Needles City Council
March 14, 2023

031423regccnpuaag 1
(ACT) – ACTION NEEDED
(INF) – INFORMATION ONLY
(DIS) – DISCRETIONARY

A G E N D A

REGULAR MEETING OF THE CITY COUNCIL,

NEEDLES PUBLIC UTILITY AUTHORITY

CITY OF NEEDLES, CALIFORNIA
TUESDAY, MARCH 14, 2023
COUNCIL EXECUTIVE SESSION – 5:00 P.M.

CITY COUNCIL MEETING – 6:00 P.M.

CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES

THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 570 949 858# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 570 949 858# The meetings are being recorded

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS (A three-minute time limit per person has been established.)

RECESS TO EXECUTIVE SESSION
a) Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). (one potential case) b) Public Employee Performance Evaluation pursuant to Government Code Section 54957 - Title of position: City Clerk
c) Public Employee Performance Evaluation pursuant to Government Code Section 54957 - Title:

City Manager
EXECUTIVE SESSION – Report by City Attorney
ROLL CALL (Previously Taken)

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY Parliamentary procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you.
031423regccnpuaag 2
PUBLIC APPEARANCE – Persons wishing to address the City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PRESENTATION
1) Certificates of Appreciation to the Needles Varsity Girls Basketball Team in recognition for outstanding performance competing in the State Championship CONSENT CALENDAR: 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 City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 2 through 11 on the Consent Calendar by affirmative roll call vote. (ACT)
2) Approve the warrants register through March 14, 2023 3) Approve the minutes of January 10, January 24, February 14 and February 28, 2023 4) Approve the Needles Rodeo Association Daily License Application to the Department of Alcoholic Beverage Control for the Needles Rodeo Association Rodeo, March 31-April 1, 2023 at the Needles Rodeo Grounds
5) Accept the cost increase for Design Services/CEQA Coordination by the Arizona Department of Transportation (ADOT) for the Bridge Rehabilitation Project under the Intergovernmental Agreement (IGA) in the amount of $14,000 using general fund reserves to be reimbursed by a grant administered by Caltrans Program at 88.53%
6) Accept Final Change Order #1 for work completed by Christensen Brothers General Engineering Inc on the Phase III Water Service Replacement and Street Improvements Project 7) Waive the reading and adopt Resolution 2023-19 authorizing a designation for the City of Needles as a Food Desert and direct the city manager to find available grants to assist a private party in building a grocery store
8) Waive the reading and adopt Resolution No. 2023-20 rescinding Resolution No. 2020-14 Declaration of the Existence of a Local Emergency (COVID-19) 9) A public hearing will be held on March 28 amending Chapter 2 “Administration” of the Needles Municipal Code adding Article IX Housing Commission (INF) 10) Accept the resignation of Karen “Kippy” Poulson as City Treasurer and direct staff to come back with a recommended replacement
11) City Council, acting as the Needles Housing Authority (NHA) Board, accepting the Housing Authority status report and direct the City Manager to finalize the audits for 2020-21 and 2021-22, develop the NHA budgets, develop and submit the Recovery Plan, and apply sufficient comprehensive fiscal controls consistent with the existing city purchasing and personnel policies End of Consent
031423regccnpuaag 3

REGULAR ITEMS
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS (A three-minute time limit per person has been established.)
12) Waive the reading and adopt Ordinance No. 659-AC amending Municipal Code Section 92.00 “Definitions” and Section 93.04 “Commercial Zones” and Section 96.01 “Table of Permissible Uses” and Section 98.00 “Site Dimensions” and Section 99.03 “Table of Minimum Dwelling Unit Floor Area” and Section 99.05 “Height of Structures, Table of height limits nonresidential zones” and Section 99.06.02 “Common Usable Open Space Area” and Section 99.06.05 “Front, Side, Rear Yards, Table of yards required nonresidential zones” and Section 99.06.09 “Courts” and Section 111.04.27 “Downtown Core Parking Requirements” and Sections 12A-6, 12A-7, 12A-9, 12A-10, 12A-11 of the Cannabis Businesses ordinance and rescinding Ordinance 620-AC replacing Chapter VII “Intensity of Uses” (2
nd reading adopt) (ACT)
13) Approve letters of Support for Legislation AB462 creating a pilot program in San Bernardino, Riverside, and Orange counties to establish and implement overdose response teams of law enforcement officers to combat the ongoing opioid crisis in San Bernardino County communities; and SB63 establishing two new grant programs for counties to develop and expand homeless and mental health courts and financial grant opportunities to county sheriffs and jail administrators providing programs to reduce homelessness among inmates who are released from custody (ACT)

CITY ATTORNEYS REPORT

CITY MANAGERS REPORT

COUNCIL REQUESTS
Councilmember Campbell
Councilmember McCorkle
Councilmember Merritt
Councilmember Pogue
Councilmember Belt
Councilmember Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL

IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.cityofneedles.com
Posted March 10, 2023
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 10th day of March 2023
_______________________________
Dale Jones, CMC, City Clerk

City of Needles, California
Staff Report
---------------------------------------------------------- ---------------------------------------------------------- ~ CITY COUNCIL O NPUA O RDA ~ Regular D Special
Meeting Date: March 14, 2023
Title: Alcohol Beverage Control Permit for Needles Rodeo Association 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 31 -April 1, 2023. The Association will provide a certificate of liability which includes liquor liability prior to the event.

Critical Timellne: The Association submitted their application to ABC on Feb. 28, 2023 Fiscal Impact: Not applicable
Recommendation: Approve the Needles Rodeo Association Daily License Application for the Department of Alcoholic Beverage Control for their Needles Rodeo Association Rodeo, March 31-April 1, 2023. at the Needles Rodeo Grounds.

Submitted By: Jennifer Valenzuela, Recreation Service Manager City Management Review: Date: ------
Approved □ Not Approved:□ Tabled: □ Other: □
Agenda Item: _L\ _...L.-__ _

CITY OF NEEDLES

FACILITIES & EQUIPMENT RENTAL APPLICATION
Department:

D Recreation D Aquatics IIE:J Parks D Animal Control
Facility/ Equipment Requested: ..... fY~e~e=d~~l=-e~~~-0>~~41=d2~~1h-111_u_lo ________ _ Event Date: 7h rin 'fl ~ /21 d\JiJ,A, / d,0).} Event Time:

Type of Function: _£ /J dJ-o Estimated Attendance: ;J J1)I) Requesting Organization: ~) u) \ es /(.1rko U/LJ_,;,c;_) Contact Person(s): ~d,.1 't/i/)ftL-/n:! Phone: 760 JJ.;3 _{,;;.5:;-- Address / 06 / q 'le(! c)_Lnv}le., Y&.LJ.£
Will admission be charged? 1K}, Yes D No Proceeds go to? /l/) Jio ~ List equipment/ arrangements needed to facilitate your event:

Harmless Clause:

The sponsoring organization, Individual member(s) of the sponsoring organization, and any and all participants and attendees for themselves, their spouses, heirs, administrators, executors and assignees, release and hold harmless the Governing Board, City and its officers and employees from any claim or demand, Including those based on the neg!Jgence of the Govem1i1g Board, City and its officers and employees, arising from participation or attendance at this activity or function held on City property or utilizing City equipment.

Damage Clause:

I/We hereby certify that I/we shall be personally responsible on behalf of our organization for any damage sustained to City furniture, or equipment because of the occupancy of said use of equipment by our organization. I/We agree to abide by, and to enforce courtesy while using the City equipment.

Animal Trap Rental:

This Is to certify that on the above date, J rented a small/ large trap In working condition from the Needles Animal Control Department. I accept all responsibilities to return the trap in the same condition as when it was loaned out. (The trap is to be returned clean and clear of any cans, dishes, strings, etc.) • I further agree to reimburse the City of Needles for said trap if it is lost, stolen, destroyed or damaged. See Fee Schedt1/e for trap replacement ct1; , j
Appl/cants Signature: r))), 0 J~u; Dated: o(/4///2-3 ...........••••.........••••.•.•••••• OFFICIAL USE ONLY····································· Priority Class: Fee: ____ _ Deposit Amount:

Insurance information (if applicable):
-~ Include copy of Insurance rider for this event With your application ~- Approved by City Council on: ----··--·---~---

CA/CK/MO
Se~ 15A-6 • ~No person shall possess or use any alcoholic beverages on the premises of any recreational area without the express wn'tten approval of the city council''.

CITY FACU.IT!ES HENTALAPPLJCATIOM - OCTOBEf~ 2016 - TLE

CITY OF NEEDLES
817 Third Street •
(760) 326-2113 •
Needles, California 92363
FAX (760) 326-6765
updated 12;w2022
A zoning permit Is required for any project that is Identified in the eight categories listed below. The zoning permit application is to beyo~pleted by the property owner/applicant.

Date: .,i>- f :I 1 /_J .J ·
Appllcant~:me: llle-e.cll.es lccdt.() a(J/.J oua..,frfA'(...) Contact Info: Phone: 1ta {) - i !5 3 - 6 Ji 5 .5 E-m?)I: --/MJf- q /tn f! C. ft(J.i • t:£/)'>? Address of propose/boject: / DD /
Mailing Address: P,J]y/ '711
gjq .... t!/eM eµ_k St- ll½t/es . Ck c; ,1363
111.eedl-es, t.& r;,;,3~:3;,
Check proposed project !'Jme:

Misc~;·prriJ8Cts Identified below will be charged a $146 fee for Zoning Permit Processing

1. New business:
a) location used prevJously for residence;
b) same use-bldg vacant over 180 days;
c) Previous business use unrelated to proposed new busfness use __ 2. Current ijusfness that adds a new use, i.e. "auto repair business" addfng "on~site storage• service. Atcohol licenses.

3. Substantial clearing, grading or excavating of land
~ 4 Spacial Event, Including assemblage, road closure requests, moblle food vending

5. Accessory stroctures (sheds/awnings/carports), excluding ADUs.

Cm1struction projects identffled below will be exempt from zoning permit fees; will require a Site- Plan Development Review with a fae of $1,248 and a city engineer deposit of $2,000

6. All new or existing commercial/industrial construction + cell tower modifications 7 All new residential conslruclion (Including more than 10KW photovollaic solar projects)

8. All remodels to enlarge existing liVing/work space or addition of 2"" dwelling unit/ADU .--------
Project Type (circle one): Residential ~ommerc~ Industrial J . Description: 1/IJ)} /J tl..l fl/ e.'fr// es 11.,ko --: iltfn fhJrf So;[c{.;) I --- - ·-- -- ~.,. ..,.

See Page 2 for all required elements to be shown on the site plan drawing Dimensioned SIie Plan Required with Application. The Zoning Permit application should be accompanied by drawings of the project, Including a site plan that identifies information pertinent to the project (see description of information to be provided on reverse side of document). Upon receipt of documentation, drawings and fees, staff will review the Information and provide a letter to the applicanUowner. within one work week, identifying the project requirements within the Zoning Code Sectlon(s) applicable to the specific project. By signing below, I affinnatively represent that any business or activities for which I submit this application will be operated in compliance wilfra/tifederal. State and Local Laws._ ,/! \./1uluJv ~ )tU¼,-;/i;, Date: --~f.d._?.-'-,7~/.d~3~---- u Authorized Signature 7 Date:
--------------- Property Owners Signature
~apartment ot AJCOhonc Beverage control
DAIL V LICENSE APPLICATION/AUTHORIZATION • Non Transferable Instructions: Complete all items, Submit to local ABC District Office with required fee (Cashier's Clleck or /lfdnity Order) prryohie ,,, A"C Once llcaut! is issued,fu cannot be nfunded. For a {f~/ng of ABC District OjJit:tJS pfo,n•e ,•hit l1ttp:lfi.,,.Y1v.abe.ea.gonldistmQp.html Pursuant to the authority gra111ed by t/14 organl!tltio11 named belo11,, the understgned hereby appliesforlh4 lfcr.n.'ftt(s) describl!d below.

1. ORGANIZATION'S tlAME jCONDm0N$ REOUlREO
Needles Rodeo Association I 0Yes [gJNo

LICENSE NUMBER
47-1356571
RECEIPT NUM8ER
FEE
$50
OIAGRAM RE.QUIRED
l8}Yes
State of Callfomla
Gavin Newsom,. Governor

IGEOCODE

2. LICENSE TYPE (Check approprtate license !\'E_e_A_N_D_o_rg=a_n_lza_Uo_n_~~pe~--------------------- ,. [] Dally General ($75.00) (Includes beer, wine and dist/I/ad spirits) 0Politlcal Party/Affiliate supporting Candidate for Fraternal Organization in Existence over Five Years Public Office or Ballot Measure with Regular Membership Organization Formed for Specific Charitable or Civic Purpose Religious Organization Oother: _________________ Ovessel per Section 24045.10 B&P ($50.00) ,. ~ Spacial Daily Beer & Wine ($50.00)
jg!Charitable Fraternal social 0Politlcal Oolher: _50_1ci(c..L)(,.__3,_) n'-'-o_n__,_p_ro'-'fi'-'-t ________ _ Ocivic 0Rellglous Ocultural 0Amateur Sports Organization ~ special Temporary License ($100.00) (Different privileges depending on statute) Television Station per Section 24045.2 or 24045.9 B&P Person conducting Estate Wlno Sala per section 24045.8 B&P D Nonprofit Corporation per Sections 24045.4 and 24045.6 B&P Owomen's Educational and Charitable Organization per O other Special Temporary Ucensos, per SecUon
License number
:;l, EVENTTYPI:
~Dinner
0Sports Event
0Dance
Concert
QWeddlng
[I Birthday
QLunch
0Mixer
Amount$
0Picnic
Ocamlval
Section 24045.3 B&P
0Barbeque
D Dinner Dance
social Gathering
Oo111er:

4. TOTAL#OFOAYS 5, ESTIMATEDATTENDANCe
100
6, HOURS OF ALCOHOLIC llEVERAGE SAi.ES, SERVICE AND/OR CONSUMP110N From 4pm To 1 Opm

7. evliNT O,\TE(S)
March 29, 2023 8. EVENT IS OPJ!N TO THE Puauc
0Yes 18jNo

9. EY.ENT LOCATION (Glvo htolllyname, if any, !itttOI numbot and name, ond dty) Needles Rodeo Grounds, 1001 San Clemente St, Needes, CA 92363

10. LOCATION IS Wll'HINTHE crrv l!MITS 12. SECURITY Gl.7MDS 0Festlval
i8JYes 0No 11. 1YPEOFENTERTAINMENT
Sponsor Dinner ljYes If yes, how many?

13. AUTHORIZED RePRESENTATIVE'S NAME
Judith C. Thornton
15, REPRESENTAlNE'SADORESS
1-4. REPRESENTATIVE'S TE.EPKONE NUMBeR
760--333-5255
1835 South Drive, Mohave Valley, AZ. 86440
,e:~ORGANIZATION'SMAIUNGADC~ESS(Udi!feron~tl~"""~.,".~,...,.,-.1-------------------------------- P.O. Box 711, Needle_s~,,a:C"'A;-,9=2=3=63~----------------,,,~=cc=------- ,1. A1.mmR1ZED REPRESENTATIVE'S SIGNATURE 1,a. DATE SIGNED PROP!!RTY OWNeit.Al'PROVAI.8Y (Ntma), REQUIRED PHONE NUMBER PROPERTY OWNER StGNA DI\ Rick Daniels, City manager 760-326-2113 2 LAW ENl'ORCEMl!NT APPROVAL UY (Klml), IF AP PUCA.IRE PHONE NUMBER DA:
~C~a~pt~.R~o~s~s~Ta~ra~n~g~le==-----_L7~6~0~-3~26~-~92~0~0---+..~~~~~~=- t-2£-;2...3 DISTRICT OFFJCE APPROVAL BY {Nnme-) ---!c .. =.~u .. =c•=·o•m The above-named organlzatlcn is hereby licensed, pursuant to th& Califomla Business and Professions Code Division 9 and California Code of Regulations, to engage In the temporary sale of alcoholic beverages for consumption at the above named location for the period aulhorized above.

This lioanso may be mvokad summarily by tho Department If, in thG opinion of the Department and/or the local law enforcement agency, It Is necessary to pro toot tha safety, welfore1 health, peace and morals: of thq people of the State.

ABC-221 (rev. 07/19)
Department of Alcohollo Beverage Control
DAIL y LICENSE APPLICATION/AUTHORIZATION - Non Transferable h1Sfr11ctio11s: Complete all items. Submit to local ABC District Ojfic, ,nth r<q11/redfee (Cashier's Cit eek or ft/ontzy Order) pllJ"fhl~ toAJJC. Once llcen.se ls isaued,f« cannot lsB refunded. Fbr a listing of ABC District Offices please visit ltttp:l/wu,w,abeca.gov/d4tmap.html Pursualll to tltt!J auOwrlly granted hy the argm,iVllion 11umed /Je/01P, 11,~ u11dersigned hereby applla fer die license/s) descrilJd hdoJ11.
i, ORGAN!lATION'SNAMI: l'CONDITI...-nSREQUIREO
Needles Rodeo Association 181Yes 0No

2. LICENSE 1YPE {Check approprtale license type AND organizalion type) ,. Dally General ($75.00) (Includes beer, wine and dist/I/ad spirits)

LICENSE NUMBER
47-1358571
RliCEIPTNUMBER
FEE
$100
DIA13RAM REQUIRl:.D
Yes
Slate of California
Govin Nowcom, Govqmor
l°EOCOOE
0Political Party/Affiliate Supportlng: Candidate for QFratemal Organization in Existenoo Over Five Years Public Office or Ballot Measure with Regular Membership [J Organization Fanned for Specific Chartlable or CiVic Purpose D Religious Organization Oolher. _________________ Ovessel par Saciion 24045.10 B&P ($50.00) ,. l;<J Special Daily Beer & Wine ($50,00)
~Charitable Fraternal Social
Oc1v1c OReligious Ocullural
OPolillcal O0lhar. 501(c)(3) non profit
OAmateur Sports Organization
c OSpeclal Temporary License ($100,00) (Different privlfeges depending on statute) Television Sletlon per Section 24045.2 or 24045.9 B&P 0Peraon conducling Estate Wine Sale per Section 24045.8 S&P QNonprofit Corporation per Sections 24045.4 and :24045.6 B&P QWomen's Educational and Charjtable Organization per Section 24045.3 B&P O Other Special Temporary Licenses, per Section License number
a:-e\feNTTYPS:
/]Dinner
Sports Event
/g]Dance
Oeoncart
Wedding
Birthday
Lunch
0Mixer
Amount$
0Picnic
carnival
OBarbeque
D Dinner Dance
Osoclal Gathering 0Fesllval
O0lher. Annual Rodeo
4; TOTALilOFOAYS ~ ESllMAlEDATTENDANCE
2000

6. HOURS OF ALCOHOLIC SEVERAGE SAi.ES, SERVICI; ANO/OR CONSUMPTION 2 From 9am To 11 pm

7. EVl;NT DJ\TE(S)
March 31 and April 1 8. EVENT IS OPEN TOlliE PUBLIC
l8JYes 0No

9. EVl!NT LOCATION {G/'ro fscirlty rHIIIJQ. !I any, struol numbarand name.and cily) Needles Rodeo Grounds, 1001 San Clemente St, Needes. CA 92363 10, l.OCATIONISWfn-lJNiHECITYLIMITS
12?)Yes 0No

13. AUTHORIZED REPRESENTATI\l't!'S NAME
Judith C. Thornton 15. REPRESENTAiM:'SADDRESS
11, TYPE OF ENTERTAINMENT
Rodeo and Dance
1835 South Drive, Mohave Valley, AZ. 86440

16. ORGANLZATION'S MAILING ADDRESS (Jfdilf1m111I from #15 o.b:mi) P.O. Box 711 Needles CA 92363 17. AITT110RIZED R!:f'RESENTATIVE'S SIGNATURE

12. SECUruTY GUAAOS
/gjYes 0No If yes, how many? 3-4

14. REffll:~ATIVeS TELEPHONE NUMBER
760-333-5255
118· OATE SIGNED
The above-named organlzaffon ls hereby licensed, pursuant to the Califomfa Business and Professions Code Division 9 and California Cade of Regu!alions, ta engage ln the temp¢rary sale of alcoholic beverages for consumption at the above named IO(~tlon for the period authorized above.

This license may be revoked summarily by the Department if, in 1ho opinion of the Department and/or tho local law enforcament agency, It i& necenary to protect tho .safety, welfare, hoalth, peace and morals of the people of the State.

ABC-221 (rev. 07/19)
385 N Arrowhead Ave, San Bernardino, CA 92415 I Phone: 800.442.2283 • Fax: 909.387.4323 Public Health
Environmental Health Services
www.SSCaunty.gov
www.SSCaunty.ga11/dph/dehs

APPLICATION FOR TEMPORARY EVENT HEAL TH PERMIT
'. . Organizer
(comple1e sections A, B & E )
NOTE· TFF pf;RMJTS ARE ONLY VALJD AT DEHS APPROVED COMMUNITY EVENTS

NAME OF APP
Judith C. Thornton
onsor of a Temporary Body Art Event
co

COMPANY/ORGANIZATION (IFAPPUCABLE)
Needles Rodeo Association

HOME ADDRESS
P.O. Box 711
MA JUNG ADDRESS (IF DIFFERENT7HAN HOME ADDRESS)
same
0 One-Time TFF Vendor
(completa sac.lions A &C)
Temporary Body Art Facility com sections A & F
E-MAIL
[email protected]
CITY
Needles
ClrY
STATE
CA
STATE
-l~?J~JJt.1t1iS11\lr:!:;
ZIP
92363
ZlP
:. · __ ,i: : .. ~ilR~~~!!\lW!r~tti\ · '.'itiWdi~~11tfh;,, 'ii;~1i:!1$'.i'!\!@101;~.r.Pmvt · ___ - _;JYJ0~twJ~'l&i¥,~,'.UifiilW&t!L~~¾'.f:f#f&ttatitr#t-W?&W.~}fK NAME Of EVENT
45rd Colorado River Round Up/Needles Rodeo

SITE ADDRESS
1001 San Clemente St.

CITY
Needles

DATE(S)OFEVENT
March 31 / April 1
TOTAL#OFDAYSOF
EVENT
2 SET UP TIMEFROM 3pm m 4pm OPEN TO PUBLIC FROM 9am TO ~

MAIL TO NTO
Needles Rodeo Assoc. (501(c)(3) tax exempt 10#47-1358571 Judith Thornton

ADDRESS
P.O. Box 711
• • I
CITY
Needles
STATE
CA
ZIP
92363
ALL FEES ARE DUE AND PAYABLE PRIOR TO THE ARST DAY OF OPERATION, Make checks payable to: COUNlY OF SAN BERNARDINO This application and all subsequent fees must be submitted prior to operaUon. Failure to pay wi!I result in the assessment of a delinquent fee or closure. ,For Office Use'Only For Office Use Only For Office l'Jse Only For Office Use Ohly ·: ·For Office Use Only , Fee: FANumb(lr: Record ID: PE Number.

Lale Fee: DY ON Designated Employee: Re«liVed By: Date:

Check One: D New D Transfer D Reactivate Changes (pleasl! specify):

SECTION B ' TEMPORARY FOOO FACILITY (TFF) - EVENT ORGANIZER ' ' (TO BE SUBMITTED WITH SECTIONS A & E) ,

NAME OF EVENT
45th Colorado River Round/Needles Rodeo
The Appllcatlon for Temporary Event Health Permit along with the followfng lnformallon MUST be submitted at least 2 weeks prior to the event. A late fee will be assessed if the applicatton is submitted less than 48 hours prior to ihe event. Health peTTTlits are non..transrerable and must be posted in a conspicuous nlace wtthln the event location.

Indicate the total number in each category:

Food Preparallon Booths (non-propackaged) 8 Prepackaged Food Booths 0 --------- 0 Note: lfth11 ewmt organizer ls providing a 3 compartment sink$ forvendon;, each sink may Number of shared 3 comoartment sinks c,nlv s6MC8 unto 4 vendors and must be IOClJted within 100 feet of6och booth.

NI appl!calions MUST Include a site map which indfcates the fallowing focattons. Also, indicate the distances between each location. • All Food Facilltles (vendorti must correspond with the Usl of Partlc!pants / Vendors) • Potable Water Sou,ce Toilet Facijlties with associated Handwashing Station(s) • Waste Water Disposal Site Three Compartment Warewashing Sink ff provided by the Event Organizer II Electricity (if provided) • Trash Receptaclas
.,.,,.;·:;'"·'•
;>,"f.'·!':

It is the responsibility of the Event Organizer to ensure that all TFF vendors at the event comply with food safety and sanitary requirements enforced by the Division of Envlronmental Health Seivlces (OEHS).

Prior to Event
• When applying for a Temporary Event Health Pennlt, provide documentation from the city or county agency granting approval for the event. • Provide the List of Partlcfpants I Vendors (Sec;tlon E). This Department will review the List of Participants I Vendors, and advise the Event Organizer of any W1approved or unpermitted vendors. All 'ffF vendor applications and fees must be submitted at least 48 hOt.Jrs prior to event, including non-profit oryanizatlons, or a late fee will be assessed. If any changes are made to the List of Participants / Vendors, provide this Department with an updated 11st.

It Is the responsibility of the Event Organizer to ensure all food vendors have a current, va!ld, unsuspended and unrevoked TFF or Mobile Food i;:aclllty (MFF) Heafth Permit Only vendors listed on the approved vendor list will be permitted to operate at the event No refunds will be given to food vendor operators who fall to attend the evl'!r'lt. AU vendors shall have their health permit readily available at th arr booth throughout the event • Ensure to provide a potable water supply, an approved wastewater disposal site, trash disposal, electricity (If provided), and toilet facilities With handwashlng stations willlin 200 feet of each TFF booth.

Oayof Evenl
• No home preparation or storage of food Is allowed. All pre-packaged foods shall be properly packaged and labeled at an approved facflfty. • All potentially hazardous foods shall be maintained at or befow45'F (41'F is required if the rood is to he used for another day), or 135'F" or above and discarded at the end of the day.
•
•
•
"
All food preparation vendors are raquired to cook and prepare toodfbeverage inside a fully enclosed booth. Keep in mind, all COQking equipment, other than approved barbeques, must be kept inside the approved enclosed booth, unless specifically exempted by DEHS. Contact the local fire Jurisdiction where the event is be!ng held regarding applicable fire code requirements.

Depending on the length of the event, a pressurized handwashing sink or simplified handwashing set-up (i.e. 5 gallon igloo-type) with wann water, pump style soap, paper towels, and a wastewater collection container are required Inside ail food/beverage preparation and sampling booths.

Wastewater must be contained at au times.

A 3 compartment warewashlng sink is required for all food/beverage preparation booths. Overhead protectlon Is required for all warewashing sinks .

Any shared 3 compartment warewashing sinks that are provided by the Event 0(9anizer must be malntalned by cleaning, refilling and checking sanitizer levels throughout the event No more than 4 vendors can utilize a shared warewashing sink. All warewashing sinks must be supplied with a minimum of 25 gallons. of pressurized warm water (minimum of 1 00'F), unless food preparation is limited then 15 gallons is required. Wastewater must be contained at all times.
' ' PLEASE READ· DEOl'.ARATION AND SIGNATURE ' '
ALL FEES ARE DUE AND PAYABLE PRIOR TO THE FIRST DAY OF OPERATION, Make checks payable to: COUNTY OF SAN BERNARDINO This application and all subsequent fees must be submitted prior to operaUon. Failure to pay will result In the assessment of a deltnquent fee or closure.

I declare under the penalty of law, that to the best of my knowledge and belief, the statements made herein are correct and true. I have knowledge of, and commit to meet state law and relevant local regulations pertaining to the TFF Event O,ganizer Health Permit. I acknowledge the rules and regulations set forth by the San Bernardino County, Division of Environmental Health Services. As the Event Organizer, I shall ensure all food booths are tn compflance wllh the TFF operating requirements mentioned in this appltcallon and set forth in the TFF Vendor and Event 0Iganizer Packets. I hereby consent to all necessary inspections Incident to the Issuance of a health pennit and the operation of the business. Furthermore, I understand that falrure to meet all requirements specific to the TFF Event Organizer Health Permit, supplemental attachments and set forth by the County of San Bernardino may result In permit suspension and/or closure of the temporary event and/or business operaUng at the event.

SIGNATURE OF EVENT ORGANIZER DATE
03/04/2023

PRINT NAME TITLE
Judilh C. Thornton Treasurer
The Event Organizer may request to meet with the Division of Environmental Health Services after the event To make an appointment, please contact this Deoartment at (800! 442-2283.

ECTION C ' TEMPORARY FOOD FACILITY (JFF) - VENDOR (ANNUAL AND ONE-TIME)

S (TO BE SUBMITTED WITH SECTION A) ,

NAME OF EVENT
45th Colorado River Round Up/Needles Rodeo
The Appllcatlon for Temporary Event Health Petmit along wtth the following infQnnati1m ,..USl' be submitted at least 48 hours prior to the event or a late fee will be assessed. HeaJth pennlts are non-transferable and must be posted In a conspicuous place within the TFF food booth.

A TFF may only operate at community events approved by the County of San Bernardino Department of Public Health, Dlvtslon of Environmental Health Services DEHS •
-_ ·~::: ~ ·:· • 'rt''• )!:- ~- -~~.

D Prepackaged 1FF Pe1111it at Fixed Location (up to 6 Months) D Prepackaged Annual TFF Pe11111t D Pre aration TFF ennlt at Ftxecl Location u to 6 Months Food Pre aratlon Annual TFF P nnit l,~ mi.lii'Jli'l~m!li~'6'l'i£ii~
Food Manager Certification YES NO
rker Training Certificates
lW!i¼l!1BJ;•Jf~ 0 Food Preparation at Booth
l!I Fully Enclosed Food Compartment (i.e. Snow-Cone, Popcorn, Cotton candy, or Shaved Ice Machine) D Other (Please Describe):

Specify what typos of food/beverages will be sold or given away at the event.

BBQ beef, beans, cote slaw, FF, onion rings, rolls, fountain drinks ii~1fili~iftkt1fufatl:

It Is the responsibility of each TFF Vendor at the event to comply with food safety and sanitary requirements enforced by the Division of EnVironmental Heallh Services (DEHS).

FOOD 'SAFETY, STORAGE AND TRANSPORTATJQN
•
•
•
•
No home preparation or storage of food is allowed •
Transported food must be protected from contamlnatlon, In approved containers <.apabla of maintaining required holding temperatures • All food, utensils and equipment shall be stoll:1d, displayed and served so they are protected from contamination, and shall be stored off the floor on sheMng, boxes, or pallets.

All potentially hazardous foods must be kept at 41°F or below or 135°F or above. Hot holding foods, food held at 45°F and/ or left-overs must be discarded at the end of the day.
• A calibrated and accurate metal~probe thermometer measuring from 0°F to 220"F shall be made avallable to check food temperatures.

I have read the above statement on Food Safety, storage and Transportation and will abide by these regulations. INITIAL !iANDWASHIIIG STATIONS
A food and beverage preparation booths shall have a handwashing station inside thefr booth.

A pressurized handwashlng sink with hot and cold running water and a minimum of 5 gallon water supply Is required H' the event exceeds 3 consecutive days.

A minimal handwashing set-up inside the booth is allowed In food preparation booth if the event ts 3 days or less, With this set-up, a minimum of 5 gallons of pmheated water, a hands-free spigot that provides continuous flow of waITTI water and separate waste receptacle are required.

All handwashing stations shall be supplied with a pump soap dispenser and single use paper towels. Hand sanitkers do not replace handwashlng.

I have- read U,e above $tatement on Handwsshing StaUons and will abide by lhese- regulations. INITIAL

FOOD SOOTHS
• AU food preparation, as well as exposed or unprotected food, shall be within an approved enclosure. The ceiling, walls and floors of the enclosure shall be constructed of accept.able materials such as, but not Umlted to:
11 Celllngs constn.J.cted ot canvas or tarps
• Walls constructed of canvas, tarps, plYNood, fine-mesh window screening 11 F!oors conslructed of tarps, plywood, concrete, asphalt. The floor must be smooth and cleanable.

Grass or dirt floors are not acceptable and must be covered.

The food service opening shall be no larger than 13.6" x 16~ with the ablllty of being closed.

Each booth shall indicale the name, city, and telephone number of the booth operator or penniltee. The facility name shall be a minimum of 3 inches. and the ci and tale hone number shall be a minimum of 1 inch in letter hel ht.

I have read the above statement on Food Booths and will abfde by these regulations. INITIAL

SECTION C TEMPORARY FOOD FACILITY (TFF)-VENDOR (ANNUAL AND ONE-TIME) ' , cuntlnu0d , , (TO BE SUBMITTED WITH SECTION A) · NAME OF EVENT 43rd Colorado River Round Up/Needles Rodeo

EQUIPMENT AND UTENSILS
• AU food related and utensil related equipment shall be approved by DEHS. All equipment shall be installed, used and stored to prevent food contamination.
• Cold holdlng units Include, but are not Umlted to: mechanical refrigeration, free2:en. or Ice chests. Accurate thellllometers are required inside the units to monitor temperatures.
• Hot holding units Include, but are not limited to: steam tables, crock-pots, chafing dishes or hot holding cabinets. All units shall be pre-heated prior to placing the food In the unit.
• All cooking equipment. other than approved barbeques, shall be kept inside the approved enclosed booth, unless specifically exempted by DEHS.

Open-air barbeques shall be protected from dust and other contamination by way of an approved lid or overhead protection. 11 Food preparation surfaces shall be cleanable and made of approved materials. • Single use utensils shall be provided fur customer use. Food preparation surfaces shall be easlly cleanable and of approved materials. • All condiments must be dis nsed from a s ueeze bottle um dis enser, individual ckets or condiment containers with self--closln \Ids.

WAREWASHING SINK AND WASTEWATER
• A 3 compartment warewashing sink with dual drain boards Is required for all food/beverage preparation booths. Overhead proteclion rs required for all warewashlng sinks.
• Any sha~d 3 compartment warewashlng sinks that are provided by the Event Organizer must be maintained by cleaning, refilling and checking sanitizer levels throughout the event. No more 1han 4 vendors can u~lize a shared warewashing sink.

All warewashlng sinks must be supplied wilh a minimum of 25 gallons of pressurized warm water (minimum of 100"F), unless food preparation is Umiled then 15 gall Oil$ Is l"li!quired. Wastewater must be contained at all times. • An approved sanitizer shall be used at the event for sanitizing utensils and food contact surfaces. Approved sanitizers Include chlorine (bleach), quatemary ammonia (QUATI or iodine. Sanitizer test ships must be available and used to monitor sanitizer levels and shall correspond to the sanitizer in use at the evenL
• All wastewater from warewashing sinks and hand washing statJons shall be disposed of in an approved manner through a pub lie sewer system or other manner a roved b DEHS.

I have read the above statement on Ware-washing Sink and Wastewater and will abide by these regulations. INITIAL ELECTRICITY DETAILS ffFPRDVIDED)
11 Ensure adequate electricity ls avallable for refrigeration units or other equipment {by maintaining potentially hazardous foods at the proper temperature). If the event extends into the evening hour or wlll last more than one day, ensure electricity ts avallable to light the food preparation area Inside the booth. Sources of electricity may Include publfc utllltles and/or generators.

I have read the above statement on Electric;ty Deftlifs and will abide by these regulations. INITTAL

ADDITIONAL INFORMATION
• Potable (drinKing) water shall be available during the event for food processing and warewashing. • Restroom facilities and handwashing stations must be within 200 feet of the food booth. • Make sure garbage/trash disposal is frequently plcked~up and disposed of propar1y, • Animals and smoking are prohibited within 20 feel of food booths, storages areas and/or by the BBQ.

I have read the above statement on Additional Information and will abide by these regulations.

This application and all subsequent fees must be submitted prior 1o operation. Failure to pay will result in the assessment of a dellnquent fee or closure.

I declare under the penalty of law, that to the best of my knowledge and belief, the statemer,ts made herein are correct and true. I have knowledge of, and commit to meet state law and relevant local regulations pertaining to the TFF Vendor Health Pennil I acknowledge the rules and regulations set forth by the San Bernardino County, Division of Environmental Health Services. As the TFF Vendor, I shaU ensure that my food booth Is In compliance with the TFF operaUng requirements mentioned Jn thfs applrcatlon and set forth In the TFF Vendor Packet I hereby consent to all necessary Inspections incident ta the issuance of a health permit and the operation of the business. Furthennore, I understand that failure lo meet all requirements specific to the TFF Vendor Health Perrnt~ su et_emental attachments and sat forth b the Coun of San Bernardino ma result in ermit sus ension and/or closure of llie TFF booth.

SIGNATURE OF TFF VENDOR DATE 3/20/2019
PRINT NAME:

Judlt,h C. ihomlOn TITLE Treasurer

NAME OF EVENT
45th COiorado River Round Up/Needles RodetJ

LOCATION
1001 San Clement.a St, Needles, CA 92363
The following List of Partk:lpanls / Vendors must be submitted to Division of Envlronmental Health Services (DEHS) along with Appl/cation for Temporal)' Event /-lea/th Permit.

As a Sponsor/ Event Organizer, you are authorizing the Ust of Participants / Vendors to participate at the event stated above.

Penntts for Temporary Body Art FaclUtles and Temporary Food Facllflles wlll only be Issued lo participants/ vendors Included in this list. 11AMEoF'r1-1EireMioRARf . ·. •· .···; NAMeoF ... FACii.JTY ;, •· •· · OWNJ:R/OPERATOR

1. Joe's BBQ Shack Needles Rodeo Association

2. Quality Shave Ice Chris Mousley

3. Dance Bar Needles Rodeo Association

4. VIP Bar Needles Rodeo Association

5. Vendor Bar Needles Rodeo Association

6. Tasty Creations Luis Acuna

7. Castillo Inc Richard Castillo

8. Mama's Sweets Raquel Arquero

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20,
PHONE
NUMBER
760-267-5455
928-716-5114
760-267-5455
760-267-5455
760-267-5455
562-319-7448
760-267-5455
210-944-2341

E-MAIL ADDRESS
•••
• . PR# /JlRJI. /
' DNI (Do Not
Ins ct
I hereby give my approval to the participants/ vendors listed above to participate In the iempomry Event for which I am a Sponsor/ Event Organizer, I agree to abide by all requirements as a Sponsor/ Event Organizer. Furthermore, I will not allow unauthorized participants I vendors to pmctfce body art or serve food J bevera es at this evenL

SIGNATURE DATE
3/04/2023
PRINT NAME rm.e
Judith C. Thornton Treasurer

City of Needles, California
Request for City Council Action
•---------------------------------------------------------• IZJ CITY COUNCIL □ UTILITY BOARD □ NPUA □ RDA IZl Regular D Special Meeting Date: March 14, 2023
Title: Accept the cost increase for Design Services/CEQA Coordination by the Arizona Department of Transportation (ADOT) for the Bridge Rehabilitation Project under the Intergovernmental Agreement (IGA) in the amount of $14,000.

Background: During the design phase of the project, additional coordination and documentation efforts were required to satisfy California Environmental Quality Act and document tribal consultation satisfying California State Preservation Office and the Advisory Council on Historic Preservation requirements. The additional CEQA effort was a a total cost increase to the project of $28,000 resulting in a cost of $14,000 (50%) for City of Needles.

Fiscal Impact: The total project cost (design and construction) to date is increased by $28,000 for a total of $3,221 ,650 with the City's obligation (50%) being $1 ,610,825. The Citys portion of this increase ($14,000) to be expended from the General Fund Reserves to be reimbursed by a grant administered by Caltrans from the Highway Bridge Program (HBP) at 88.53% resulting in a total return of $1,426,063 to the City. 4£.
f?l:./.h)YJ,,.Sylvia Miledi
Recommendation: Accept the cost increase for Design Services/CEQA Coordination by the Arizona Department of Transportation (ADOT) for the Bridge Rehabilitation Project under the Intergovernmental Agreement (IGA) in the amount of $14,000. Funds to be expended from the General Fund Reserves and be reimbursed by a grant administered by Caltrans from the Highway Bridge Program (HBP) at 88.53%.

Submitted By: Kathy Raasch, Projects Manager
City Management Review: ~....lll------=3~ _ ---
•---------------------------------------------------------• Approved: D Not Approved: D Tabled: 0 Other:D
AGENDA ITEM: s
PRB Item#:
06 3. Form Date/ 5. Form By:
9/15/2021
Shantala Ramaiah

6. Project Name:

NEEDLES BRIDGE #2435

ARIZONA DEPARTMENT OF TRANSPORTATION
Project Review Board (PRB) Request Form • Version 4.0

1. PRB Meeting Date: 9/14/2021 [ii 2. Teleconference: 4805606996

4. Project Manager/ Presenter:

Shantala Ramaiah @
- 4983 PROJECT MANAGEMENT

7. Type of Work:

BRIDGE REHABILITATION

8. CPSID: 9. District: 10. Route: 11. County: 12. Beg MP:
227.0

13. TRACS#: 14. Len (Mi.):

EL1P Northwest 95 Mohave F018201D 1.0

16. Program Budget: $350 17. Program Item#:

15. Fed Id#:
095-D(217)T
101756

18. Current Approved Program Budget:
$350
18a. (+/-) Program Budget Request:
$28
18b Total Program Budget After Request:
$378
CURRENTLY APPROVED: CHANGE / REQUEST:
·-:19::·::B::U::D::G::E::::T:::IT:=E::M::S:_: ;..._ ___ ;..._ _________ -;:19::;A=:·:::B=:U:::D::G=:ET;:::::IT:=E:::M::S'.....: __________ _ Item # Amount Description Comments Item # Amount Description Comments OTHR20 $175 City of Needles OTHR22 $14 City of Needles
76220 $175 BRIDGE REPLACEMENT
& REHABILITATION
CURRENT SCHEDULE: :

21. CURRENT FISCAL YEAR"

22. CURRENT BID READY:

23. CURRENT ADV DATE·
76222 $14 BRIDGE REPLACEMENT
& REHABILITATION
CHANGE REQUESnNEW SCHEDULE:
21A. REQUEST FISCAL YEAR:
22A. REQUEST BID READY:
23A. REQUEST ADV DATE:

20. JPA #'s: 18-0006762-1 SIGNED: YES ADV: YES
CHANGE IN: 24a: PROJECT NAME: NO
24e. ENVIRONMENTAL CLEARANCE:
24g. U&RR CLEARANCE:
241. R/W CLEARANCE:
24k. SCOPING DOCUMENT:

25. DESCRIPTION OF REQUEST
Increase Design Budget.

26. JUSTIFICATION OF REQUEST
24b. TYPE OF WORK: NO
NO
YES
YES
YES
24c. SCOPE: NO 24d. CURRENT STAGE:
24f. MATERIALS MEMO COMP:
24h. C&S CLEARANCE·
24i. CUSTOMIZED SCHEDULE:

STAGEV
YES
YES
YES
The programmed amount was based on efforts to provide environmental clearance satisfying ADOT-NEPA processes.

Additional coordination and documentation efforts were required to satisfy California Environmental Quality Act and document tribal consultation satisfying California State Preservation Office and the Advisory Council on Historic Preservation requirements. This bridge is co-maintained by the City of Needles.

Request includes:

Staff: $25k
ICAP: $3k

27. CONCERNS OF REQUEST

28. OTHER ALTERNATIVES CONSIDERED
REQUESTED ACTIONS: APPROVED/ RECOMMENDED ACTIONS:

CHANGE IN BUDGET REQUEST APPROVED
ACCT
Remit to:

ARIZONA DEPARTMENT OF TRANSPORTATION
Local Agency
206 S 17TH AVE
MAILDROP 203B
PHOENIX AZ 85007
Bill to:

City of Needles
817THIRDST
NEEDLES CA 92363
□ Please check if address has changed.Write correct
address on back of stub and attach with payment
Ill II I II Ill I I IIII I IIIIIIIIIIIIIIIIIIIIIII I II IIIII Ill I II Ill Ill DTALA2023000084DT0838
City of Needles
.t:U_it<fo1ei,NiJ\-r16:e{r
DT0838
:_liNQiC~)~i'.iITli:i-~f,:;;;~~;.;;;~:II,:'.J_;:·•·•tt;~,- LA20230ooos4
iARPeptzBP.i:tQl./ /ic:1:,
DTA:LA010
$14,000.00
Payment Method: Check D Money Order 0
Please write Invoice No on front of check or Money Order.

DO NOT MAIL CASH
----------------------------------------------- Please detach the above stub and return with your remittance. ---------------------------------------------· ADOT I
DT0B38 02-09-23 03-11-23
. --.. '·,r,./_'.'1nVOice'Ni.iinb'efi:'.c ,., ., invdti:E!t>ate:--. • --- I Citv of Needles LA2023000084 02-09-23
Invoice Charges
Ref Line Description Billing Date No.Of Units
Unit of Unit Price Charges/Credits No. Measure
1 IGA: 18-6762-1 F018201D Invoicing city's their 02-09-23 $14,000.00 share for design ----------------------------- Total Invoice Charges $14,000.00 Other Charges
Description Date Charges
Total Other Charges
Credit Payments Applied $0.00
Total Amount Due $14,000.00
Additional Notes:

Instructions
Please contact our office for payment and billing questions.

City of Needles, California
Request for City Council Action
~ CITY COUNCIL □ NPUA ~ Regular D Special
Meeting Date:

Title:

March 14, 2023
Amending Chapter 2 "Administration" of the Needles Municipal Code to add Article IX. Housing Commission
Background: In 1952, the City by resolution, declared that there was a need for a housing authority in the City because (a) insanitary or unsafe inhabited dwelling accommodations existed in the City, and/or (b) there was a shortage of safe and sanitary dwelling accommodations in the City available to persons of low income at rentals they could afford, pursuant to California Health and Safety Code section 34242.

Since about 1952, the City Council has appointed residents of the City to serve as commissioners of the Needles Housing Authority pursuant to California Health and Safety Code section 34270.

California Health and Safety Code section 34290(a) provides, "As an alternative to the appointment of commissioners of the authority, the governing body of any county or city, at the time of the adoption of a resolution pursuant to Section 34240 or at any time thereafter, may declare itself to be the commissioners of the authority, in which case, all the rights, powers, duties, privileges and immunities, vested by this chapter in the commissioners of an authority, except as otherwise provided in this article, shall be vested in the governing body." California Health and Safety Code section 34290(b) provides, "If the governing body of any county or city has declared itself to be the commissioners of the authority, the governing body shall also appoint two tenants of the authority as commissioners if the authority has tenants, or within one year after the authority first does have tenants California Health and Safety Code section 34292 provides, "A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, by ordinance, create a housing commission. The number of members thereof, their terms of office, their qualifications, and the method of their appointment and removal shall be as provided by ordinance."
Article IX of the City Charter would provide that the City Council may create by ordinance or resolution such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.

The Housing Commission as proposed would function much like the Planning Commission, and the Cemetery Advisory Board. Amongst their duties is to provide oversight of the Needles Housing Authority. Assure ongoing compliance with all state and federal laws, rules, and regulations, review and recommend new grant funding opportunities for housing programs and projects advise the City Council on general affordable housing issues. , and provide a forum for resolving tenant issues at existing facilities.
1 A public hearing for the Ordinance will be held in front of the Council on March 28, 2023.

Fiscal Impact: $450 Cost of publication of Newspaper ad for Commission Vacancy Recommendation: Information Only. A public hearing is scheduled on the creation of a Housing Commission to advise the Council on affordable housing issues for March 28, 2023. Following the Public Hearing, if the Council desires a Housing Commission, the Clerk would advertise the 5 vacancies and those citizens seeking appointment would be invited to appear before the Council for selection consieration.

Submitted By: Patrick Martinez, Assistant City Manager/Development Services City Management Review:• Z \G).C-- Date:

Approved: □ Not Approved □ Tabled: □ Other: □
Agenda Item:
2 ORDINANCE NUMBER

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEEDLES, CALIFORNIA, AMENDING CHAPTER 2
OF THE NEEDLES MUNICIPAL CODE BY ADDING ARTICLE IX. HOUSING

COMMISSION
WHEREAS, as provided in California Housing Authorities Law, Health and Safety Code sections 34200 et seq., since 1951, there has been a housing authority in the City of Needles ("City") known as the Needles Housing Authority; and
WHEREAS, in 1952, the City by resolution, declared that there was a need for a housing authority in the City because (a) insanitary or unsafe inhabited dwelling accommodations existed in the City, and/or (b) there was a shortage of safe and sanitary dwelling accommodations in the City available to persons of low income at rentals they could afford, pursuant to California Health and Safety Code section 34242; and
WHEREAS, since in or about 1952, the City Council has appointed residents of the City to serve as commissioners of the Needles Housing Authority pursuant to California Health and Safety Code section 34270; and
WHEREAS, California Health and Safety Code section 34290(a) provides, "As an alternative to the appointment of commissioners of the authority, the governing body of any county or city, at the time of the adoption of a resolution pursuant to Section 34240 or at any time thereafter, may declare itself to be the commissioners of the authority, in which case, all the rights, powers, duties, privileges and immunities, vested by this chapter in the commissioners of an authority, except as otherwise provided in this article, shall be vested in the governing body;" and WHEREAS, California Health and Safety Code section 34290(b) provides, "If the governing body of any county or city has declared itself to be the commissioners of the authority, the governing body shall also appoint two tenants of the authority as commissioners if the authority has tenants, or within one year after the authority first does have tenants ... ;" and WHEREAS, California Health and Safety Code section 34290(c) provides, "As an alternative to appointment of tenants of the authority as commissioners of the authority pursuant to subdivision (b), if a housing commission is created as provided in Section 34291, the governing body may make tenant appointments pursuant to subdivision (b) to the commission rather than to the authority ... ;" and
WHEREAS, California Health and Safety Code section 34292 provides, "A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, by ordinance, create a housing commission. The number of members thereof, their terms of office, their qualifications, and the method of their appointment and removal shall be as provided by ordinance;" and
WHEREAS, Article IX of the City Charter provides that the City Council may create by ordinance or resolution such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter; and WHEREAS, the City Council of the City of Needles finds that it is in the best interest of the community, at this time, for the City Council adopt an ordinance creating a Housing Commission; and
WHEREAS, a public hearing notice was published in the Needles Desert Star on _____ , 2023.

NOW, THEREFORE, the City Council of the City of Needles does ordain as follows:

SECTION 1. Incorporation of Recitals. The recitals reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. CEQA. Pursuant to section 15060(c)(2) of the California CEQA Guidelines, adoption of the subject Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, pursuant to section 15060(c)(3) the activity is not a "project" as defined in section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve an amendment to the Needles Municipal Code ("Needles Code").

SECTION 4. The City Council HEREBY APPROVES Ordinance XX amending the Needles Code as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.

SECTION 5. Effective Date. This action shall become final and effective thirty (30) days after this decision by the City Council as provided by the Needles Code.

SECTION 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 7. Certification. The City Clerk shall certify to the adoption of this Ordinance.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Needles, California, held on the __ day of ___ ,, 2023, by the following roll call vote:

AYES:

NOES
ABSENT:

ABSTAIN:

Janet Jernigan, Mayor
Attest:

Dale Jones, City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the __ day of ___ , 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

Janet Jernigan, Mayor
(Seal) Attest:

Dale Jones, City Clerk
Approved as to form:

John 0. Pinkney, City Attorney
Exhibit "A"
to Ordinance Number XX
Article IX. HOUSING COMMISSION
2-40 Housing authority established.
2-41 Housing commission, created.
2-42 Members.
2-43 Appointments.
2-44 Term.
2-45 Vacancies.
2-46 Regular meetings.
2-47 Duties.
2-48 Procedures for review and recommendation-Further functions. 2-49 Records.
2-50 Organization.
2-51 Compensation and reimbursement.
2-40 Housing authority established.

As provided in California Housing Authorities Law ("Law"), Health and Safety Code sections 34200 et seq., since 1951, there has been a housing authority in the City of Needles ("City") known as the Needles Housing Authority ("Authority"). in 1952, the City by resolution, declared that there was a need for a housing authority in the City because (a) insanitary or unsafe inhabited dwelling accommodations existed in the City, and/or (b) there was a shortage of safe and sanitary dwelling accommodations in the City available to persons of low income at rentals they could afford, pursuant to California Health and Safety Code section 34242. Pursuant to resolution adopted on February 14, 2023, the City Council ("City Council") of the City declared itself to be the Commissioners of the Authority pursuant to the Law. 2-41 Housing commission, created.

Pursuant to section 34291 of the Law, a governing body of a city which has declared itself to be the commissioners of a housing authority may, by ordinance, create a housing commission.

A housing commission is created and established. Such housing commission may be known and referred to as the "Needles Housing Commission" or the "Housing Commission." 2-42 Members.

The Housing Commission shall consist of five (5) members who shall be qualified electors of the City. Two (2) of the members shall be appointed as tenants of the Authority and one (1) of the tenant appointments shall be over sixty-two (62) years of age if the Authority has tenants over that age. If a tenant appointment to the Housing Commission ceases to be a tenant of the Authority, he or she shall be disqualified from being a member and another tenant of the Authority shall be appointed by the City Council to the remainder of the unexpired term. The successor to a tenant appointment shall be a tenant of the Authority. 2-43 Appointments.

The members of the Housing Commission shall be appointed by the Council pursuant to section 900 of the City Charter, as may be amended from time to time. 2-44 Term.

Each member of the Housing Commission shall serve a four (4) year term and shall otherwise be subject to the terms of membership pursuant to section 902 of the City Charter. 2-45 Vacancies.

Vacancies on the Housing Commission shall be filled by appointment by the City Council pursuant to section 905 of the City Charter.
2-46 Regular meetings.

Regular meeting days of the Housing Commission shall be determined by resolution of the Housing Commission, except that the Housing Commission shall meet at least once each month. As set forth in section 904 of the City Charter, all proceedings shall be open to the public. 2-47 Duties.

The Housing Commission shall have the power and be required to review and make recommendations on all matters to come before the Authority prior to Authority action, except emergency matters and matters which the Housing Commission, by resolution, excludes from the Housing Commission's review.
2-48 Procedures for review and recommendation-Further functions.

Before a matter is acted upon by the Authority, the matter shall be submitted to the Housing Commission for its review and recommendation. Within thirty (30) days after a matter is submitted to the Housing Commission for its review and recommendation, the Housing Commission shall make and file its report thereon with the Authority. If the Housing Commission does not report upon the matter within thirty(30) days after its submission by the Authority, the Housing Commission shall be deemed to have waived its review and recommendations concerning the matter and the Authority may thereafter approve the matter without the report of the Housing Commission. From time to time, the City Council may, by ordinance or resolution, amend the procedures set forth in this section or provide for additional procedures for review and recommendation, and for further functions of the Housing Commission. 2-49 Records.

Accurate and permanent records of the acts of the Housing Commission shall be kept, and such records shall have the same status as records of other administrative departments of the City.
2-50 Organization.

The Housing Commission shall elect one of its members as chairperson and such election shall be held as soon as practicable after each new term commences. The Housing Commission shall adopt such rules and regulations as it deems necessary to provide for its other officers and their method of selection, and for other matters relative to its work and administration. Minutes, resolutions and official records of the Housing Commission shall be filed with the City Clerk. 2-51 Compensation and reimbursement.

Members of The Housing Commission shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council.

City of Needles, California
Request for City Council Action
cg] CITY COUNCIL □ NPUA
Meeting Date: March 14, 2023
D Regular D Special
Title: City Treasurer
Background: Karen "Kippy" Poulson has resigned as City Treasurer. She was appointed by Council August 13, 2013 and has served tirelessly.

Charter Sec. 701 reads in part that the city treasurer shall be appointed by affirmative votes of at least four members of the council.

Charter Sec. 711 City treasurer
The city treasurer shall have power and shall be required to:
(a) Receive all taxes, assessments, license fees and other revenues of the city, or for whose collection the city is responsible, and receive all taxes or other money receivable by the city from the county, state or federal government, or from any court, or from any office, department, or agency of the city. (b) Have custody of all public funds belonging to or under control of the city or any office, department or agency of the city government and deposit all funds coming into his hands into such depository as may be designated by resolution of the council, or, if no such resolution be adopted, then in such depository designated in writing by the city manager, and in compliance with all of the provisions of the state constitution and laws of the state governing the handling, depositing and securing of public funds.
(c) Disburse moneys on warrants in the manner provided for in this Charter. (d) Prepare and submit to the director of finance monthly written reports of all receipts, disbursements and fund balances, copies of which reports shall be filed with the city manager.
(e) Perform such other duties consistent with this Charter as may be required of him by ordinance or resolution of the council.

Recommended Action: Accept the resignation of Karen "Kippy" Poulson as City Treasurer and direct staff to come back with a recommended replacement.

Submitted By: City Clerk Dale Jones, CMC
City Management Review: _______ _
Approved: □ Not Approved: □ Tabled: □

Date: ------
Other □
Agenda Item: \0

City of Needles, California
Request for City Council Action
~ CITY COUNCIL □ NPUA ~ Regular D Special
Meeting Date:

Title:

March 14, 2023
City Council Ordinance No.659-AC [AMENDED]
An Ordinance of the City Council of the City of Needles Amending the Needles Municipal Code (NMC)
Background: State planning and zoning law (California Government Code Section 65000 et seq.) requires all counties and cities in California to outline a plan for its longterm growth and development through a planning document called a general plan. The general plan acts as a "constitution" for development and is the jurisdiction's lead legal document in relation to growth, development, and resource management issues.

Development regulations (e.g., zoning) are required by law to be consistent with the general plan.

State law also directs jurisdictions to update their general plan as needed to reflect updates in conditions and to reflect changes in state law. While the City recently updated its Housing Element, the bulk of the Needles' General Plan was last updated in 1986 and needs a thorough review and revision. Much has changed over the past 37 years, with some changes presenting challenges and other changes presenting opportunities.

The City was able to obtain over $350,000 in state grants to conduct, review and update its Land Use and Transportation Elements: a $204,000 grant from the California Department of Transportation (Transportation) and $150,000 in grant funds from the Department of Housing and Community Development (Land Use). These grants also covered the necessary activities to update the City Code to maintain consistency between the General Plan and Zoning. Other portions of the General Plan will be updated as necessary in future years.

On February 15, 2023, the Planning Commission held a public hearing for the proposed Land Use and Transportation Elements. Public testimony was received, and the Planning Commission unanimously recommended the Land Use and Transportation Elements to the City Council for approval.

On February 28, 2023, the City Council held a public hearing for the proposed Land Use and Transportation Elements. Public testimony was received, and the City Council provided staff direction to assign a land use designation that will not impact the Elks Lodge from future expansion and allow for a tower above 50 feet on their parcel. City Staff recommends the parcel be a R-1 designation which will allow for a 50 ft tower and the permissible use table be amended to allow lodges with a conditional use permit.

Analysis: The City's Land Use and Transportation Elements represent the core of the General Plan and were the most important to update first. These elements designate how land is to be used and developed, position the City for greater economic development, prioritize public and private investments, and structure how people and goods move within Needles.

The draft Land Use and Transportation Elements update the City's long-term policy plan. These elements not only comply with changes in state law to reflect current conditions and opportunities, but also improve the quality of life and economic prosperity for Needles' residents and businesses. The new elements consolidate the two most important topics of the General Plan into a single, streamlined document that contains a new Citywide Vision and revised goals, policies, actions, tables, and maps.

Some of these changes include the following:
-An updated land use map that promotes a compatible mix of land uses that concentrates growth into areas served by infrastructure, provides the flexibility to accommodate a wide range of development opportunities, and maximizes proximity to and the health of the Colorado River and surrounding desert environment;
-An increased number of land use and zoning designations that allow a wide range of housing types (both single-use and mixed-use);
-The addition of explicit density and intensity standards that promote a wide range of development options while ensuring compatibility with surrounding neighborhoods;
-The establishment of a Downtown Core and new street design for Broadway to encourage a vibrant and pedestrian-friendly downtown atmosphere; -An expansion and formal designation of bicycle and pedestrian facilities to facilitate safe and enjoyable movement through Needles for people of all ages; -An update to the roadway network that accommodates growth without increasing the burden of building or maintaining larger roads; and -A clarification on the desired truck network to safely and efficiently move goods through the City.

Additionally, City staff is proposing to consolidate both its General Plan Map and Zoning Map into a "single-map" system where there is one set of land use categories to regulate development. The City currently maintains two maps to regulate land use: one to reflect General Plan land uses and another to represent Zoning Districts. Consistency between these two maps is required but can be difficult to maintain. With the passage of Senate Bill 1333 in late 2018, all jurisdictions in California (including charter cities) must maintain consistency between the General Plan and Zoning maps. 2 A "two-map" system can be helpful in very large jurisdictions where the range of land uses and densities can vary substantially, and a simplified General Plan map of a dozen land use designations can be helpful to guide the implementation of dozens of zoning districts. In Needles, however, the number and nature of land use categories in the current General Plan and Zoning documents are roughly the same but are largely distinct simply because of naming conventions. Instead, a single Land Use and Zoning Map will offer a more clear and efficient way of managing land use and development for all.

Changes to various sections of the Zoning Code related to permitted uses and development standards are proposed to implement and ensure consistency with the proposed Land Use and Transportation Element. The primary focus is on expanding and facilitating development options in the General Commercial (C2) Zone, especially the Downtown Core.

Finally, Article VII, Section is proposed to be replaced in its entirety with a reference to state law. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated.

However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 150 v. City of San Diego, 74 Cal. App. 5th 755 (2022) on amenities and site design).

Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, proposed changes would incorporate and defer to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), to ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained.

On February 15, 2023, the Planning Commission unanimously approved the General Plan Updates. The following sections of the General Plan Land Use and Transportation Element were updated based on Planning Commission Recommendations: Policy TR1.6 "Roadway Configuration", Action TR-6 "Off Highway Motor Vehicles", expanded the Downtown Core.

Public Engagement: The City conducted a variety set of activities to communicate with the general public and key stakeholders over the past two years. After an initial distribution of a project fact sheet, City staff conducted a community survey and a set of stakeholder interviews, including local businesses, financial institutions, the development community, and public service providers, to identify key issues and opportunities for change.
3 Upon considering the resulting input and conducting an analysis of economic and market conditions, the City presented a wide range of information and ideas for consideration at an in-person Open House in November 2021 at the Needles Recreation Center. The materials presented included maps of existing conditions and visual depictions of strategies to attract new development, enhance the downtown area, improve streets, pedestrian/bicycle facilities, and create new business opportunities.

Over 100 people of all ages attended this Open House and engaged with City staff and the consultant team to identify their thoughts and responses to ideas on how to change land use and transportation planning in Needles. A second Open House was conducted in March 2022 at City Hall to focus on potential strategies and new zoning to stimulate activity and economic development for Downtown Needles. Approximately 20 individuals attended to voice their desires to commemorate and advance the revitalization of the downtown area.

The City also conducted tribal notification and consultation through direct communication with the Native American Heritage Commission, consistent with state law (AB 52 and SB 18). Finally, the City conducted all mandated public distribution and review activities associated with the Mitigated Negative Declaration/Initial Study, prepared in compliance with CEQA guidelines.

Information on the community open houses was placed in the local newspaper, on the City's website, and posted at City Hall, at the City Council chamber facility, and other conspicuous locations throughout the City at least two weeks prior to the event.

Additional notification was communicated through utility inserts.

Public Notification: The public hearing notice for the project, which included a description of the project and information regarding the public comment period, was posted at the City's Planning Department, the City Library, and the City Clerk's office. The notice was also published in the Needles Desert Star on Wednesday, February 1, 2023.

Additionally, every property owner was mailed a notification of potential land use change on January 28, 2023, with most receiving the notification by January 31, 2023.

Fiscal Impact: Facilitates creation of new housing and jobs, which will yield increase in sales and property tax revenue through higher property values, increased spending at current retail stores, and improved market viability to support additional retail stores.

Supported by existing infrastructure and facilities, additional development is expected to generate sufficient revenues to offset added costs for public services and ongoing maintenance over time. Also allows the City to process grant requests for funding projects within the City.

Environmental: Pursuant to CEQA, the City of Needles conducted an environmental review of the proposed updated Land Use and Transportation Elements and determined that the proposed project will not result in any potentially significant impacts that cannot be mitigated. Accordingly, along with updates to portions of the City Code and the Zoning Map, the City intends to adopt a Mitigated Negative Declaration/Initial Study (MND/IS) and Mitigation Monitoring and Reporting Program (MMRP). The Final MND/IS, which includes the MMRP, is attached to this report as Exhibit C. 4 The Draft MND/IS was distributed and circulated for public review on December 2, 2022, for a review period of 30 days as required by CEQA. During the public review period, one letter was received on the environmental document; that letter was from the County of San Bernardino, Department of Public Works, Environmental Management Division. The City fully responded to all comments in the Responses to Comments that was attached to the MND/IS and published in January 2023.

Recommendation: Approve Ordinance 659-AC Amending the Needles Municipal Code (NMC) Section 92.00 "Definitions" and Section 93.04 "Commercial Zones" and Section

96.01 'Table of Permissible Uses" and Section 98.00 "Site Dimensions" and Section

99.03 "Table of Minimum Dwelling Unit Floor Area" and Section 99.05 "Height of Structures. Table of Height Limits-Nonresidential Zones" and Section 99.06.02 "Common Usable Open Space Area" and Section 99.06.05 "Front, Side, Rear yards.

Table of Yards Required- Nonresidential Zones" and Section 99.06.09 "Courts" and Section 111.04.27 "Downtown Core Parking Requirements" and Section 12A-6 "Regulations Applicable to Retail Cannabis Businesses" and Section 12A-7 "Regulations Applicable to Cultivation Facilities" and Section 12A-9 "Regulations Applicable to Manufacturing Sites" and Section 12A-10 "Regulations Applicable to Testing Laboratories" and Section 12A-11 "Regulations Applicable to Distribution/Transportation Facilities" and Updating the Land Use Map and Rescinding Ordinance 620-AC Article VII Intensity of Uses and Replacing.

Submitted By:

Approved □
Patrick Martinez, Assistant City Manager/Development Services Colin Drukker, Placeworks, Inc
Not Approved: □ Tabled: □ Other: □
Agenda Item: _ \____:__::~"-----'-- -
5 ORDINANCE 659-AC

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEEDLES,

CALIFORNIA, AMENDING THE NEEDLES MUNICIPAL CODE (NMC) SECTION

92.00 "DEFINITIONS" AND SECTION 93.04 "COMMERCIAL ZONES" AND SECTION 96.01 "TABLE OF PERMISSIBLE USES" AND SECTION 98.00 "SITE DIMENSIONS" AND SECTION 99.03 "TABLE OF MINIMUM DWELLING UNIT FLOOR AREA" AND SECTION 99.05 "HEIGHT OF STRUCTURES. TABLE OF HEIGHT LIMITS-NONRESIDENTIAL ZONES" AND SECTION 99.06.02 "COMMON USABLE OPEN SPACE AREA" AND SECTION 99.06.05 "FRONT, SIDE, REARY ARDS. TABLE OF YARDS REQUIRED- NONRESIDENTIAL ZONES" AND SECTION 99.06.09 "COURTS" AND SECTION 111.04.27 "DOWNTOWN CORE PARKING REQUIREMENTS" AND SECTION 12A-6
"REGULATIONS APPLICABLE TO RETAIL CANNABIS BUSINESSES" AND SECTION 12A-7 "REGULATIONS APPLICABLE TO CULTIVATION
FACILITIES" AND SECTION 12A-9 "REGULATIONS APPLICABLE TO MANUFACTURING SITES" AND SECTION 12A-10 "REGULATIONS
APPLICABLE TO TESTING LABORATORIES" AND SECTION 12A-11
"REGULATIONS APPLICABLE TO DISTRIBUTION/TRANSPORTATION
FACILITIES" AND UPDATING THE LAND USE MAP AND RESCINDING ORDINANCE 620-AC ARTICLE VII INTENSITY OF USES AND REPLACING [AMENDED)
WHEREAS, the City of Needles ("City") is required by California Government Code Section 65302 to adopt and maintain a General Plan, as defined therein; and WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it is deemed to be in the public interest; and WHEREAS, the City last completed a comprehensive update to its General Plan in 1986; and
WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; and
WHEREAS, the Land Use and Transportation Elements are two of the seven Statemandated General Plan chapters or "elements" and are a component of the City's General Plan; and
WHEREAS, changes to various sections of the Zoning Code related to permitted uses and development standards are proposed to implement and ensure consistency with the proposed Land Use and Transp01tation Element Exhibit "A"; and
WHEREAS, an updated land use map that promotes a compatible mix of land uses that concentrates growth into areas served by infrastructure, provides the flexibility to accommodate a wide range of development opp01tunities, and maximizes proximity to and the health of the Colorado River and surrounding desert environment Exhibit "B"; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated Negative Declaration/Initial Study ("MND/IS") and accompanying Mitigation Monitoring Reporting Program ("MMRP") was prepared analyzing all phases and potential impacts of the Project. The MND and MMRP are attached hereto and incorporated herein as Exhibit "C"; and WHEREAS, the MND/IS was distributed and circulated for public review on December 2, 2022, for a review period of 30 days as required by CEQA. The 30-day comment period was extended to January 3, 2023 to allow for review and comments from state and local agencies. During the public review period, one letter was received on the environmental document; that letter was from the County of San Bernardino, Department of Public Works, Environmental Management Division. The City fully responded to all comments in the Responses to Comments attached to the Final MND/IS and published in January 2023; and
WHEREAS, copies of the Responses to Comments were distributed to those parties that commented on the document during the review period; and WHEREAS, as contained here, the City has endeavored in good faith to set forth the basis for its decision on the proposed Project; and
WHEREAS, the City has endeavored to take all steps and impose all conditions necessary to ensure that impacts to the environment would not be significant; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and WHEREAS, the City Council has reviewed the MND, Initial Study, and all other relevant information contained in the record regarding the Project; and · WHEREAS, Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions ( e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 150 v. City of San Diego, 74 Cal. App. 5th 755 (2022) on amenities and site design); and
WHEREAS, Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants ( e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained; and WHEREAS, on February 14, 2023, at a regularly-scheduled City Council meeting, a study session was held and the public was afforded an opportunity to comment on the Project and the MND/IS, and the Planning Commission discussed and considered the Project and the MND/IS; and
WHEREAS, on February 15, 2023, the Needles Planning Commission approved RESOLUTION NO. 02-15-2023 PC recommending City Council approval of an Ordinance amending the City Code and Land Use Map associated with the General Plan Update; and WHEREAS, a public hearing notice for the Needles City Council meeting was published in the Needles Desert Star 10 days prior to said meeting and property owners were notified; and WHEREAS, the Needles City Council has sufficiently considered all testimony and any documentary evidence presented to them in order to make the following determination.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Needles, California, approves an amendment to the City Code as follows set for herein:

SECTION 1. Recitals. The recitals above are hereby incorporated by reference as a substantive component of this Ordinance.

SECTION 2. Compliance with CEQA. As the advisory body to the City Council, the Planning Commission has independently reviewed and considered the information contained in the MND/IS, and administrative record, on file with the City and available for review at the City offices located at 817 Third Street, Needles, California. The Planning Commission has recommended and the City Council hereby finds that the MND/IS have been completed in compliance with CEQA and the State CEQA Guidelines.

SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve an amendment to the Needles Municipal Code (NMC), attached as "Exhibit "A" along with the updated land use map attached as "Exhibit B".

SECTION 4. The City Council HEREBY APPROVES Ordinance 659-AC for an amendment to the Needles Municipal Code (NMC) as set forth in Exhibit "A" along with the updated land use map attached as "Exhibit B".

SECTION 5. This action shall become final and effective 30 days after this decision by the City Council as provided by the Needles City Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Needles, California, held on the 28th day of February 2023, by the following roll call vote:

AYES:

NOES
ABSENT

ABSTAIN
Attest:

Mayor
City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 14th day of March 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
(Seal) Attest:

City Clerk
Approved as to form:

City Attorney
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis -Amendments Draft/ Exhibit "A" Amendments to City Code
A. Section 92.00 Definitions
Downtown Core. The "Downtown Core" is defined by the following boundaries: from the west side of H Street to the east side of D Street and extending to the north side of Front Street (including El Garces) or Quinn Court, and to the south side of 3rd Street, as depicted in the General Plan. This area is intended for a pedestrian- and experience-oriented downtown that serves as a local gathering place and regional destination.

Mixed-use residential. A "mixed-use residential" development contains a mix of residential and nonresidential uses that are vertically and/or horizontally integrated into a single building or on a single project site. If there is more than one building proposed, all buildings are designed to be internally accessible by pedestrians.

B. Section 93.04 Commercial Zones
(c) C-2 General Commercial Zone. This zone is generally intended to accommodate a wide range of commercial uses that are compatible with and integrated alongside residential uses. The Downtown Core area is intended to foster a pedestrian- and experience-oriented environment through a blend of commercial, high density residential, and mixed-use residential development. Permitted residential density is eight (8) to thirty (30) units per net acre.

C. Section 96.01 "Table of permissible uses"
Zones: Rl R2 R3 CRR Cl C2 C3 Ml M2 p

1.00 RESIDENTIAL

1.20.1 Single Family, 1 du/ lot z z z z

1.20.2 Single Family, 2 du/ lot z z z z

1.30.1 Accessory Dwelling Units z z z z z

1.30.2 Junior Accessory Dwelling z z z z z Units .

1.30.3 Manufactured & Tiny Homes z z z z z

1.40 Primary with accessory s z z z apartment

1.50 Duplex z z z z

1.60 Multifamily apartments z C z

1.62 Multi-Family Apt-Conversion C C

1.70 Multifamily townhomes z C z

1.75 Multifamily condos z C z

1.80 Mobilehome parks C C s

1.85 R.V. parks C C s C

1.90 Planned residential development C C C C

1.95 Mixed-use residential*** C
03/14/2023 Page 1 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" Zones: Rl R2 R3 CRR Cl C2 C3 Ml M2 p

5.00 EDUCATIONAL, CULTURAL, RELIGIOUS, PHILANTHROPIC, SOCIAL, FRATERNAL USES

5.10 Elementary and secondary
schools (including associates C C C z grounds and athletic and other facilities)

5.11 Trade or vocational schools C C C s z z

5.12 Colleges and universities C C s z

5.20 Churches, synagogues and
temples (including associated
residential structures for C C C s s z religious personnel and educational facilities within the
same structures)

5.21 New construction at churches,
synagogues and temples C
(including educational facilities)

5.30 Libraries, museums, art galleries,
art centers and similar uses C C C s s z z z
(including associated educational
and instructional activities)

5.31 Located within a building
designed and previously
occupied as a residence or within
s s s s z s z
a building having a gross floor
area not exceeding 3,500 square
feet

5.32 Located within any permissible s s s s z z z
structure

5.40 Social, fraternal clubs and lodges, ~ C C C s s z union halls; and similar uses * S Applications that do not comply with the criteria for ministerial review are subject to the review and approval of the Planning Commission through a Special Use Permit w/o a public hearing ** Manufactured homes are only permitted in the C-2 zone in a multifamily format. Tiny homes are only permitted in the C-2 zone as ADUs.
*** Mixed-use residential develo(;!ment intensity is regulated by a floor-area-ratio (FAR) maximum as dictated in the General Plan, with both residential and nonresidential sguare footage combined. The sguare footage of structured (;!arking is excluded from the FAR calculation. Residential density maximums do not a(;!(;!ly to mixed-use residential (;!rojects. 03/14/2023 Page 2 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" D. Section 98.00 Site dimensions.

For corner lots in single-family residential zones, the minimum lot area shall be increased by five hundred (500) square feet and the minimum lot width shall be increased by ten (10) feet over the amounts shown in this table. Lot depth shall not be more than three times the lot width. (Ord. No. 427-AC, (part).)
For residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the R-3 zone. For mixed-use residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the CRR zone. The maximum density for any residential or mixed-used residential project shall be 30 dwelling units to the acre.

E. Section 99.03 "Table of minimum dwelling unit floor area" Minimum Gross Floor Area (square feet per dwelling unit) 0 Bedroom 1 Bedroom 2 Bedroom
Zone Unit Unit Unit 3 Bedroom Unit
R-1 and CRR zones 900 1,000 1,100 1,200
R-2 zone 550* 800 950 1,050
R-3 and C-2 zones 550* 650 800 950
C-2 zone, Downtown Core/ 450* 600* 800 900
elderly housing in any zone
* multifamily units
Note: Each additional bedroom beyond 3 requires an additional 100 square foot minimum to the gross floor area.
03/14/2023 Page 3 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis -Amendments Draft/ Exhibit "A" F. Section 99.05 Height of Structures.

Height Limits - Residential zones
Maximum Height
Zones Type of Building Maximum Height
Rl Main building 2 stories or 35 feet,
whichever is less
R2, R3 Main building 3 stories or 45 feet,
whichever is less
Height Limits - Nonresidential zones
Maximum Height
Within 50 Feet More than 50 Feet
Zones of any Residential Zone from any Residential Zone C1,C2,C3 Nonresidential uses: 1 story or 15 feet, No height restrictions whichever is less. No higher than average
height of neighboring structures
Residential or mixed-use residential uses:
4 stories or 45 feet, whichever is less.

Ml, M2 20 feet. No higher than average height of At any point the height shall not be neighboring structures more than 35 feet plus 1 foot for each foot of horizontal distance in excess of
50 feet from the nearest residential
zone
G. Section 99.06.02. Common usable open space area.

For all multi-family residential uses, the open area provided shall include common usable open area of at least two hundred (200} square feet per dwelling unit for the first twenty (20) dwelling units, plus one hundred fifty (150) square feet per dwelling unit for the next twenty (20) dwelling units, plus one hundred (100} square feet per dwelling unit for each additional dwelling unit. The minimum dimensions of such common usable open area shall be ten (10) feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension. (Ord. No. 427-AC, (part).) For stand-alone multi-family residential uses built in the Downtown Core, the amount of common open space required shall be reduced by 50 percent. For multi-family residential uses built as part of a mixed-use residential development in the Downtown Core, the amount of common open space required shall be reduced by 75 percent. 03/14/2023 Page 4 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" H. Section 99.06.05. Front, side, rear yards. "Table of yards required - nonresidential zones" Side Yard or Rear Yard
Abutting Property in Abutting Property in
Zone Front Yard Abutting a Street Residential Zone Non-residential Zone C-1 0' 5' 10' 0'
C-2 0' 0'*/5' 10' 0'
C-3 0' 5' 10' 0'
M-1 0' 5' 25' 0'
M-2 0' 5' 25' 0'
* No setback required in Downtown Core
I. Section 99.06.09. Courts.

In the CRR, R-2 and R-3 zones, where the arrangement of a building or buildings on the same lot creates a court (an open space surrounded on all sides by buildings, but not necessarily completely enclosed), such court shall contain a rectangular open area at least thirty (30) feet by forty (40) feet in horizontal dimensions. (Ord. No. 427-AC, (part).) This standard shall also apply to multifamily and mixed-use residential development in the C-2 zone.

J. Section 111.04.27 Downtown Core parking requirements. [NEW SUBSECTION] For uses proposed in the Downtown Core, the number of off-street parking spaces may be reduced by the Planning Commission, provided the following conditions are met:
(a) The applicant submits written documentation in the form of a parking study or other documentation that the number of spaces to be provided will be sufficient to meet the needs of their residents, residents' guests, employees, and customers. (b) The applicant proves that the amount of off-street parking to be reduced will be provided through public parking spaces that are routinely available in a parking lot/garage or onstreet spaces that are within 400 feet walking distance from a pedestrian entrance to the use.
(c) Additional reductions may be approved through the provisions of Section 11.04.09, Parking ratios for a combination of entities.

K. Section 12A-6 Regulations Applicable to Retail Cannabis Businesses. (W) The Retail Cannabis Business shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is 03/14/2023 Page 5 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Retail Cannabis Business is located.

L. Section 12A-7 Regulations Applicable to Cultivation Facilities. (H) The Cultivation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Cultivation Facility is located.

M. Section 12A-9 Regulations Applicable to Manufacturing Sites. (F) The Manufacturing Site shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Manufacturing Site is located.

N. Section 12A-10 Regulations Applicable to Testing Laboratories. (D) The Testing Laboratory shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Testing Laboratory is located.

O. Section 12A-11 Regulations Applicable to Distribution/Transportation Facilities. (D) The Distribution/Transportation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park 03/14/2023 Page 6 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Distribution/Transportation Facility is located.

Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 1S0 v. City of San Diego, 74 Cal.

App. 5th 755 (2022) on amenities and site design).

Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained.

Article VI I. Intensity of Uses
Ord 427-AC, 620-AC
Sec. 97 .00. Residential zone densities with no bonuses.

Before any density bonuses are applied, the number of dwelling units permitted in a residential development shall not exceed the following amounts:

DENSITY (dwelling units per net acre)

1.0-7.0

8.0-17.0
ZONE
R-1
R-2
R-3
CRR

18.0-30.0

1.0-30.0
(Ord. No. 427-AC)
Sec. 97.01. Density Bonus and Related Incentives and Concessions Program.

Sec. 97.0l(a). Purpose. The purpose of this Section 97.01 is to encourage the development of affordable housing in accordance with state law.

Sec. 97.0l(b). State law incorporated. The City shall provide the density bonuses and other incentives that are required by Government Code Section 65915, et seq. (known as the State Density Bonus Law). 03/14/2023 Page 7 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" Sec. 97 .0l(c). Definitions. The definition of terms shall be as provided in Government Code Section 65915, et seq. In addition, the following definitions shall control over any conflicting definitions in other Sections of the Needles Municipal Code. State law definitions, as they may be amended from time to time, control over the definitions in this section.
(1) Affordable Housing Benefits means one or more the of the following, as defined in Government Code Section 65915, et seq.:
a) A density bonus;
b) An incentive or concession;
c) A development standard waiver or modification; and
d) A parking standard modification.
(2) Affordable Housing Developer means the applicant or permittee of a Qualified Housing Development and its assignees or successors in interest.
(3) Qualified Housing Development means a housing development that meets the requirements of Government Code Section 65915, et seq.

Sec. 97.0l(d). Target Rents and Mortgage Payments. Target rents and Mortgage payments shall be as provided in Government Code Section 65915, et seq.

Sec. 97.0l(e). Affordability Requirements. The affordability requirements shall be as provided in Government Code Section 65915, et seq.

Sec. 97.0l(f). Application Required. When an applicant seeks a density bonus for a Housing Development that meets the criteria set out in Government Code Section 65915, et seq., the Affordable Housing Developer must also comply with all of the following requirements:
(1) The applicant shall file an application for a Density Bonus Permit in accordance with Sections 97.0l(f) and 97 .0l(g) that includes an affordable housing component consistent with Government Code Section 65915, et seq., whether or not the project also requires or has been granted a special use permit or other permits or approvals.
(2) Enter into an agreement with the City or its designee pursuant to Section 97.0l(k) to maintain and enforce the affordable housing component of the housing development. (3) When an applicant seeks a density bonus for a development or for a donation of land, the applicant bears the burden of establishing that the housing development meets such requirements.

Sec. 97.0l(g). Content of Application.
(1) The application for a Density Bonus Permit shall include the following information in accordance with Government Code Section 65915, et seq.:
(a) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, and the location, design, and phasing of all units; (b) A breakdown of the current and proposed general plan and zoning designations, maximum possible density permitted under the current general plan and zoning; (c) In applications involving the donation of land and/or child care facilities, the location of such land and/or facilities and a detailed description of compliance with the conditions and definitions in state law;
(d) A calculation of the density bonus allowed pursuant to state law, including the percentage of density bonus, percentage of income-restricted units, and number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan description;
(e) A description of the density bonus and/or the incentives or concessions requested (if any), 03/14/2023 Page 8 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" including a detailed explanation as to how the request will enable the applicant to provide housing at the target rents or mortgage payments. Except as explicitly stated in state law, modification of development standards and/or granting of incentives or concessions will be approved only to the extent necessary to achieve the target housing affordability goals; (f) The proposed method of ensuring the continued affordability of all income-restricted units, for the applicable time period(s) in state law;
(g) Other relevant information as required by state law; and (h) Other information requested by City staff, provided it pertains to cost reductions. (2) An application for a Density Bonus permit will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with other required entitlements for which the Affordable Housing Benefit is sought. Prior to the submittal of an application for a Qualified Housing Development, an applicant may submit to the Director a preliminary proposal for Affordable Housing Benefits. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response. Approval of a Density Bonus permit shall be at the same level as the planning entitlement action for the project with the highest requirement.
97 .0l(h) Findings for Approval.
(1) Before the Planning Commission or City Council may grant a density bonus, it must make all of the following findings:
(a) As required by state law, the City shall grant a density bonus in accordance with Government Code Section 65915 et seq.;
(b) As required by state law, the City shall grant an incentive or concession in accordance with Government Code Section 65915 et seq., unless the City makes any of the findings contained therein; (2) Effect on other actions. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval; (3) Other City incentives. This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirement, except as otherwise provided by state law. 97 .0l(i) Appeals.
(1) If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Director, any person may appeal the decision. The appeal shall be in writing, state the grounds for appeal, and shall be filed with the City Clerk within 15 calendar days of the date of the mailing of the Director's decision, together with the appeal fee adopted by resolution of the City Council. The decision of the hearing officer shall be final.
(2) If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Planning Commission, then an appeal may be filed to the City Council. (3) Notwithstanding the provisions of Section 97.0l(k), if the determination of the underlying application for the Qualified Housing Development is also appealed along with the decision of the Affordable Housing Benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.

Sec. 97.0l(j). Fees.
(1) An application for Density Bonus Permit shall be accompanied by the fee set by resolution of the City Council, including fees necessary to monitor and enforce the provisions of this Section. (2) If an application for a Density Bonus Permit requires an unusual amount or specialized type of study 03/14/2023 Page 9 of 10
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "A" or evaluation by City staff, a consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

Sec. 97.0l(k). Affordable Housing Agreement and Equity Sharing Agreement. A Density Bonus shall only be granted if and when the Affordable Housing Developer, or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to, in compliance with, and to implement this Section and state law. The agreements shall be in the form provided by the City which shall contain terms and conditions mandated by, or necessary to implement, state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the Qualified Housing Development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.

Sec. 97.01(1). Severability. If any provision(s) of this Section or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of the ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, even though any one or more sections, subsections, clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.
03/14/2023 Page 10 of 10

City of Needles, California
Request for City Council Action
~ CITY COUNCIL O NPUA O RDA ~ Regular D Special
Meeting Date:

Title:

Background:

March 14, 2023
Letter of Support for Legislation AB 462 and SB 63
Shannon Dicus, San Bernardino County Sheriff' has requested letters of support from the City for AB 462 and SB 63.

Every year during the legislative cycle, the Sheriff supports and opposes various legislation affecting public safety in Washington, DC, and Sacramento (attached).

S.B. 63 (Ochoa-Bogh) - This legislation would establish two new grant programs for counties to develop and expand homeless and mental health courts and financial grant opportunities to county sheriffs and jail administrators. Funding would provide programs to reduce homelessness among inmates who are released from custody.

A.B. 462 (Ramos) - This legislation would create a pilot program in San Bernardino, Riverside, and Orange counties to establish and implement overdose response teams of law enforcement officers to combat the ongoing opioid crisis in San Bernardino County communities.

Recommendation: Approve Letter of support of AB 462 and SB 63 Submitted By: Patrick Martinez, Assistant City Manager/Development City Management Review: ~ CY Date: ~{i:{~~
Approved: □ Not Approved □ Tabled: □ Other: □
Agenda Item:

SHANNON D. DICUS, SHERIFF-CORONER
February 14, 2023
The Honorable James Ramos
Califomia State Assembly
1021 0 Street, Suite 8310
Sacramento, California 95814
Subject: Letter of Support AB 462: Overdose Response Teams Dear Assemblymember Ramos,

ERNARDINO
UNTY
The San Bernardino County Sheriff's Department is proud to support your measure, Assembly Bill 462, This bill would authorize the Counties of San Bernardino, Riverside, and Orange to create a pilot project establishing and implementing law enforcement overdose response teams to combat the ongoing opioid crisis.

In recent years, Fentanyl, a powerful, cheaply produced synthetic opioid, has flooded the illicit drug market. Due to the strength ofFentanyl, determining dose size is notoriously difficult for users, leading to an increase in the likelihood of an overdose, There have been many notable cases of individuals purchasing substances believing them to be cocaine, methamphetamine, or a prescription pill, only for that substance to be laced with a dangerous quantity ofFentanyl that the user unknowingly ingests.

AB 462 would create overdose response teams within Sheriffs Departments to investigate fentanylrelated fatal and nonfatal overdoses involving juveniles and multiple victims. These teams would collect evidence for potential criminal activity. The passage of AB 462 would ensure that law enforcement thoroughly investigated overdose deaths and eliminate concerns from victims' parents and family members.

For the above reasons, I am pleased to support AB 462 and urge the passage of this safety measure.

Please get in touch with my Legislative Liaison, Lieutenant Julius McChristian ([email protected]), or me ifwe can be of any assistance on this matter.

Sincerely,
--.--M-" . <. ·--- ---- . ' ' ~ -
__ -:··---·'
Sharman Dicus, Sheriff-Coroner
San Bernardino County Sheriff's Department
Cc: Assembly Public Safety Committee
Assembly Member Reginald Jones-Sawyer, Chair
Assembly Member Juan Alanis, Vice Chair

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
655 East Third Street • San Bernardino, California 92415-0061 Post Office Box 569 • San Bernardino, California 92402-0569 SHANNON D. DICUS, SHERIFF-CORONER
February 14, 2023
The Honorable Rosilicie Ochoa Bogh
California State Senate
1021 0 Street, Suite 7220
Sacramento, California 95814
Subject: Letter of Support SB 63: County Grant Programs for Collaborative Com1s and Re-Entry Dear Senator Ochoa Bogh,
The San Bernardino County Sheriff's Department is proud to support your measure, Senate Bill 63. This bill would establish two new grant programs for counties to develop or expand homeless and mental health courts and provide grants to county sheriffs and jail administrators to fund programs to reduce homelessness among inmates released from custody.

Since 201 I, the number of California inmates deemed incompetent to stand trial and ordered to state hospitals increased by 60 percent, as almost 1 in 3 inmates have a documented severe mental illness.

Today, more than 90 percent of state hospital patients come from the criminal justice system. When people in a psychiatric crisis land in emergency rooms and jails, most of the time, it's because they can't get treatment in the community. SB 63 will provide grants for a mental health court and fund programs that provide resources for the homeless and individuals with mental illness. These programs and courts will also work to ease plison and jail crowding by getting people into treatment instead of placing these individuals in jail, thus reducing the chances of recidivism due to untreated mental illness.

For the above reasons, I am pleased to support SB 63 and urge the passage of this measure. Please get in touch with my Legislative Liaison, Lieutenant Julius McChristian ([email protected]), or me ifwe can be of any assistance on this matter.

Sincerely,
Shannon Dicus, Sheriff-Coroner
San Bernardino County Sheriff's Department
Cc: Senate Public Safety Committee
Senator Aisha Wahab, Chair
Senator Rosilicie Ochoa Bogh, Vice Chair
SAN BERNARDINO COUNTY SHERIFF'S DEPARlMENT
655 East Third Street • San Bernardino, California 92415·0061 Post Office Box 569 • San Bernardino, California 92402·0569