Needles, CA: Needles City Council and Needles Public Utility Authority Meeting on Tuesday.

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Needles, CA: Needles City Council and Needles Public Utility Authority Meeting on Tuesday.

A Needles City Council and Needles Public Utility Authority Meeting will be held on Tuesday, May 10th, 2016 inside the Needles City Council Chambers located off the J Street, next to the San Bernardino County Sheriff’s Department’s Colorado River Station sign and flag pole, at the Needles Civic Center located at 1111 Bailey Avenue in Needles, California.

Parking is located around the Needles Civic Center just off of J Street near the Needles Recreation Center or just off of Bailey Avenue near the San Bernardino County Needles Branch Library building.

The Needles City Council and Needles Public Utility Authority Meeting will start at 6:00pm PT with Executive Session starting at 5:30pm PT.

** Here is some additional information from the City of Needles on some of the agenda items to be discussed and possibly voted on during the Needles City Council and Needles Public Utility Authority Meeting: **

**** Executive Session Agenda Items: ****

– Agenda Item #A: Conference with Legal Counsel — Anticipated Litigation: Consideration of initiating litigation pursuant to Government Code Section 54956.9(d)(4) (three potential Cases: City of Needles v. Andrea Smith; City of Needles v. Cat Smith; City of Needles v. Andrea Smith).

**** Public Hearing Agenda Items: ****

– Agenda Item #1: A public hearing is called to consider all evidence and testimony for or against a Zone Change of APNs 0660-081-01 through 04; 0660-081-08 through 15, O660-081-28; 0660091-04 from Commercial Resort Residential (CRR) to C-3 Highway Commercial (located in the vicinity of Needles Highway and Balboa Street) has been continued to the regular meeting of the City Council to be held on June 14, 2016.

(Action Needed Agenda Item)

**** Agenda Item #1: Information from the City of Needles: ****

Title:

Zone Change for Parcels APN 0660-081-01 through 04; 0660-081-08 through 15, O660-081-28; 0660-091-04 From Commercial Resort Residential to C-3 Highway Commercial

Background:

The public hearing for the Zone Change and General Plan Amendment will be continued to the June 1, 2016 Planning Commission meeting, and if a recommendation is made by the Planning Commission to approve, then the matters will go before the City Council at the June 7, 2016 meeting.

Fiscal Impact:

N/A

Environmental Impact:

N/A

Recommended Action: 

None – Information Only

Submitted By:

Dan Williams, Building Official

– Agenda Item #2: A public hearing is called to consider all evidence and testimony for or against a Zone Change of APNs 0650–391-23 through 0650–391-25, from Open Space to M-1, Light Manufacturing (located east of East Broadway and south of the Towne Center Shopping Center has been continued to the regular meeting of the City Council to be held on June 14, 2016.

(Action Needed Agenda Item)

**** Agenda Item #2: Information from the City of Needles: ****

Title:

Zone Change for Parcels APN 0650–391-23 through 25 And Conditional Use Permit for a Medical Marijuana Cultivation Facility 1 lce House Road, Needles, CA.

Background:

The public hearing scheduled for the May 4, 2016 Planning Commission Meeting for the Conditional Use Permit, will be opened and public testimony taken, and then continued to the June 1, 2016 Planning Commission Meeting. If the Planning Commission makes a recommendation to approve the Conditional Use Permit at the June 1, 2016 meeting, the item will be on the June 7″ City Council Meeting agenda.

The public hearing for the Change of Zone will be continued to the June 1, 2016 Planning Commission meeting, and if a recommendation is made by the Planning Commission to approve the change of zone, the matter will go before the City Council at the June 7, 2016 meeting.

Fiscal Impact:

Revenue from the sales tax received from the business.

Environmental Impact:

N/A

Recommended Action: 

None – Information Only.

Submitted By:

Dan Williams, Building Official

 

**** Recess Needles City Council and convene a joint meeting with the Needles Public Utility Authority: ****

** Consent Calendar Agenda Items: **

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

– Agenda Item #3: Approve the NPUA minutes of April 28, May 26, June 9, June 23, July 14, September 8, October 13, November 10 and December 8, 2015.

– Agenda Item #4: Needles Public Utility Authority Action: Waive the reading and approve Resolution Number 05-10-2016-NPUA authorizing the transfers of money to and from the NPUA account at Wells Fargo Bank to the State of California’s Local Agency Investment Fund (LAIF) and add the new Human Resources Specialist to the LAIF authorized staff list.

Needles City Council Action: Waive the reading and approve Resolution Number 2016-25 authorizing the transfers of money to and from the NPUA account at Wells Fargo Bank to the State of California’s Local Agency Investment Fund (LAIF) and add the new Human Resources Specialist to the LAIF authorized staff list.

**** Agenda Item #4: Information from the City of Needles: ****

Title:

Approval of Resolution #5-10-2016-NPUA Authorizing the Investment ofMonies into the State of California’s Local Agency Fund (LAIF) and Updating List of Authorized Staff.

Background:

Approval is required to authorize transfers of money to and from the NPUA’s LAIF accounts. Currently only the NPUA checking (#9033 003) at Desert Communities Federal Credit Union (DCFCU) is on the LAIF authorized account list. Due to our banking transition from Bank of America, we need to add the NPUA checking account at Wells Fargo Bank (account #5585962938) to the LAIF authorized account list.

In addition, the new HR Specialist needs to be added to the authorized staff list to process transfers.

Recommended Action: 

Approve Resolution #5-10-2016-NPUA authorizing the transfers of money to and from the NPUA account at WFB to LAIF, and adding the new HR Specialist to the authorized staff list.

Submitted By:

Sylvia Miledi, Director of Finance

 

– Agenda Item #5: Needles City Council and Needles Public Utility Authority Action: Approve the NPUA Water and Wastewater loans from Asset Replacement Funds to Operating Funds for Fiscal Year 2016 budget deficits.

**** Agenda Item #5: Information from the City of Needles: ****

Title:

Loans from Asset Replacement funds to Operating Funds for FY 16 budget deficits.

Background:

Delays in establishing the new Water & Wastewater rates will require additional funding to cover budget deficits. Per the BPU and NPUA direction last year, this additional funding will be transferred to the Water & Wastewater operating funds from their respective Asset Replacement Funds. The attached Memorandums of Interfund Transfer & Repayment Obligation, and amortization schedules have been created by staff and City Attorney.

The interest rate used is the current rate at the Local Area Investment Fund. The Board of Public Utilities unanimously voted to create the loans.

Fiscal Impact:

$570,469 loan from Water Asset Replacement Fund to Operating Fund; $210,004 loan from Wastewater Asset Replacement Fund to Operating Fund; payable over 60 installments (5 years)

Recommended Action:

NPUA approval of attached installment loans.

Submitted By:

Sylvia Miledi, Director of Finance

– Agenda Item #6: Needles City Council and Needles Public Utility Authority Action: Approve the selection of Lincus Inc, an Air Resource Board (ARB) accredited verification body, to perform AB32 greenhouse gas verification services for calendar year 2015.

**** Agenda Item #6: Information from the City of Needles: ****

Title:

Select AB 32 Green House Gas Verification Vendor 2015

Background:

On December 6, 2007, pursuant to the California Global Warming Solutions Act of 2006, the California Air Resources Board (CARB) approved the Mandatory Reporting of Greenhouse Gas Emissions. The regulation requires the mandatory reporting and verification of greenhouse gas (GHG) emissions. Facilities subject to mandatory reporting are required to have their greenhouse gas emissions verified beginning in 2010, for their 2009 reported emissions. Facilities will be subject to either annual or triennial verification. Only CARB accredited verification bodies and verifiers may provide verification services for the purposes of mandatory greenhouse gas emissions reporting.

GHG reports are due no later than June 1* of the year following the year reported upon for electricity Retail Providers. GHG Verification reports are due by September 1, 2016, for those subject to the June 1 reporting deadline.

In April staff sent out requests for quotes to ten each CARB – Accredited Verification Bodies. Three of those responded with quotes:

  • Lincus Incorporated $4,219.00
  • Ashworth Leininger Group $5,500.00
  • Locus Technologies $5,700.00

Historically, Locus Technologies has provided the City with the verification services since 2010. ARB applies the six-year rule strictly by calendar date. The date we first received approval from ARB to begin work with the City of Needles was October 7, 2010. Based on that date, Locus would have to complete your verification before October 7, 2016. The verification deadline is September 1, 2016, so they are within the six-year limit for providing verification services. Locus has already received approval from ARB to complete verifications for other clients in a similar situation with regard to the six-year limit. This year a site visit is required because it is the first year of a new compliance period, which also means that full verification services are required. In contract, last year qualified for a less intensive verification.

Lincus Incorporated was selected as low bidder for the 2015 GHG verification.

The purpose of the GHG report and its verification report is to measure the impact that Needles load on the environment and to determine if its compliance target should be adjusted upward or downward based on actual experience.

WAPA is the City’s purchasing desk for thermal energy. WAPA’s legal counsel opined that the federal government cannot be a party to the GHG Allowance regime. As a consequence, Needles was again deemed to be a first deliverer in California so it could both buy energy from WAPA and comply with AB 32. As such Needles is subject to third party GHG Verification of its annual GHG Report to CARB. An annual site visit is required this year which will take place in Phoenix, AZ at WAPA’s headquarters due to them having access to all the tags.

Attached completed Informal Bid Sheet for GHS Verification Services.

On May 3, 2016 the Board of Public Utilities approved staff recommendation to select the lowest bidder, Lincus Incorporated for the 2015 GHG verification services.

Fiscal Impact:

$4,219.00 to be included in the 2016-2017 Electric Budget.

Recommended Action: 

Move to approve the Board of Public Utilities selection of Lincus Incorporated, a ARB accredited verification body, to perform AB 32 Greenhouse Gas verification services for CY 2015.

Submitted By:

Rainie Torrance

 

– Agenda Item #7: Needles City Council and Needles Public Utility Authority Action: Authorize retaining the accounting firm of Vasquez & Company, LLP for the audit of the Needles Public Utility Authority for fiscal year ending June 30, 2016 and for fiscal year 2016-2017.

**** Agenda Item #7: Information from the City of Needles: ****

Title:

NPUA auditors for FY 16 audit

Background:

The accounting firm Vasquez & Company, LLP has performed the audit of the Needles Public Utility Authority for the past few years. They are a large firm with highly professional and experienced staff. They have shown cooperation and willingness to adjust their reporting to conform to Utility Board requests wherever possible. Vasquez and Company performed well for the FY 15 audit and met all scheduled deadlines they had committed to.

An RFP was issued for the 2014–15 NPUA audit, and there was only one reply. The responding company was Vasquez & Company. We plan to seek new auditors via the RFP process every 3 years.

At their April 19, 2016 meeting, the Board of Public Utilities unanimously voted to retain Vasquez and Company for the audit of the fiscal year ending June 30, 2016, and for fiscal year 2016-17.

Fiscal Impact:

$29,774 plus out-of-pocket expenses

Recommended Action: 

The Board of Public Utilities and staff recommend retaining the accounting firm of Vasquez & Company, LLP for the NPUA audit for the fiscal year ending June 30, 2016 and for fiscal year 2016-2017

Submitted By:

Sylvia Miledi, Director of Finance

 

** End of Consent Calendar: **

– Agenda Item #8: Needles Public Utility Authority Action: Resolution Number 05-10-2016-NPUA approving the Model for General Fund Reimbursement from the Utility Enterprise Funds for costs incurred and benefits provided by the General Fund as prepared by Urban Futures, Inc. and discontinue the franchise fee.

(Action Needed Agenda Item)

Needles City Council Action: Resolution Number 2016-26 approving the Model for General Fund Reimbursement from the Utility Enterprise Funds for costs incurred and benefits provided by the General Fund as prepared by Urban Futures, Inc. and discontinue the franchise fee.

(Action Needed Agenda Item)

**** Agenda Item #8: Information from the City of Needles: ****

Title:

Approval of the Reimbursement from Utility Enterprise Funds for Costs Incurred and Benefits Provided by the General Fund as prepared by Urban Futures, Inc. and discontinue the franchise fee.

Background:

Attached is the final report on the analysis of City General Fund costs in support of the NPUA. The report concludes that there are $608,696 in City General Fund costs that are not currently being charged to the NPUA for such things as:

  • $ 23,330 Fair Share Allocation of Costs for Street Maintenance and Repairs,
  • $42,150 Fair Share Allocation for Public Safety Services Protecting City Streets and ROW used by the NPUA,
  • $ 63,433 Fair Share Allocation for Public Safety Costs for NPUA Property,
  • $319,522 Fair Use Compensation for Value of Easements in City Streets and ROW,
  • $ 20,085 Fair Use Compensation for exclusive Use of City Real Property, and
  • $140,176 Fair Use Compensation for Use of City-Owned Buildings and Facilities.

This report will allow the Franchise Fee to be discontinued once the NPUA adopts this report and the City charges to the NPUA are implemented as part of the new rate structure. The Franchise Fee collects and transfers $512,786 (5% of gross revenue from the three utilities combined) to the General Fund. The new charges will be based upon actual documented costs annually and not a percentage of gross revenue.

This document (Model for General Fund Reimbursement from Utility Enterprise Funds) was approved by the Board of Public Utilities at their April 19, 2016 meeting.

Recommended Action: 

Needles Public Utility Authority – Resolution No. 05-10-2016-NPUA approving the Reimbursement from Utility Enterprise Funds for Costs Incurred and Benefits Provided by the General Fund as prepared by Urban Futures, Inc. and discontinue the franchise fee as recommended by the Board of Public Utilities.

Needles City Council – Resolution No. 2016-26 approving the Reimbursement from Utility Enterprise Funds for Costs Incurred and Benefits Provided by the General Fund as prepared by Urban Futures, Inc. and discontinue the franchise fee as recommended by the Board of Public Utilities.

Submitted By:

Rick Daniels, City Manager

 

**** Adjourn the joint Needles Public Utility Authority and reconvene the Needles City Council Meeting. ****

** Consent Calendar Agenda Items: **

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

– Agenda Item #9: Approve the warrants register through May 10, 2016.

 

– Agenda Item #10: Waive the reading and approve for introduction Ordinance Number 581-AC amending Article VI of the Needles Municipal Code adding Section 6-18.1 relating to the posted notice relative to code Violations. (1st Reading-Post)

**** Agenda Item #10: Information from the City of Needles: ****

Title:

Needles City Council Ordinance No. 581-AC 

An Ordinance of the City Council of the City of Needles, California, Amending Article VI of the Needles Municipal Code and Adding Section 6–18.1 to the Needles Municipal Code Relating to Violations of the Municipal Code

Background:

The Code Enforcement Officer receives ongoing complaints related to illegal occupation of buildings that have been “red tagged”, i.e. cited for unsafe conditions at the site. The required actions when a “red tag” notice is posted at a site, is that all occupation of the structure is required to be vacated. The amendment to the Needles Municipal Code makes it a misdemeanor to remove, alter, cover or fail to comply with the posted “red tag” notice.

Fiscal Impact:

Not applicable

Environmental Impact:

N/A

Recommended Action: Move to:

Approve Ordinance No. 581-AC, amending Needles Municipal Code Section 6-18.1.

Submitted By:

 

Dan Williams, Code Enforcement Officer

 

– Agenda Item #11: Ratify the letter sent by Mayor Paget objecting to the U.S. Fish and Wildlife Service efforts to severely restrict recreational boating 17 miles north of Lake Havasu.

(Action Needed Agenda Items)

**** Agenda Item #11: Information from the City of Needles: ****

Title:

U.S. Fish and Wildlife Service (U.S.F.W.S.)

Background:

On April 12, 2016 the USFWS released a “Compatibility Determination” proposing further limits on boating activities on Havasu National Wildlife Refuge. Attached is a letter signed by Mayor Paget dated May 2, 2016, objecting to the USFWS efforts to severely restrict recreational boating 17 miles north of Lake Havasu.

Fiscal Impact:

Not applicable

Recommended Action: 

Ratify the letter sent by Mayor Paget objecting to the U.S. Fish and Wildlife Service efforts to severely restrict recreational boating 17 miles north of Lake Havasu.

Submitted By:

City Manager Daniels

 

**** Regular Agenda Items: ****

– Agenda Item #12: Discussion regarding placing measures on the General Municipal Election to be held on Tuesday, November 8, 2016.

(Discretionary Agenda Item)

**** Agenda Item #12: Information from the City of Needles: ****

Title:

November 8, 2016 General Municipal Election

Background:

The City of Needles General Municipal Election is to be held on Tuesday, November 8, 2016. The suggested last day to adopt resolutions to call the election, consolidate with the County and place measures (establishing the last day to file arguments and impartial analyses) on the ballot is June 21, 2016. Attached is the election calendar.

This is an opportunity to discuss any measures that Council may want to place on the ballot, allowing staff and the city attorney adequate time to prepare and review the measures.

– Critical Timeline:

The suggested last day is June 21, 2016 (June 14 would be the last regular council meeting prior to the deadline.)

– Fiscal Impact:

Cost Unknown (The November 2014 election cost was approximately $4,500 for the mayor, three council members and two measures.)

Recommended Action: 

Discretionary

Submitted By:

Dale Jones, City Clerk

 

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

http://www.cityofneedles.com/Pages/Departments-Services/Boards/1-2015%20COUNCIL.html

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

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