this allocation is subject to change per San Bernardino County Department of Community Development.

Fiscal Impact: No known fiscal impact to the City.

Recommended Action: I MOVE to waive the reading and adopt Resolution 2017-11 Prepared By:prioritizing and approving the dollar amount of Needles eligible projects for the Community Development Block Grant Funding in fiscal year 2017-2018.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-4-cdbg.pdf

Members of the Needles City Council unanimously voted to approve Resolution No. 2017-11.

 

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

– Agenda Item #5:

** Video from ZachNews on YouTube: **

NPUA ACTION: Approve the minutes of December 13, 2016 and January 10, 2017.

Background:

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

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

 

– Agenda Item #6:

** Video from ZachNews on YouTube: **

NPUA ACTION: Resolution No. 02-28-2017-1-NPUA authorizing funding in an amount not to exceed $82,000 for the replacement of an undersized transformer at the Topock Substation and the upgrade of jumper connectors at the No Name Substation to allow for additional electric capacity in the City.

COUNCIL ACTION: Resolution No. 2017-25 authorizing funding in an amount not to exceed $82,000 for the replacement of an undersized transformer at the Topock Substation and the upgrade of jumper connectors at the No Name Substation to allow for additional electric capacity in the City.

Background: The recent increase in demand for electric capacity on the City’s utility System has necessitated the need for additional capacity, thereby requesting that the City’s electric provider, Western Area Power Authority (WAPA) determine the feasibility of receiving additional electric power.

A recent system study completed by WAPA concluded that two improvements need to be completed on the 69kV power line connecting the Topock Substation in Arizona to the Firehouse Switchyard located in Needles to allow the increase in Capacity.

Project one requires the replacement of an undersized transformer used for metering the electric at the Topock Substation. This piece of equipment is owned by a private transmission company called “APCO”.

Project two requires jumper connectors at the No Name Substation on Tribal property to be upgraded to handle the increased electric flow. This work can be performed by the City of Needles electric crew, working in Conjunction with the Tribal electric utilities Crew.

These two projects will be completed simultaneously in the same Switching procedure and the requested funding of $82,000 covers the Costs of both projects.

This item was presented to the Board of Public Utilities at their regular meeting of February 21, 2017, and was approved.

Fiscal Impact: APCO requires that we pay in advance for the purchase of this specialty electrical equipment so that they can replace it.

The request is for an amount not to exceed $82,000 from the Developer’s Deposit to be used to fund the APCO improvements.

Recommendation: N.P.U.A. Action: Adopt Resolution No. 02-28-2017-1-NPUA authorizing an expenditure in an amount not to exceed $82,000 from the Developer’s Deposit for the purchase of equipment in support of the two projects identified above.

CITY COUNCIL Action: Adopt Resolution No. 2017-25 authorizing an expenditure in an amount not to exceed $82,000 from the Developer’s Deposit for the purchase of equipment in support of the two projects identified above.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-6-topoc.pdf

Members of the Needles Public Utility Authority unanimously voted to adopt Resolution No. 02-28-2017-1-NPUA.

Members of the Needles City Council unanimously voted to adopt Resolution No. 2017-25.

 

– Agenda Item #7:

** Video from ZachNews on YouTube: **

NPUA ACTION: Resolution No. 02-28-2017-NPUA authorizing funding in an amount not to exceed $82,000 for the completion of a capital improvement project to construct a new electrical circuit from Eagle Pass Substation to Columbus Drive (ACT) COUNCIL ACTION: Resolution No. 2017-26 authorizing funding in an amount not to exceed $82,000 for the Completion of a capital improvement project to construct a new electrical circuit from Eagle Pass Substation to Columbus Drive.

Background: The funding request is for the purchase of three (3) 500 KVA voltage regulators and one breaker relay control, as well as conductor and conduit, to Complete the project.

Fiscal Impact: N.P.U.A. action: Adopt N.P.U.A. Resolution No.02-28-2017-NPUA authorizing an expenditure in an amount not to exceed $82,000 from the NPUA Capital Improvements Fund for the construction of a new circuit from Eagle Pass Substation to Columbus Dr.

Recommendation: Council action: Adopt Resolution No. 2017-26 authorizing an expenditure in an amount not to exceed $82,000 from the N.P.U.A. Capital improvement Funds for the construction of a new circuit from Eagle Pass Substation to Columbus Dr.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-7-eagle.pdf

Members of the Needles Public Utility Authority unanimously voted to adopt N.P.U.A. Resolution No.02-28-2017-NPUA.

Members of the Needles City Council unanimously voted to adopt Resolution No. 2017-26.

 

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

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

** Video (Consent Calendar) 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 #24 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #8:

Approve the warrants register through February 28, 2017.

Background:

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

– Agenda Item #9:

Approve the minutes of December 13, 2016 and January 10, 2017.

Background:

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

– Agenda Item #10:

Waive the reading and adopt 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 (OS) designation to a Neighborhood Commercial (C-1) designation for the parcel known as APN 0186-191-53; located north of the Lilly Hill apartment complex, between Lilly Hill and the I-40 (2nd reading – publish).

Background: (See Agenda Packet #10)

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-10-ord589.pdf

– Agenda Item #11:

Waive the reading and adopt Resolution No. 2017-15 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-25 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-25 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal Impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-15 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-11-2017-15.pdf

– Agenda Item #12:

Waive the reading and adopt Resolution No. 2017-16 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-24 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-24 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal Impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-16 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-12-2017-16.pdf

– Agenda Item #13:

Waive the reading and adopt Resolution No. 2017-17 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-26 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-26 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-17 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-13-2017-17.pdf

– Agenda Item #14:

Waive the reading and adopt Resolution No. 2017-18 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-27 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-27 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-18 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-14-2017-18.pdf

– Agenda Item #15:

Waive the reading and adopt Resolution No. 2017-19 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-28 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-28 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-19 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-15-2017-19.pdf

– Agenda Item #16:

Waive the reading and adopt Resolution No. 2017-20 accepting a Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-351-29 Clary Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0185-351-29 (Clary Drive), for the extension of city utility lines and protection of the 16″ water main from Lillyhill Booster Station to Storage Tanks on San Clemente in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal Impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-20 accepting an Utility Easement from City of Needles and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-16-2017-20.pdf

– Agenda Item #17:

Waive the reading and adopt Resolution No. 2017-21 accepting a Utility Easement from Commres Financial, LLC and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0185-011-17 Shell Station on Needles Hwy.

Background: This grant deed will provide a legal ten foot wide underground public utility easement located on the West Property line of APN 0185-011-17 (Needles Hwy), for the extension of city utility in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-21 accepting an Utility Easement from Commres Financial, LLC and direct staff to file the easement deed with the San Bernardino County Recorders Office.

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

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-17-2017-21.pdf

– Agenda Item #18:

Waive the reading and adopt Resolution No. 2017-22 accepting a Utility Easement from San Bernardino County and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0650-362-02 Safari Drive.

Background: This grant deed will provide a legal ten foot wide underground public utility easement located on the West Property line of APN 0650-362-02 (Safari Drive), for the extension of city utility lines to serve said property and beyond. The costs of utility improvements have been borne by County of San Bernardino while building the new Fire Station in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-22 accepting an Utility.

** Agenda Packet (Agenda Item #18): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-18-2017-22.pdf

– Agenda Item #19:

Waive the reading and adopt Resolution No. 2017-23 accepting a Utility Easement from Michael F. Heitman Trustee and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0660-261-29 near My Place Road.

Background: This grant deed will provide a legal five foot wide underground public utility easement located on the South of the North Property Line and commencing for a distance of 200 feet following underground electric on and across property for the extension of city utility in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal Impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-23 accepting an Utility Easement from Michael F. Heitman, Trustee of the Michael F. Heitman Trust and direct staff to file the easement deed with the San Bernardino County Recorders Office.

** Agenda Packet (Agenda Item #19): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-19-2017-23.pdf

– Agenda Item #20:

Waive the reading and adopt Resolution No. 2017-24 accepting a Utility Easement from Section 19 Trust (Steven Farmer) and direct staff to file the easement deed with the San Bernardino County Recorder’s Office, APN 0660-081-30 near Columbus Drive.

Background: This grant deed will provide a legal forty foot wide underground public utility easement located on the West Property line of APN 0660-081-30 (near Columbus Drive), for the extension of city utility lines along the West Property line of said property in conformance with Needles Municipal Code’s Terms and Conditions for utility extensions.

Fiscal Impact: None

Recommendation: MOVE to waive the reading and adopt Resolution No. 2017-24 accepting an Utility Easement from Section 19 Trust (Steven Farmer) and direct staff to file the easement deed with the San Bernardino County Recorders Office.

** Agenda Packet (Agenda Item #20): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-agenda_LINKED.pdf

– Agenda Item #21:

Waive the reading and adopt Resolution No. 2017-27 establishing a fee for the processing of an initiative petition for any municipal measure(s).

Background: Elections Code section 9202(b) provides that any person filing a notice of intent with the elections official shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.

Staff has prepared a cost estimate based on the amount of time it takes to review a filed notice and provide the required ballot title and summary of the proposed measure. Staff estimates that the City Clerk and City Attorney spend approximately three and One half hours to receive and process each notice of intent at an approximate cost of $700.00 and is recommending setting the fee at $200.00 which is the maximum amount allowable by the Election Code.

Attached is Resolution No. 2017-27 establishing a $200 fee to file a notice of intent to circulate an initiative petition, which would be refunded to the filer if, within one year of the date offiling the notice of intent, the elections official certifies the sufficiency of the petition, in accordance with Elections Code section 9202(b).

Recommendation: Waive the reading and adopt Resolution No. 2017-27.

** Agenda Packet (Agenda Item #21): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-21-initiative.pdf

– Agenda Item #22:

Continue the hearings on the subpoenas issued to River Road Resort and Acharya Corporation dba America’s Best Value Inn and their respective representatives to March 28, 2017 at 6 p.m. at 1111 Bailey Avenue, Needles, California 92363 and the subpoenaed parties are hereby ordered to appear at that date and time and produce the subpoenaed documents unless excused in advance in Writing by the city manager.

Background: Transient Occupancy Tax Subpoenas

City Attorney’s Recommendation: At the January 24, 2017 Council meeting, the Needles City Council authorized the issuance of two legislative subpoenas. The subpoenas were directed to two businesses and their representatives requiring production of documents related to Transient Occupancy Taxes. After the subpoenas were served, representatives of the subpoenaed businesses produced some of the requested documentation to City staff. Both businesses are currently cooperating with the City’s efforts to gather sufficient documents to calculate Transient Occupancy Taxes due. Given the cooperation of the representatives of the two businesses, staff is recommending that the hearing on the subpoenas be continued until to the March 28, 2017 Council meeting. This should provide the subpoenaed parties with sufficient time to produce additional documents needed to determine outstanding Transient Occupancy Taxes. If the subpoenaed parties receive written confirmation from the City Manager that they have complied with the subpoenas prior to the March 28, 2017 Council meeting, they will not be required to appear at the Council hearing. If the subpoenaed parties cease to cooperate or fail to comply with their obligations to the City, the hearings on the subpoenas will move-forward on March 28, 2017.

Fiscal Impact: None

Proposed Action: I move that the hearings on the subpoenas issued to River Road Resort and Acharya Corporation dba America’s Best Value Inn and their respective representatives be continued to March 28, 2017 at 6 p.m. at 1111 Bailey Avenue, Needles, California 92363. The subpoenaed parties are hereby ordered to appear at that date and time and produce the subpoenaed documents unless excused in advance in writing by the City Manager.

** Agenda Packet (Agenda Item #22): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-22-tot.pdf

– Agenda Item #23:

Accept the work completed by Rutt Fence for the Public Works Yard Fencing in the amount of $54,910 and authorize staff to issue a Notice of Completion to send to San Bernardino County for recording.

Background: On January 24, 2017 a Notice to Proceed was issued for the Public Works Yard Fencing Improvements to replace the old dilapidated fence with new privacy fencing.

The fencing portion is complete except for the last 50 feet due to the obstruction from the massive trees on the vacant property next to the Public Works yard. City Crews attempted to trim back the trees and found a small house and other trees that were hidden from view and the trees are encroaching in the path of the fence placement. Rutt Fence has completed the project except for where the trees are located. Staff discovered that the South rolling gate was omitted accidentally and a change order would be needed to add this gate back into the project. Marc Richards, Director of Public Works, decision to have the contractor add the 20′ rolling gate that was omitted in exchange for the labor & re-mobilization charges to return to finish the fence once the trees were removed. The contractor left all materials and hardware to complete the fencing and the Public Works crew will set and pull the last 50 feet of fence once the obstructions have been removed from the property line.

Fiscal Impact: This City Council approved the use of the restricted fund from the surplus property sales. The contingency of $5.989 was not used resulting in a project cost of $59,891. These funds can be applied to the tree and structure removal.

$1,817 Bid Prep 8. Design

$54,910 Construction

$3,164 Quality Assurance / Control

$5,989 Contingency

$59,891 Estimated Project Costs

Recommendation: Accept the work completed by RUTT FENCE in the amount of $54,910 and authorize to issue a Notice of Completion to San Bernardino County for recording.

** Agenda Packet (Agenda Item #23): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-23-fence.pdf

– Agenda Item #24:

Authorize the city manager to sign the Needles Rodeo Association Daily License Application for the Department of Alcoholic Beverage Control for their Annual Colorado River Round Up Rodeo Event on March 29 – April 1, 2017 at the Needles Rodeo Grounds.

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 Needles Rodeo Association has provided city staff with the required documents and is waiting for their ABC Permit which will be processed 30 days prior to the event date of March 29 – April 1, 2017. The Association will provide a certificate of liability which includes liquor liability prior to the event.

Critical Timeline: The Association will submit the application to ABC 30 days prior to event date.

Fiscal impact: The Needles Rodeo Association has provided receipts of upgrades/repairs in lieu of paying the rental fees.

Recommendation: Authorize the city manager to sign the Needles Rodeo Association Daily License Application for the Department of Alcoholic Beverage Control for their Annual Colorado River Round Up Rodeo event on March 29 – April 1, 2017 at the Needles Rodeo Grounds.

** Agenda Packet (Agenda Item #24): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-24-rodeo.pdf

Members of the Needles City Council unanimously voted to approve items #8 through #24 on the Consent Calendar, and to pull Agenda Items #10, #21, and #23 for discussion.

  •  Regarding the discussion on Agenda Items #10:

** Video (Agenda Items #10) from ZachNews on YouTube: **

Needles City Council Member Louise Evans spoke about concern that was raised over the times of hauling the “merchandise” from the facility along an area that is a “Safe Routes to School” zone.

Needles City Council Member Louise Evans asked if the hauling of the “merchandise can not be done when kids are walking to school and when kids are walking back home from school; a 2 hour window in the morning and a 2 hour window in the evening.

Mr. Matt Bates, the applicant, said, “I think we can probably  a company that idea… that’s easy to do.”

There was then a short discussion crime, what could be coming into Needles, California, and making sure that things are safe and security so that nothing bad happens.

Applicant representative Josh Stewart said that “Absolutely, we’re not going to do high traffic when kids are walking home from school”.

As for safety and security, applicant representative Josh Stewart said, “It will be a safe place and you will not know what’s going on.”

After discussion, members of the Needles City Council unanimously voted to approve item #10.

  • Regarding the discussion on Agenda Items #21:

** Video (Agenda Items #21) from ZachNews on YouTube: **

Concerns was raised to members of the Needles City Council by the public regarding the fees and how the fees is in a way a deterrent for somebody to do an initiative petition for any municipal measure or measures.

After hearing the public’s concerns; members of the Needles City Council did not act on this the agenda item and so the agenda item died due to a lack of an motion.

  • Regarding the discussion on Agenda Items #23:

** Video (Agenda Items #23) from ZachNews on YouTube: **

The question on if the project is completed was raised to members of the Needles City Council by the public regarding the new Public Works Yard Fencing; because of fencing that still needing to be done, but trees were encroaching in the path of the fence placement. 

The massive trees that is located on a vacant property next to the Public Works yard and City of Needles crews attempted to trim back the trees and found a small house, as well as other trees that were hidden from view.

Needles City Manager Rick Daniels explained why the project is “Completed”; because of a “Change Order” with the contractor to add the 20′ rolling gate that was omitted in exchange for the labor & re-mobilization charges to return to finish the fence once the trees were removed.

After discussion and explaining the why the project is “Completed”, members of the Needles City Council voted 5-1 to approve the agenda item; the project being completed. Needles Vice City Mayor Jeff Williams voted “No” on Agenda Items #23.

 

**** Regular Items: ****

– Agenda Item #25:

** Video from ZachNews on YouTube: **

Resolution No. 2017-28 pledging support for the rule of law and declaring opposition to nullification of the law and further pledging allegiance to the flag of the United States and affirming its sworn duty to preserve, protect and defend the Constitutions of the United States and the State of California.

Background: At your last meeting held on February 14, direction was given, through Council consensus, that a letter be prepared for the Mayor’s signature on behalf of the Council to be mailed to our representatives and directed staff to prepare a resolution for consideration.

The “Yes California Independence Campaign” is an American political action Committee that promotes the secession of the State of California from the United States. The organization is promoting a proposed initiative to be placed on the 2018 California state ballot, which, if passed, will then require an independence vote of all the members of the electorate to be held in March 2019 on the question of California’s independence. It would require an amendment to the United States Constitution.

California Senate Democrats recently moved to become the first “sanctuary State,” advancing bills that would create a statewide sanctuary for illegal immigrants, provide money to pay lawyers for immigrants facing deportation and hamper any attempts by the Trump administration to Create a Muslim registry.

Fiscal impact: None

Critical Timeline: None

Recommended Action: Resolution No. 2017-28 pledging support for the rule of law and declaring opposition to nullification of the law and further pledging allegiance to the flag of the United States and affirming its sworn duty to preserve, protect and defend the Constitutions of the United States and the State of California/

** Agenda Packet (Agenda Item #25): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-25-sanctuary.pdf

Members of the Needles City Council unanimously voted to approve Resolution No. 2017-28.

 

– Agenda Item #26:

** Video from ZachNews on YouTube: **

Discussion to consider changing the City Council/NPUA/SARDA and NPFA meeting day to Monday.

Background: Attached is a request from the Needles Desert Star to consider changing the City Council / NPUA / SARDA and NPFA meeting day. Monday was the traditional meeting day and in 1997 it was changed to Tuesday.

Fiscal impact: None

Critical Timeline: None

Recommended Action: Discretionary Options: Take no action or direct staff to prepare a resolution for Council’s Consideration.

** Agenda Packet (Agenda Item #26): **

http://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-26-meetiing.pdf

The agenda item was requested by Robin Richards of the Needles Desert Star to consider changing the City Council / NPUA / SARDA and NPFA meeting day to Monday so that the newspaper can report on the results of the Needles City Council’s actions. 

Concerns were raised regarding how that day is use to get staff reports as well as getting questions answered after studying the agenda packet over the weekend, and concerns over federal holidays that land on Mondays.

For those reasons, members of the Needles City Council did not act on this the agenda item and so the agenda item died due to a lack of an motion.

 

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

** Video from ZachNews on YouTube: **

Needles City Attorney John Pinkney talked about a variety of items, including what the United States of America President said about his administration planning to have greater federal enforcement of laws against the use of marijuana for recreational purposes.

 

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

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about a variety of items, including:

Needles City Manager Rick Daniels talked about an old development project named “Rusty Acres”, that has 78 lots there. A developer wants to pick up those lots and finish up those lots to build a subdivision, building homes. Needles City Manager Rick Daniels said that he will be meeting with that developer will happen later this week.

Needles City Manager Rick Daniels then talked him beginning to work with Bureau of Land Management and the United States Bureau of Reclamation on the Bureau Bay Project, and what it will take for the City of Needles to do to move forward on that itself or having somebody else to do the project.

 

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

– Needles City Council Member Shawn Gudmundson:

** Video from ZachNews on YouTube: **

Needles City Council Member Shawn Gudmundson talked about a variety of items.

Needles City Council Member Shawn Gudmundson talked about the Interstate 40/ Arizona Highway 95 Connector Project and the sudden placement of a stop sign at the intersection of West Broadway and L Street.

The concern is that there is no traffic change ahead of the sudden placed stop sign right at the button of the West Broadway bridge.

Since the West Broadway closure (a.k.a., Needles Jam) began, there has been vehicles that didn’t stop at the newly posted stop sign along eastbound West Broadway.

Before the West Broadway closure, there was no stop sign was posted there, but only a pedestrian crossing sign was posted before the intersection; which was posted on the eastbound side of West Broadway but was missing a pedestrian crossing sign along westound West Broadway which ZachNews has repeatedly raised that question regarding why there wasn’t no replacement pedestrian crossing sign during meetings on the Interstate 40/ Arizona Highway 95 Connector Project.

Needles City Council Member Shawn Gudmundson talked about a property owner, who contacted him, regarding a property along Chestnut Street that was damaged in a fire over 8 months ago and the building is still standing there. Also, the building at the concern of Market Street and North L Street; another burned property still standing. Code Enforcement is a huge issue addressed at past community clean up meetings and we need to keep up on things.

Needles City Council Member Shawn Gudmundson then talked about somebody bringing up to him about trees into utility lines at the corner of Cibola Street and B Street.

 

– Needles City Council Member Louise Evans:

** Video from ZachNews on YouTube: **

Needles City Council Member Louise Evans didn’t have anything to speak of.

 

– Needles City Council Member Clayton Hazlewood:

** Video from ZachNews on YouTube: **

Needles City Council Member Clayton Hazlewood didn’t have anything to speak of.

 

– Needles Vice City Mayor Jeff Williams:

** Video from ZachNews on YouTube: **

Needles Vice City Mayor Jeff Williams didn’t have anything to speak of.

 

– Needles City Council Member Tona Belt:

** Video from ZachNews on YouTube: **

Needles City Council Member Tona Belt talked about the vision of the town in the next few with this current Needles City Council.

Needles City Council Member Tona Belt also mentions that we’ve officially approved 9 medical marijuana cultivation centers.

Needles City Manager Rick Daniels spoke saying that we have began working with the Needles Planning Commission on starting the process on the new General Plan.

 

– Needles City Council Member Robert Richardson, M.D.:

** Video from ZachNews on YouTube: **

Needles City Council Member Robert Richardson, M.D. thanked City of Needles Staff, the San Bernardino County Sheriff’s Department and the San Bernardino County Fire Department for their work int eh community.

Needles City Council Member Robert Richardson, M.D. then talked about a report in their agenda packet called, “Lessons Learned After 4 Years of Marijuana Legalization” and how this report creates concerns and points out that we should be prepare just in case things start to change in our community. 

** Report: “Lessons Learned After 4 Years of Marijuana Legalization”: **

https://learnaboutsam.org/wp-content/uploads/2016/11/SAM-report-on-CO-and-WA-issued-31-Oct-2016.pdf

 

– Needles Mayor Edward T. Paget M.D.:

** Video from ZachNews on YouTube: **

Needles Mayor Edward T. Paget talked about the car show over the weekend; saying that he thinks there were at least 5,000 people there.

Needles Mayor Edward T. Paget also talked about the golf course and how it’s really great, and thanking the Needles City Manager Rick Daniels for his work.

 

**** After the Needles City Council and Needles Public Utility Authority Meeting: ****

** Video from ZachNews on YouTube: **

ZachNews Photojournalist Zachary A. Lopez talked to Needles Mayor Edward T. Paget about the Needles Lady Stangs of Needles High School winning the Nevada Interscholastic Activities Association (N.I.A.A.) Class 2A State Basketball Championship Final 2017.

The Needles Lady Stangs of Needles High School won against Agassi Prep Stars on Saturday, February 25th, 2017 inside Cox Pavilion in Las Vegas, Nevada.

ZachNews Photojournalist Zachary A. Lopez asked Needles Mayor Edward T. Paget about inviting the Needles Lady Stangs team to the Needles City Council Meeting to thank them for their work and suggested bringing the win home to our community.

Needles Mayor Edward T. Paget thinks that would be a good idea and will look into what to do.

 

**** 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://www.cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/02%20FEBRUARY/Mtg%202/cc_022817-agenda_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.

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.

Needles, CA: Summary and voting results from the Needles City Council and Successor Agency to the Redevelopment Agency Meeting.

0124171822a.jpg

Needles, CA: Summary and voting results from the Needles City Council and Successor Agency to the Redevelopment Agency Meeting.

A Needles City Council and Successor Agency to the Redevelopment Agency Meeting was held on Tuesday, January 24th, 2017 inside the Needles City Council Chambers in Needles, California.

Needles City Council Member Robert Richardson M.D. participated via teleconference from Victorville, California.

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

**** Public Appearances: ****

– Public Appearance #1:

** Video from ZachNews on YouTube: **

Ruth Musser-Lopez congratulated new members who were voted into office in November 2016.

Ruth Musser-Lopez then talked about new Needles City Council Member Clayton Hazlewood and claims that Clayton Hazlewood was registered as an African American.

Clayton Hazlewood said to Ruth Musser-Lopez, “That’s been fix since and that was put in as a mistake“.

Ruth Musser-Lopez said to Clayton Hazlewood, “Oh, it was an alternative facts or was it just voter registration fraud?”

Clayton Hazlewood said to Ruth Musser-Lopez, “No, it must of been put in wrong – back when I was 18 years old“. 

ZachNews reached out to the San Bernardino County Elections Office for more details.

According to Melissa Eickman, Public Information Manager at the Elections Office of the Registrar of Voters, “Clayton Hazlewood’s voter registration record does not indicate that he is, or ever was, identified as African American.

 

– Public Appearance #2:

** Video from ZachNews on YouTube: **

Terry Campbell explained the difference between 2 inch vs 3 quarter inch water meters after a question was raised about water meter size flow.

 

Concerns regarding Highway 95 in Needles, California and recent semi truck accidents as well as illegal truck parking issues were brought up during the next public appearances.

– Public Appearance #3:

** Video from ZachNews on YouTube: **

 

– Public Appearance #4:

** Video from ZachNews on YouTube: **

 

Needles City Manager Rick Daniels spoke after Public Appearances.

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about a meeting planned to discuss the amount of semi truck accidents as well as illegal truck parking issues along Highway 95 in Needles, California.

 

**** Convene Successor Agency to the Redevelopment Agency Meeting: ****

– Agenda Item #1:

** Video from ZachNews on YouTube: **

Resolution No. 01-24-2017-SARDA approving the Recognized Obligation Payment Schedule17-18A & B for the period of July 2017 through June 2018 and approving certain related actions.

Background: Pursuant to Health and Safety Code (“HSC”) S 34172 (a) (1), the Redevelopment Agency of the City of Needles was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City Council of the City of Needles (“City”) previously elected to serve in the capacity of the Successor Agency. The Oversight Board for the Successor Agency (“Oversight Board”) has been established pursuant to HSC S 34.179 to assist in the wind-down of the dissolved redevelopment agency.

Per HSC S 34177 (o) (1), the Successor Agency is required to prepare a ROPS before each twelve-month fiscal year period. Pursuant to HSC S 34180 (g), Oversight Board approval is required for the establishment of each ROPS. Pursuant to HSC S 34177 (o) (1), an Oversight Board-approved ROPS 17-18A and B for the period of July 2017 through June 2018 must be submitted to the State Department of Finance, State Controller’s Office and to the County Auditor-Controller not later than February 1, 2017 (the “Submission Deadline”). The Oversight Board will consider the approval of the ROPS 17-18A and B before the Submission Deadline.

Fiscal Impact: Pursuant to HSC S 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The Successor Agency’s and the Oversight Board’s approval of the ROPS 17-18A and B will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations.

Recommendation: Adopt the attached resolution approving the Recognized Obligation Payment Schedule (“ROPS”) 17-18A and B of the Successor Agency to the Redevelopment Agency of the City of Needles (“Successor Agency”) for the period of July 2017 through June 2018.

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

Members of the Successor Agency to the Redevelopment Agency unanimously voted to approve agenda item: #7.

 

**** Adjourn Successor Agency to the Redevelopment Agency Meeting: ****

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

** Video from ZachNews on YouTube: **

A 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 #2 through #6 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #2: Approve the warrants register through January 24, 2017.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-2-warrants.pdf

– Agenda Item #3: Waive the reading and adopt Resolution No. 2017-8 providing concurrence for the approval of Final Parcel Map No. 19770, subdividing 8.20 acres into 2 parcels, located at 1040 E. Broadway (Needles Towne Center Shopping Center) APN 0186-222-06.

Background: The AutoZone project required the processing of a parcel map to carve out the project site from the existing Towne Center Shopping Center. The Tentative Parcel Map was approved by City Council on December 12, 2016. The Final Parcel Map has been received and is being circulated for signatures and is ready for recording.

Fiscal impact: None

Environmental Impact: N/A

Recommended Action: I make a motion to: Approve Resolution No. 2017-8 concurring with the approval and recording of Final Parcel Map No. 19770.

** Agenda Packet (Agenda Item #3): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-3-autozone.pdf

– Agenda Item #4: Waive the reading and adopt Resolution No. 2017-9 rescinding Resolution No. 2016-18 and 2016-27 and, authorizing the city of Needles access to summary criminal history information for employment including volunteers and medical marijuana licensing or permitting purposes.

Background: The city is requesting Live Scan for medical marijuana personnel however it is limited to California only. Attached is Resolution No. 2017-9 requesting the ability to access state and federal level summary criminal history information.

Fiscal impact: N/A

Critical Timeline:

Recommendation: Move to waive the reading and adopt Resolution No. 2017-9 Rescinding Resolution No. 2016-18 and 2016-27 and, authorizing the City of Needles access to summary Criminal history information for employment including volunteers and medical marijuana licensing or permitting purposes.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-4-scan.pdf

– Agenda Item #5: Waive the reading and adopt Resolution No. 2017-10 approving and supporting the development of United States Bicycle Route 66 and request Caltrans to officially designate the route designated by the American Association of State Highway and Transportation Officials and authorize the posting of signs within the City of Needles right-of-way identifying the route through the community.

Background: Mayor Paget requested this item be placed on the agenda for consideration. City staff was Contacted by Caltrans regarding a proposed bicycle route through Needles. Bicycle tourism is a growing industry in North America, contributing $47 billion a year to the economies of Communities that provide facilities for such tourists. The American Association of State Highway and Transportation Officials (AASHTO) has designated a corridor crossing California to be developed as United States Bicycle Route 66 (USBR 66). The Adventure Cycling Association and the California Bicycle Coalition, with the cooperation of Caltrans, have proposed a specific route to be designated as USBR 66 and the proposed route for comes through the City of Needles and can therefore provide benefits to our residents and businesses. City Staff has investigated the proposed route and found it to be a suitable route, and desire that the route be designated so that it can be mapped and signed, thereby promoting bicycle tourism in our area.

Fiscal Impact: N/A

Critical Timeline: N/A

Recommended Action: Resolution Number 2017-10 approving and supporting the development of United States Bicycle Route 66 and requests Caltrans to officially designate the route designated by the American Association of State Highway and Transportation Officials and authorize the posting of signs within the City of Needles right-of-way identifying the route through the community.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-5-bicycle.pdf

– Agenda Item #6: Staff Cellular Phone Policy (Information).

Background: For some time now the City of Needles has provided mobile telephones to some emergency response related employees to use for business use. The following employees have city issued cellphones;

1: Jerry Porter

2: Robert Benoit

3: Jim Willis

4: Jack Lindley

5: John Thomas

6: Justin Scott

7: Thomas DeLeon

8: Marc Richards

9: Dennis Callaway

10: Parks & Golf On-Call

11: Deanna Johnson

Sometimes the City business use only phone is used for personal calls. The complexity of tracking personal calls is difficult. The City is shifting to encouraging the employees to utilize their personal phone with the City providing a $50.00/month reimbursement for business use. The attached memorandum was distributed to employee with a company cellphone describing the changes.

Fiscal Impact: The City is currently paying an average of $459.49/month. Under the new policy the cost will be $550.00/month, an increase of approximately $90.51.

Recommended Action: No Action Needed – Information Only

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-6-phone.pdf

Members of the Needles City Council unanimously voted to approve agenda items: #2 – #4 and pull agenda items: #5 and #6 for discussion.

** Video from ZachNews on YouTube: **

After discussion of Agenda Item #5, Members of the Needles City Council unanimously voted to approve agenda items: #5.

** Video from ZachNews on YouTube: **

After discussion of Agenda Item #6, Members of the Needles City Council unanimously voted to approve agenda items: #6.

 

**** Regular Items: ****

– Agenda Item #7:

** Video from ZachNews on YouTube: **

Resolution No. 2017-7 authorizing the issuance of legislative subpoenas for certain documents relating to the reporting and collection of Transient Occupancy Taxes (TOT) from America’s Best Value Inn and River Road Resort.

  • Information Regarding Agenda Item #7:

ΤΟ: Mayor and Council Members

FROM: City Attorney

DATE: January 24, 2017

RE: City Council Consideration of Adopting Resolution Issuing Legislative

Subpoenas for Certain Records Related to the Collection of Transient Occupancy Tax

City Attorney’s Recommendation:

  1. Find and determine that the recitals set forth in Resolution No. 2017-7 are true and

correct and adopt the recitals as findings in support of the actions taken by the resolution.

  1. Issue a legislative subpoena to each of the hotel/motel operators discussed below

commanding them to appear and/or produce certified copies of records at the address, date, and time indicated in the subpoena.

Fiscal Impact: Ensuring compliance with the City of Needless (“City”) transient occupancy tax (“TOT) preserves important TOT revenue of the City.

Background: As the Council is aware, the City of Needles (“City’) Municipal Code requires every operator of a hotel, motel, trailer court, or any other commercial establishment furnishing lodging space for thirty (30) consecutive days or less in exchange for monetary compensation within the City to submit a report of its gross monthly receipts and pay a transient occupancy tax (“TOT”) often percent (10%) of its gross monthly receipts.

However, both America’s Best Value Inn and River Road Resort (the “Operators’) are delinquent in Submitting TOT reports and remitting ten percent of the gross monthly income to the City. Specifically, America’s Best Value Inn has failed to provide the City with both the required tax reports and the associated TOTs for the months of March 2016 through September 2016; River Road Resort has failed to provide the City with the required monthly tax reports for the years 2007 through 2016 and the associated TOTs for the current year (2016) as well as the following years: 2007, 2008, 2009, 2010, 2011, and 2012. The City has attempted multiple times to obtain the required tax reports from each Operator in order to determine the amount of TOTs due to the City. However, despite these efforts, the Operators have failed to produce required tax reports and remit past due TOTs. Without each Operator’s report of gross monthly receipts, the City cannot effectively enforce the City Municipal Code as it relates to the collection of TOTs, which provides necessary revenue for the City’s general fund.

The City Attorney is requesting that the City Council adopt a resolution authorizing the issuance of two (2) legislative subpoenas demanding that the Operators produce documents related to the rental of units. Upon issuance, the subpoenas will be served on designated officials of the Operators. The subpoenas require that the parties served either produce all of the subpoenaed documents to the City Manager by February 13, 2017, or at the regular City Council meeting on February 28, 2017. If the requested documents are delivered to the City Manager by February 13, 2017, the Operators officials need not appear at the City Council meeting on February 28, 2017.

Legal Authority for Legislative Subpoenas:

Statutory authority to issue legislative subpoenas is set forth in California Government Code sections 37104, et seq. Section 37104 provides as follows:

“The Legislative body may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it.”

A legislative subpoena may be issued pursuant to Section 37104 where:

(l) the subpoena is authorized by ordinance or similar enactment;

(2) the subpoena serves a valid legislative purpose; and

(3) the witnesses or materials subpoenaed are pertinent to the subject matter or the investigation.’

With respect to the first requirement listed above, the City Attorneys office has prepared a Resolution which is a sufficient “enactment’ authorizing issuance of legislative subpoenas. Please find the Resolution attached as Exhibit A.

As for the second requirement that the subpoenas serve a valid legislative purpose, California courts have held that the legislative subpoena power is broad. Specifically, legislative subpoenas issued by cities to inspect hotel records in connection with a transient occupancy tax audit have been upheld.” Generally, a legislative body may conduct investigations in order to assist its decision-making and enforcement regarding legislative or appropriate matters.

The third requirement above authorizes legislative subpoenas where the subpoenaed witnesses or documents are pertinent to the subject matter of the City’s investigation. In other Words, the documents must be “relevant and adequate, but not excessive, for the purposes of the relevant inquiry.” Here, the requested documents are tailored to assist the City in its lawfully authorized concern of carrying out the audit of two uncooperative taxpayers to determine compliance with the City’s transient occupancy tax ordinance.

Execution and Enforcement of Subpoenas:

Should the council decide to issue legislative subpoenas, the subpoenas must be signed by the Mayor and attested to by the City Clerk. Once issued, legislative subpoenas are served in the same manner as they are served in civil actions. If a subpoenaed person fails or refuses to comply with the subpoena, the matter may be referred to the Superior Court where the subpoenaed party may be subject to contempt proceedings.”

John O. Pinkney, Esq. Needles City Attorney

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-7-tot.pdf

Members of the Needles City Council unanimously voted to approve the documents to be true and correct.

Members of the Needles City Council then unanimously voted to approve the subpoenas.

 

– Agenda Item #8:

** Video from ZachNews on YouTube: **

Parking and Pedestrian Safety Evaluation Traffic Study by Charles Abbott Associates, Inc. regarding the red curbs on J Street between Bailey and Morris Street.

Recommendations presented from Traffic Study completed by Charles Abbott Associates, Inc. on November 11, 2016 regarding J Street between Bailey Ave & Morris Street Parking and Pedestrian Safety Evaluation (Red Curb).

Background: In 1959 the city council adopted Ordinance 323-NS which added to section 13-64 of the Needles City Code that there is to be no parking on both sides of J Street from Bailey Ave to a point 275 yards east thereof. On September 27, 2016 staff presented to City Council an item regarding the painting of curbs red on J Street between Bailey Ave & Morris Street. The recommendation was to move forward with a traffic study regarding the no parking zone on both sides of the street.

Staff hired Charles Abbott Associates, Inc. to conduct a traffic study. Included are recommendations from that study as to modify the existing traffic controls per Attachment A or consider modifying parking restrictions per Attachments B and C. Also attached is B/C should Council consider modifying both sides of J Street.

Fiscal Impact: Approximately $3,200.

Recommendation: MOVE to accept option A (Signage), B (Painting NORTHSIDE) or CURB, C (Painting SOUTHSIDE) CURB or none at all and direct staff to call for public hearings at the Planning Commission and City Council to consider another Ordinance.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-8-Jred.pdf

Members of the Needles City Council unanimously voted to approve Option B; less amount of red lines along street.

 

– Agenda Item #9:

** Video from ZachNews on YouTube: **

Traffic Study by Charles Abbott Associates, Inc. to consider traffic control signage for the Crosswalk on Leonard Owensby Dr (Civic Center Dr) near the Recreation Center.

Recommendations presented from Traffic Study completed by Charles Abbott Associates, Inc. on November 11, 2016 regarding Leonard Owensby Dr. (Civic Center) near the Recreation Center.

Background: Leonard Owensby Dr. (Civic Center Dr.) is approximately 38 feet wide and runs from “J Street on the north to its terminus approximately 470 feet south of “J” Street. Flip Mendez Parkway intersects on the east as do the driveways on the West from the Needles ReCreation Center and the entrance to the San Bernardino County Sheriff yard.

Staff hired Charles Abbott Associates, Inc. to conduct a traffic evaluation and recommendations to protect the heavy pedestrian use in this area with the community swimming pool & recreation facilities. Included are the recommendations to modify the existing traffic controls devices and added Signage.

Fiscal impact: Cost is estimated to be $850 to add signs per recommendation.

Recommendation: MOVE to accept recommended traffic control signage per traffic control evaluation on Leonard Owensby Dr. (Civic Center Dr.).

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-9-owensby.pdf

Members of the Needles City Council unanimously voted to approve the traffic control signage for the Crosswalk on Leonard Owensby Dr (Civic Center Dr) near the Recreation Center.

Needles City Manager Rick Daniels also mention that a light that was out in that area has been fixed and is turned back on.

 

– Agenda Item #10:

** Video from ZachNews on YouTube: **

Traffic Study by Charles Abbott Associates, Inc. to consider fabrication and installation of signs prohibiting large vehicles turning around in the cul-de-sac on Hospitality Lane.

Recommendations presented from Traffic Study completed by Charles Abbott Associates, Inc. on November 11, 2016 regarding Hospitality Lane with regards to signage and truck turnaround at cul-de-sac.

Background: Hospitality Lane consists of a Days Inn hotel on the east side and a Dollar General on the west side. Most of the traffic on Hospitality Lane is accessing these two destinations. Delivery trucks turning around at the Cul-de-sac are damaging the newly paved road.

Staff hired Charles Abbott Associates, Inc. to conduct a traffic study. Included are recommendations from that study to add signage discouraging its use and direct to an alternate exit route, as presented.

Fiscal impact: Cost is estimated to be $2,000 to replace and add signage per recommendation.

Recommendation: MOVE to accept recommended traffic control signage per traffic control evaluation for Hospitality Lane.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-10-hospitality.pdf

Some members of the Needles City Council raised concerns that not allowing trucks up Hospitality Lane may have a negative effect on the motel that operates on Hospitality Lane; Days Inn and Suites. 

Another concern that some members of the Needles City Council raised was how the traffic would be along Filip Mendez Parkway; a mostly dirt road, and if a crosswalk sign needs to be put there near the crosswalk area near located near Leonard Owensby Dr (Civic Center Dr) near the Recreation Center.

Members of the Needles City Council voted 4-2 to approve the fabrication and installation of signs prohibiting large vehicles turning around in the cul-de-sac on Hospitality Lane. Both Needles City Council Member Shawn Gudmundson and Needles City Council Member Louise Evans voted “No”.

 

– Agenda Item #11:

** Video from ZachNews on YouTube: **

Traffic Study by Charles Abbott Associates, Inc. to consider fabrication and installation of signs for high profile vehicles attempting to travel towards the North K Street railroad underpass.

Recommendations presented from Traffic Study completed by Charles Abbott Associates, Inc. on November 11, 2016 regarding North K Street with regards to signage of high profile vehicles attempting to travel towards the railroad underpass.

Background: Signage along North K Street towards the Railroad underpass is not very directive for detour of high profile vehicles along this route. With the road along the Railroad tracks closed, leaves the vehicle stranded and having to back up the North K street to Spruce Street in order to get turned around.

Staff hired Charles Abbott Associates, Inc. to conduct a traffic study. Included are recommendations from that study as to modify the existing traffic controls devices as presented.

Fiscal impact: Cost is estimated to be $3,000 to replace and add signage per recommendation.

Recommendation: MOVE to accept recommended traffic control signage per traffic control evaluation.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-11-K.pdf

During the discussion on this agenda item, suggestions were offer on what can be done to get motorist of semi trucks, R.V.s, and other tall vehicles that that the North K Street Underpass has a clearance of 8 feet and if you’re over that, you’re not going to get through. 

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** Pictures from ZachNews: **

Suggested ideas to look into included putting flashing warning lights before the underpass, reflectors dots on in the roadway so the motorists will be alerted when they drive over them, and signage on the new traffic signals being installed as part of the Interstate 40 / Arizona Highway 95 Connector Project.

A sign saying for truckers to point them to use West Broadway and Needles Highway; like a truck route.

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** Picture from ZachNews: **

There was also talk about the closed dirt road that runs along the Burlington Northern Santa Fe railroad tracks that has been closed for years by Burlington Northern Santa Fe because they said was due to complaints of dust kicking up as people drove along that dirt road. 

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** Picture from ZachNews: **

Since the closure of this dirt road by Burlington Northern Santa Fe, families wanting to go to their children’s baseball game at the Needles Little League Field, located at Ed Parry Park, had to use River Road then River Street to get around the dirt road closure. 

Members of the Needles City Council unanimously voted to table the agenda item for 2 Needles City Council meetings.

 

– Agenda Item #12:

** Video from ZachNews on YouTube: **

Authorize those council members interested in attending the Annual City / County Conference Scheduled for March-16-17, 2017 at the Lake Arrowhead Resort.

Background: The annual City/County Conference is scheduled for Thursday, March 16and Friday, March 17, 2017 at the Lake Arrowhead Resort. This conference is a good opportunity to network with other cities and various county representatives.

Fiscal impact: The cost for the conference registration is $175.00 plus $133.00 for the hotel plus travel expenses – Budgeted general fun.

Critical Timeline: The registration deadline is Tuesday, January 31, 2017.

Recommended Action: Motion to: Authorize ____________ to attend the 2017 City/County Conference scheduled for March 16-17, 2017 in Lake Arrowhead.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%202/cc_012417-12-conference.pdf

Members of the Needles City Council unanimously voted to Needles Mayor Edward T. Paget M.D. and Needles Vice City Mayor Jeff Williams to attend the Annual City / County Conference.

 

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

** Video from ZachNews on YouTube: **

Needles City Attorney John Pinkney talked about….

 

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

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about….

 

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

– Needles City Council Member Shawn Gudmundson:

** Video from ZachNews on YouTube: **

Needles City Council Member Shawn Gudmundson talked about thanked everybody who reached out to the City of Needles regarding Highway 95 and informed the public that they are going to address the issue as soon as we can.

Needles City Council Member Shawn Gudmundson then talked about the billboard ordinance in the City of Needles and some issues that need to be address.

 

– Needles City Council Member Louise Evans:

** Video from ZachNews on YouTube: **

Needles City Council Member Louise Evans talked about….

 

– Needles City Council Member Clayton Hazlewood:

** Video from ZachNews on YouTube: **

Needles City Council Member Clayton Hazlewood talked about….

 

– Needles Vice City Mayor Jeff Williams:

** Video from ZachNews on YouTube: **

Needles Vice City Mayor Jeff Williams talked about what happened at the Mojave Desert Air Quality Management District Meeting held on Monday, January 23rd, 2017 in Victorville, California. 

During the Mojave Desert Air Quality Management District Meeting, Jeff Williams was voted Vice Chairman of the District; meaning that Needles, California will have a Vice Chair for 2017 and 2018. 

 

– Needles City Council Member Tona Belt:

** Video from ZachNews on YouTube: **

Needles City Council Member Tona Belt talked about….

 

– Needles City Council Member Robert Richardson, M.D.:

** Video from ZachNews on YouTube: **

Needles City Council Member Robert Richardson, M.D. thanked the San Bernardino County Sheriff’s Department for keeping the community safe and thanked City Employees for their hard work they do for the community.  

 

– Needles Mayor Edward T. Paget M.D.:

** Video from ZachNews on YouTube: **

Needles Mayor Edward T. Paget talked about….

 

**** After the Needles City Council and Successor Agency to the Redevelopment Agency Meeting: ****

** Video from ZachNews on YouTube: **

ZachNews Photojournalist Zachary A. Lopez asked Needles City Manager Rick Daniels several questions regarding Highway 95 concerns by residents, truck traffic heading to the North K Street Underpass, and the closed dirt road between the North K Street Underpass and the old Railroad Crossing.

 

**** 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/01%20JANUARY/Mtg%202/cc_012417-agendaLINKED.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.

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, January 10th, 2017 inside the Needles City Council Chambers in Needles, California.

Needles City Council Member Robert Richardson M.D. participated via teleconference from Victorville, California.

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

**** Executive Session: ****

** Video from ZachNews on YouTube: **

– Agenda Item A: Conference with legal counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1) – One Case: Esposito & Scappino v. City of Needles et al. Case Number CVDS 1402665.

– Agenda Item B: Conference with Legal Counsel – Consideration of initiating potential litigation pursuant to Government Code Section 54956.9(d)(4) (2 potential cases).

 

**** Executive Session Report: ****

** Video from ZachNews on YouTube: **

– Regarding Agenda Item A:

Needles City Attorney John Pinkney said there was no reportable action taken on this agenda item.

– Regarding Agenda Item B:

Needles City Attorney John Pinkney said there was no reportable action taken on this agenda item.

 

**** Public Appearances: ****

– Public Appearance #1:

** Video from ZachNews on YouTube: **

– Suzanne Shepherd:

 

– Public Appearance #2:

** Video from ZachNews on YouTube: **

– Barbara Beard:

Barbara Beard requested that as new businesses come into the downtown area – as a condition of their C.U.P. (Conditional Use Permit),  that they would be require to add to or modify the outside of their property to apply with the new General Plan design; coming soon.

Barbara Beard then talked about city design under the new General Plan, and showed a picture presentation showing examples of what kind of design the community can have for the downtown area.

– Public Appearance #3:

** Video from ZachNews on YouTube: **

– San Bernardino County Fire Department Thomas Marshall:

Thomas Marshall updated everybody about their community clean up project using inmates and was to start on Tuesday, January 10th, 2017, but due to water issues inside the San Bernardino County Sheriff’s Department’s Colorado River Station Jail; where they were going to housed the inmates overnight, the project is being reschedule from Tuesday, January 24th, 2017 to Thursday, January 26th, 2017. Mark Richards from the Department of Public Works is working with us in this project and is doing a great job with us. 

 

**** Interviews: ****

** Video from ZachNews on YouTube: **

– Agenda Item #1: Interview(s) to be held and possible appointment(s) made to fill vacancies on various Boards and Commissions.

Background: Per council direction the City Clerk posted and published all vacancies in the Needles Desert Star.

Interviews have been scheduled with the following applicants to date:

Board of Public Utilities: Stephen Moffitt has reapplied; new applicant Tom Darcy

Planning Commission: Linda Kidd has reapplied

Park and Recreation Commission: Bill Darrow, Gabriela Belt and Norma Jean Williams have reapplied, new applicant Adrian Chavez

Cemetery Advisory Commission: new applicant; Robbyn Dundon
and Jacqueline Lykins and Sharon Hartley have reapplied for tenant

Critical Timeline:

Fiscal Impact: None

Recommendation:

Move to (re)appoint to the Board of Public Utilities ____________ and ____________ with terms to expire December 31, 2020.

Move to (re)appoint to the Planning Commission ____________ with a term to expire December 31, 2020.

Move to (re)appoint to the Recreation and Park Commission ____________ and ____________ with terms to expire December 31, 2020.

Move to appoint to the Cemetery Advisory Commission ____________ with a term to expire December 31, 2018 or December 31, 2020.

Move to (re)appoint to the Housing Authority At-Large vacancy ____________ and ____________ with terms to expire December 31, 2020 and appoint ____________ to the Tenant vacancy with a term to expire December 31, 2018.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-1-interviews.pdf

After questions to the people wanting to fill the vacant seats on the boards and commissions, members of the Needles City Council voted on who would be on those boards and commissions.

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** Picture from ZachNews: **

Members of the Needles City Council voted 5-1 to appointed Steve Moffitt and Tom Darcy to the Board of Public Utilities. Needles City Council Member Louise Evans voted “No”.

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** Picture from ZachNews: **

Members of the Needles City Council voted unanimously voted to appointed Linda Kidd to the Planning Commission.

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** Picture from ZachNews: **

Members of the Needles City Council voted 5-1 to appointed Scott Phillips, Adrian Chavez and Gabriela Belt to the Recreation and Park Commission. Needles City Council Member Tona Belt voted “No”.

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** Picture from ZachNews: **

Members of the Needles City Council voted unanimously voted to appointed Robbyn Dundon to the Cemetery Advisory Commission.

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** Picture from ZachNews: **

Members of the Needles City Council voted unanimously voted to appointed Robbyn Dundon and Norma Jean Williams to the Housing Authority as well as Jacqueline Lykins and Sharon Hartley for tenant terms on the Housing Authority.

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** Pictures from ZachNews: **

While interviews where being held for Recreation and Park Commission, a man seating in the back of the Needles City Council Chambers was being disruptive.

The man was asked repeatedly to stop being disruptive, but kept speaking in a slurring way, not happy of what he was hearing from the people speaking.

When the man got more disruptive talk, deputies from the San Bernardino County Sheriff’s Department escorted the man out of the Needles City Council Chambers.

**** Needles Public Utility Authority / 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 Public Utility Authority / Needles City Council may pull an item from the Consent Calendar for discussion. Prior to Needles Public Utility Authority / Needles City Council action, a member of the public may address the Needles Public Utility Authority / Needles City Council on matters Scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve items #2 through #3 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #2: Needles Public Utility Authority: Approve the minutes of the regular meetings of October 25 and November 8, 2016.

– Agenda Item #3: Needles Public Utility Authority / Needles City Council: Appropriate an additional $55,000 bond payment for the completion of the bond sale.

Background: On December 13, 2016, City Council and the NPUA gave authorization to the City’s Finance Team and financial advisors to proceed with the refunding/refunding of the 1997 NPUA bonds and the 1998 Certificates of Participation bonds. At that time the savings over the next 16 years would be $4.7M.

Based upon the attached memo from the financial advisor, the savings can be increased to $6.1 M with an additional payment of $453,625 in February 2017 or a $5.9M savings with an additional payment of $55,000. It is the opinion of the City Manager and Finance Director that the payment of $453,625 is too stressful to the short term cash flow of the NPUA, and we have instructed the financial advisor to lock in the $5.9M in interest savings with an additional payment of $55,000. This action was taken after consultation with Utility Board and City Council leadership. This agenda item affirms that action.

Both NPUA and C.O.P.S bonds will be refunded, and refinanced at a lower interest rate (approx.4%), with payments due in the same amounts for a shorter period of time.

Fiscal Impact: Overall savings increase from $4.7M to $5.9M.

Recommendation: Appropriate additional $55,000 for the completion of the bond sale.

** Agenda Packet (Agenda Item #3): **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-3-bond.pdf

Members of the Needles Public Utility Authority voted 4-2 to approve agenda item: #2: Approve minutes of regular meetings of Oct. 25 and Nov. 8, 2016. Needles City Council Member Tona Belt and Needles City Council Member Clayton Hazlewood both “Abstain” from voting.

But, because of some confusion over if the Needles Public Utility Authority / Needles City Council Consent Calendar was approved or not due to the “Abstain”, members of the Needles Public Utility Authority got to hear Agenda Item #3 then afterwards, voted again on Agenda Item #3.

Members of the Needles Public Utility Authority again unanimously voted to approve agenda item: #3: Appropriate additional $55,000 bond payment for completion of bond sale.

 

– Agenda Item #4:

** Video from ZachNews on YouTube: **

Needles Public Utility Authority Action: Resolution Number 1-10-2017-NPUA reducing the equivalent dwelling unit (EDU) for the wastewater religious organizations customer class.

Needles City Council Action: Resolution Number 2017-1 reducing the equivalent dwelling unit (EDU) for the Wastewater religious organizations Customer class.

Background: As directed, staff engaged EES Consulting to analyze the rates and EDU structure for the religious organizations in context with all other user categories. EES concluded that the original EDU consultant overestimated the effluent generation of the churches and proposed a new EDU of 0.0227 instead of 0.03 based upon flow and revenue analysis and based on a per seat basis. This recommendation was accepted by the Board of Public Utilities as per their adoption of Resolution No. 1-3-17 BPU which implemented the reduced EDU of 0.0227 based on a per seat basis and further provided for a credit for any overcharges back to the initial effective date of the new wastewater rates (June 1, 2016).

Fiscal impact: A loss in revenue to the wastewater utility.

Recommendation: Adopt Resolution No. 1-10-2017-NPUA reducing the equivalent dwelling unit (EDU) for the wastewater religious Organizations customer class. Adopt Resolution No. 2017-1 reducing the equivalent dwelling unit (EDU) for the wastewater religious organizations customer class.

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-4-churches.pdf

Members of the Needles Public Utility Authority unanimously voted to Resolution Number 1-10-2017-NPUA.

Members of the Needles City Council unanimously voted to Resolution Number 2017-1.

 

**** 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 #5 through #7 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #5: Approve the warrants register through January 10, 2017.

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-5-warrants.pdf

– Agenda Item #6: Approve the minutes of the regular meetings of October 25 and November 8, 2016.

– Agenda Item #7: Ordinance Number 588-AC amending sections of Ordinance 576-AC, Chapter 12A of the Needles Municipal Code; and amending Section 96.01 of the Needles Zoning Code related to the distribution and transportation of marijuana (2nd reading – publish).

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

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-7-marijuana.pdf

Members of the Needles City Council unanimously voted to approve agenda item: #5: 

Members of the Needles City Council voted 4-2 to approve agenda items: #6. Needles City Council Member Tona Belt and Needles City Council Member Clayton Hazlewood both “Abstain” from voting on agenda item: #6.

Members of the Needles City Council unanimously voted to approve agenda item: #7: Ordinance Number 588-AC.

 

**** Regular Items: ****

– Agenda Item #8:

** Video from ZachNews on YouTube: **

Accept the bid from Rutt Fence Company in the amount of $54,910 and authorize the city manager to use surplus property sales funds in the amount of $65,880, estimated project cost, for the Public Works Yard Improvements and authorize staff to issue a Notice of Award and Notice to Proceed.

Background: At the City Council meeting August 9, 2016 an item for Public Works Yard Improvements was approved to use restricted fund from the surplus property sales to replace the old dilapidated fence with new privacy fencing. This project was added to the Bush Street Sub Station Fencing as an alternate item.

An invitation to bid was published in the Mohave Daily News on 08/25/2016, and also published in the Needles Star on 08/24/2016 Bid opening was 09/14/2016. We received in response to the advertisement (2) two bids: Coldwater Fence in the amount of $76,377.25 and a bid from Rutt Fence in the amount of $63,863.00.

Recommendation from City Council on October 10, 2016 was for the use of the restricted funds from the surplus property sales of approximately $40,000 based on inquiries with negotiation to take place to reduce the scope to fit the project estimate. No negotiations would reduce the amount so staff chose to put this out to bid again with scope changes seeking bids closer to the informal estimates for this project.

On 11/15/2016 an invitation to bid was published in the Mohave Daily News and on 11/16/2016, it was published in the Needles Desert Star, with a bid opening of December 1, 2016. We received in response to the advertisement (3) three bids:

1) Coldwater Fence $57,318.00

2) Fence Corp $78,682.00

3) Rutt Fence $54,910.00

Fiscal impact: This City Council approved the use of the restricted fund from the surplus property sales of approximately $40,000 based on informal inquiries by the Public Works Director. With new bidding results the estimated project costs are $65,880.

$1,817: Bid Prep and Design

$54,910: Construction 

$3,164: Quality Assurance / Control

$5,989: Contingency

$65,880: Estimated Project Costs

Recommendation: Accept the bid from Rutt Fence Co. in the amount of $54,910 and authorize the City Manager to use surplus property sales in the amount of $65,880 estimated project cost for the Public Works Yard improvements and authorize the staff to issue a Notice of Award and Notice to Proceed.

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-8-fence.pdf

Members of the Needles City Council voted 4-2 to accept $54,910 bid from Rutt Fence Co. from Winchester, California, authorize the city manager to use $65,880 in surplus property sales funds to complete fencing replacement at the Needles Public Works Yard, and authorize staff to issue a notice of award and notice to proceed. Needles City Council Member Louise Evans and Needles Vice Mayor Jeff Williams both voted “No”. 

 

– Agenda Item #9:

** Video from ZachNews on YouTube: **

Discussion regarding the red curbs on J Street between Bailey and Morris Street parking and pedestrian safety evaluation.

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** Pictures from ZachNews: **

Background: In 1959 the city council adopted Ordinance 323-NS which added to section 13-64 of the Needles City Code that there is to be no parking on both sides of J Street from Bailey Ave to a point 275 yards east thereof.

On September 27, 2016 staff presented to City Council an item regarding the painting of Curbs red on J Street between Bailey Ave & Morris Street.

The recommendation was to move forward with a traffic study regarding the no parking zone on both sides of the street.

Staff hired Charles Abbott Associates, Inc. to conduct a traffic study. Included are recommendations from that study as to modify the existing traffic controls per Attachment A or consider modifying parking restrictions per Attachments B and C.

Fiscal Impact: Options presented in Traffic Study.

Recommendation: Move to accept option A, B, C or none at all and direct staff to call for public hearings at the Planning Commission and City Council to consider another Ordinance.

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-9-curb.pdf

Members of the Needles City Council unanimously voted to table the agenda item pending clarification. 

 

– Agenda Item #10:

** Video from ZachNews on YouTube: **

Resolution Number 2017-2 appointing Council Members as primary and alternate representatives to the Mojave Desert Air Quality Management District (M.D.A.Q.M.D.).

Background: Stretched out over almost 20,000 square miles of California’s vast desert expanse, the MDAQMD is geographically the second largest of the state’s 35 air districts.

As the air pollution control agency for San Bernardino County’s High Desert and Riverside County’s Palo Verde Valley, the MDAQMD has primary responsibility for Controlling emissions from stationary sources of air pollution, which can include equipment located at cement facilities, power plants or the corner gas station.

There are over 1,000 such businesses operating under MDAQMD permits.

The District implements air quality programs required by State and Federal mandates and enforces rules and regulations based on air pollution law.

The MDAQMD is committed to protecting the air breathed by more than 500,000 residents living within its boundaries while supporting strong and sustainable economic growth.

This is accomplished through a comprehensive and common-sense program of planning, regulation, Compliance assistance, enforcement, monitoring, and public education.

The meetings are held monthly on the fourth Monday at 10 a.m. in Victorville. The city’s representative will receive $100 stipend per meeting attended plus mileage per the IRS current rate, in addition to hotel accommodations if requested.

The MDAQMD has provided the City with the ability to attend the meetings via teleconference.

Members of the Board must be elected officials and currently Vice Mayor Williams is our representative and Councilmember Evans is the alternate and both have indicated that they would like to continue to represent the City.

Fiscal Impact: No direct cost to the city as MDAQMD pays mileage and stipend.

Environmental Impact: N/A

Recommended Action: I move to adopt Resolution 2017-2 appointing ____________ as primary representative and ____________ as the alternate to the Mojave Desert Air Quality Management District (MDAQMD).

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-10-mdaqmd.pdf

Members of the Needles City Council unanimously voted to appoint Needles Vice Mayor Jeff Williams as primary and Needles City Council Member Louise Evans as alternate representative to the Mojave Desert Air Quality Management District.

 

– Agenda Item #11:

** Video from ZachNews on YouTube: **

Resolution Number 2017-3 appointing Council Members as delegate and alternate to the Southern California Association of Governments (S.C.A.G.).

Background: Mayor Paget currently serves as the delegate and Vice Mayor Williams as the alternate. SCAG holds an annual General Assembly every May and in Order to attend the City Council must appoint a delegate and an alternate. This year the assembly will be held May 4 and 5 in Desert Springs.

SCAG’s mission is to facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians.

As the designated Metropolitan Planning Organization, the Association of Governments is mandated by federal and state law to research and draw up plans for transportation, growth management, hazardous waste management, and air quality.

Mayor Paget and Vice Mayor Williams have expressed interest in continuing on this Board.

Fiscal Impact: SCAG provides to the delegate a one night hotel stay, city to reimburse for mileage.

Critical Timeline:

Recommended Action: I move to adopt Resolution No. 2017-3 appointing ____________ as the delegate and ____________ as the
alternate to represent the City of Needles at the Southern California Association of Governments.

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-11-scag.pdf

Members of the Needles City Council unanimously voted to appoint Needles Mayor Edward T. Paget M.D. as primary and Needles Vice Mayor Jeff Williams as alternate to the Southern California Association of Governments.

 

– Agenda Item #12:

** Video from ZachNews on YouTube: **

Resolution Number 2017-4 appointing a Director and alternates to the California Joint Powers
Insurance Authority (C.J.P.I.A.).

Background: The City is a member of the CJPIA who handles risk
management, claims against the city, etc.

For our city to be eligible to vote on items placed before the California Joint Powers insurance Authority (CJPIA) and in accordance with the Joint Powers Agreement, the City Council needs to appoint a representative and alternate. This representative would be provided the monthly meeting agendas and would attend the annual Board of Directors meeting held in La Palma July 19, 2017.

The Board member must be an elected official; the alternate can be city staff. Councilmember Frazier was the Director and Mayor Paget and City Manager Daniels are the Current alternates and both have expressed interest to continue representing the City.

Fiscal Impact: There is a $100.00 stipend plus travel reimbursement.

Environmental Impact: N/A

Recommended Action: I move to waive the reading and adopt resolution Number 2017-4 appointing ____________ as the City of Needles Director and ____________ as alternates to the California Joint Powers Insurance Authority (CJPIA).

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-12-cjpia.pdf

Members of the Needles City Council unanimously voted to appoint Needles City Council Member Tona Belt as director; Needles Mayor Edward T. Paget M.D. and Needles City Manager Rick Daniels as alternates to the California Joint Powers Insurance Authority.

 

– Agenda Item #13:

** Video from ZachNews on YouTube: **

Resolution Number 2017-5 appointing a representative and alternate to San Bernardino Associated Governments (S.A.N.B.A.G.).

Background: The City is a member of the CJPIA who handles risk management, claims against the city, etc.

For our city to be eligible to vote on items placed before the California Joint Powers insurance Authority (CJPIA) and in accordance with the Joint Powers Agreement, the City Council needs to appoint a representative and alternate.

This representative would be provided the monthly meeting agendas and would attend the annual Board of Directors meeting held in La Palma July 19, 2017.

The Board member must be an elected official; the alternate can be city staff. Councilmember Frazier was the Director and Mayor Paget and City Manager Daniels are the Current alternates and both have expressed interest to continue representing the City.

Fiscal Impact: There is a $100.00 stipend plus travel reimbursement.

Environmental Impact: N/A

Recommended Action: I move to waive the reading and adopt resolution Number 2017-4 appointing ____________ as the City of Needles Director and ____________ as alternates to the California Joint POWers Insurance Authority (CJPIA).

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-13-sanbag.pdf

Members of the Needles City Council unanimously voted to appoint Needles Mayor Edward T. Paget M.D. as representative and Needles Vice Mayor Jeff Williams as alternate to San Bernardino Associated Governments, now to be known as the San Bernardino County Transportation Authority.

 

– Agenda Item #14:

** Video from ZachNews on YouTube: **

Resolution Number 2017-6 appointing a primary and alternate representative to the Mojave Desert & Mountain Integrated Waste Joint Powers Authority Board who will also serve on the Solid Waste Advisory Task-Force (S.W.A.T.).

Background: Mojave Desert and Mountain Recycling Authority (the JPA) is a joint powers authority organized under California Government Code Section 6500.

The JPA shares the common powers of its nine members to plan for and implement elements of an Integrated Waste Management Plan within all or any part of its respective boundaries, including solid waste disposal, Composting and recycling facilities, and waste diversion programs deemed necessary to meet state law.

JPA facilities and programs may include: solid-waste transfer facilities, household hazardous waste management, composting facilities, materials collection, marketing and market development, public education, conversion technologies, and material recovery facilities.

As required by the California Integrated Waste Management Act, the Solid Waste Advisory TaskForce (SWAT) of San Bernardino County will carry out the responsibilities mandated by the State of California through AB 939.

SWAT may also consider and make recommendations to the County On Such other Solid waste related matters as they may deem appropriate. In addition to the SWAT itself, it currently has three committees; Technical, Strategic Planning and Membership.

The SWAT and the Technical Committee meets twice annually on the third Wednesday in April and October at 1:30 p.m. in Highland (there is no stipend).

The Strategic Planning and Membership Committees meet on an as-needed basis.

The Mojave Desert & Mountain Recycling Authority meets the second Thursday at 10:00 a.m. in Victorville in February, May, August and November.

The city’s representative will receive $75 stipend per meeting attended plus mileage.

The delegate must be an elected official and due to the November 8, 2016 Election there is a vacancy.

Fiscal Impact: N/A

Recommended Action: I move to waive the reading and adopt Resolution No. 2017-6 appointing ____________ as the primary and ____________ as the alternate to the Mojave Desert & Mountain Integrated Waste Joint Powers Authority Board who will also serve as the delegate and alternate to the Solid Waste Advisory Task-Force (SWAT).

** Agenda Packet: **

http://cityofneedles.com/2017%20WEBSITE%20FILE%20POSTING/1%20CITY%20COUNCIL/01%20JANUARY/Mtg%201/cc_011017-14-mojavedesertJPA.pdf

Members of the Needles City Council unanimously voted to appoint Needles City Council Member Louise Evans as primary and Tom Darcy as alternate representative to the Mojave Desert and Mountain Integrated Waste Joint Powers Authority Board and the Solid Waste Advisory Task Force.

 

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

** Video from ZachNews on YouTube: **

Needles City Attorney John Pinkney talked about new members to receive A.B. 1234; public officials are required to attend ethics training, every few years, and a number of people are up for their training. Next month (February 2017), we’ll be providing that training.

The training is available online at the California’s F.P.P.C. (Fair Political Practices Commission) website at:

http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics-training.html

Needles City Attorney John Pinkney also talked about what we’ve been working on for the City of Needles, including: 

  • Attending Needles City Council Meetings and Needles Public Utility Authority Meetings as needed or requested at Needles Planning Commission Meetings.
  • Drafted a reimbursement agreement related to a propose electric facilities upgrades and improvements; we represented the City of Needles in connection with Code Enforcement issues.
  • Recently represented the City of Needles in court hearings related to a temporary restraining order and a preliminary injunction that was issued in favor of the City of Needles.
  • Drafted a land donation agreement related to the former Overland Hotel.
  • Assisted City of Needles Staff with pursuing T.O.T. (Transient Occupancy Tax) Reports from delinquent motels operators and prepared a demand letter for payment of T.O.T.’s (Transient Occupancy Tax) fees owned by 2 motel operators in Needles, California. 
  • Represented the City of Needles in efforts to collect from a particular company; a medical marijuana business taxes that were owned and that included a hearing on the matter recently.
  • Assisted the City of Needles in connection with a cell tower lease issues.
  • Advised the City of Needles on labor employment issues as needed.
  • Assisted the City of Needles in connection with a cell tower lease issues.
  • Assisted the City of Needles Staff on some questions related to workman’s comp and CalPERS.
  • Assisted the City of Needles in connection with a license agreement for the use of the El Garces.
  • Our staff spent significant amount time on preparing a staff report and amendment marijuana ordinance; medical marijuana ordinance to permit for distribution and transportation facilities and the other change that was made was we changed some of the language to the geographic distance, that we discussed tonight. We also added language that requires anybody who’s on the facility promises to have identification bag that’s issued by the City of Needles.
  • Assisted the City of Needles with background checks as required as part of the Medical Marijuana Business Regulatory Permitting Process.
  • Represented the Needles finance authority, as council, in connection with the recent N.P.U.A. (Needles Public Utility Authority) bond refunding. 
  • Assisted the City of Needles Staff in responding to Public Records Acts request. 
  • Represented the City of Needles and the Successor Agency to the Redevelopment Agency (S.A.R.D.A.) in connection with the sale of a former Redevelopment Agency property and assisting in seeking the Department of Finance approval regarding uses of the sales of proceeds. 
  • Prepared recently a form deployment agreement for potential use of medical marijuana business projects as requested by the Needles City Manager Rick Daniels. 
  • Advised the City of Needles in connection with a public bidding contract being questioned.
  • Advised the City of Needles on Brown Act questions as they arose.
  • Advised the City of Needles on N.P.U.A. (Needles Public Utility Authority) rate setting questions.
  • Assisted with Miss Sallis on rapping up the sale of the real property for the hospital (Colorado River Medical Center), which finally closed.
  • Advised the City of Needles in connection with litigation; pending litigation matters. 

 

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

** Video from ZachNews on YouTube: **

Needles City Manager Rick Daniels talked about lease matters regarding funding and the new baseball field; known as the Needles Little League Field at Ed Perry Park; and the Bush Street Substation being under construction.

Needles City Manager Rick Daniels then gave good news about the Flit Mendez Golf Tournament.

Needles City Manager Rick Daniels said that thanks to the hard work of Bill Darrel and Dave Hiltabidel, New Golf Pro at River’s Edge Golf Course, the Flit Mendez Golf Tournament is returning back to Needles, California after being played last year elsewhere.

Needles City Manager Rick Daniels then said that he will be meeting on Wednesday, January 11th, 2017 with a second golf tournament to bring back that involving 150 players.

 

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

– Needles City Council Member Shawn Gudmundson:

** Video from ZachNews on YouTube: **

Needles City Council Member Shawn Gudmundson talked about the new appointed members of the Mojave Desert and Mountain Integrated Waste Joint Powers Authority Board and the Solid Waste Advisory Task Force; wanting to see if we can makes some connections, and that we need a new recycling center here in Needles, California; rub some elbows and speak to some people to see if anybody is interested.

Needles City Council Member Shawn Gudmundson then talked about cleaning the City’s part of the community, and addressed a problem in front of the City’s Public Work’s Yard.

Needles City Council Member Shawn Gudmundson tells ZachNews that he was talking about the closed business on Broadway across Cibola Street from 105 Broadway.

Needles City Council Member Shawn Gudmundson ended by talking about a long time former employee of the City of Needles, a about a year ago who passed away, who helped all of us in keeping the electricity. What a prefect time for as the City builds a new Bush Street Station, to honor William (Bill) Yoney by naming the substation after him. A couple of the utility employees came up to Shawn Gudmundson with the idea of naming the substation after William (Bill) Yoney and I agreed with them on naming the substation. 

Needles City Council Member Shawn Gudmundson tells ZachNews that William (Bill) Yoney was a lineman for the City of Needles’ Power Department.

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** Picture from ZachNews: **

The new Bush Street Substation is located along the 800 block of Bush Street, near a flood control channel, in Needles, California.

 

– Needles City Council Member Clayton Hazlewood:

** Video from ZachNews on YouTube: **

Needles City Council Member Clayton Hazlewood didn’t have anything to say right at that moment. 

 

– Needles City Council Member Tona Belt:

** Video from ZachNews on YouTube: **

Needles City Council Member Tona Belt talked about a light that is out and asked for the crosswalk near the Needles Recreation Center to be repainted because you can barely can see it.

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** Pictures from ZachNews: **

The crosswalk lines go across Civic Center Drive from the Needles Recreation Center to the Dance Trax 51 Studios and children use the crosswalk.

 

– Needles City Council Member Robert Richardson, M.D.:

** Video from ZachNews on YouTube: **

Needles City Council Member Robert Richardson, M.D. thanked the San Bernardino County Sheriff’s Department for keeping the community safe and thanked City Employees for their hard work they do for the community.  

 

– Needles City Council Member Clayton Hazlewood 2:

** Video from ZachNews on YouTube: **

Needles City Council Member Clayton Hazlewood talked about an issue, brought to his attention by several residents, regarding the absences of Needles City Council Member Robert Richardson, M.D., how many, and what we’re going to do about the situation with him always being absent from the Needles City Council Meetings with everything going on in the City of Needles. They (residents) feel that it’s important to have somebody living here full time and being on the council. The issue has been brought up to him several times.

Needles City Council Member Robert Richardson, M.D. responded saying, “I don’t disagree with what…. because of all…. All I can say is that I have resigned from my preposition here in Victorville, and that I have the opportunity to come back to Needles in the next couple of months. So if they can indulge a few more meetings, I may not be absent.

Needles City Council Member Clayton Hazlewood responded by saying, “Well that’s good to hear; it’s tough to say – it was just brought to my attention so…. that’s why I work for; the people of this city so I figured I would just say.”

Needles City Attorney John Pinkney then spoke about the Brown Act and what it allows a council member to do and how the meetings are notice then how we would otherwise. Needles City Council Member Robert Richardson, M.D. has been attending meetings by phone.

Needles City Attorney John Pinkney said that whether if he lives here or not is another issue, but my understanding is he dose (live in Needles) and works out of town.

Needles City Attorney John Pinkney then said to accommodate his work situation, the meetings is set by phone, but it’s not prohibited for they to attend by phone. 

 

– Needles Mayor Edward T. Paget M.D.:

Video Coming Soon.

** Video from ZachNews on YouTube: **

Needles Mayor Edward T. Paget M.D. talked about a funeral service coming up. 

 

– Needles City Attorney John Pinkney:

Video Coming Soon.

** Video from ZachNews on YouTube: **

Needles City Attorney John Pinkney wanted to remind all of the newly appointed members about the Brown Act rules. 

**** You can view the full Needles City Council, Needles Public Utility Authority, 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/01%20JANUARY/Mtg%201/cc_npua_011017-agenda-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.