(ACT) ACTION NEEDED
(INF) INFORMATION ONLY
(DIS) DISCRETIONARY
AGENDA
REGULAR MEETING OF THE CITY COUNCIL
NEEDLES PUBLIC UTILITY AUTHORITY
HOUSING AUTHORITY CITY OF NEEDLES
CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
TUESDAY, DECEMBER 10, 2024
CITY COUNCIL MEETING – 6:00 PM
THE 5:00 PM EXECUTIVE SESSION PORTION OF THE MEETING HAS BEEN MOVED TO THE
END OF THE REGULAR CITY COUNCIL MEETING
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: 560 727 654# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 560 727 654# The meetings are being recorded.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
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
Oath of Office
Mayor Jernigan will give the Oath of Office to Interim City Clerk Candace Clark PUBLIC APPEARANCE - Persons wishing to address the NPUA / 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
(A ten-minute time limit per presentation has been established per Municipal Code Section 2-18.)
1. Mojave Desert Air Quality Management District presentation by Jorge Camacho
RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING
PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS
A three-minute time limit per person has been established.
NPUA / COUNCIL 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 NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 2 through 6 on the Consent Calendar by affirmative roll call vote (ACT)
2. Authorize a Joint Use of Poles between the City of Needles and the Fort Mojave Indian Tribe Telecommunications Inc. for Eagle Pass Road and Needles Highway
3. Adopt the City of Needles Renewable Energy Resources Procurement Plan dated December 11, 2024
4. Authorize the City Manager to execute the Parker-Davis Voluntary Reduction Agreement
5. Accept the annual report to the California Energy Commission Power Content Label for the year ending December 31, 2023
6. Accept Change Order #2 to the Design-Build Contract with Pacific Hydrotech Corporation for the Well 11 Treatment Facility project resulting in an increase to the contract in the amount of $163,078.25 for a new total contract amount of $6,261,085.91; and authorize staff to execute said Change Order.
END OF NPUA CONSENT CALENDAR
ADJOURN THE JOINT NPUA/COUNCIL MEETING AND RECONVENE THE CITY COUNCIL MEETING (Roll Call Previously Taken)
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS
A three-minute time limit per person has been established.
COUNCIL 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 threeminute time limit per person applies. RECOMMENDED ACTION: Approve Items 7 through 11 on the Consent Calendar by affirmative roll call vote. (ACT)
7. Approve the Warrants Register through December 10, 2024
8. Approve the Minutes of November 12, 2024
9. Waive the reading and adopt Ordinance 669-AC of the City Council of the City of Needles, California, Amending Chapter 15A, Recreation Area Use, of the Needles Municipal Code to Modify Section 15A-3 to Update Recreation Area Closing Hours and Add Section 15A-7.1, Entitled Pump Track Regulations (2nd Read Adopt)
10. Waive the reading and Adopt Ordinance 670-AC of the City Council of the City of Needles, California, Amending Chapter 15A of the Needles Municipal Code to Add Section 15A-7.2, Entitled 'Splash Pad Area Regulations. (2nd Read Adopt)
11. Authorize the City Manager to Execute a Memorandum of Understanding Between the City of Needles and Rio Buena Vista Homeowners Association
END OF COUNCIL CONSENT CALENDAR
REGULAR COUNCIL ITEMS
12. Adopt Resolution 2024-45 Reciting the Fact of the General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law. (ACT) Administer Oath of Office and deliver Certificate of Election to re-elected Mayor Janet Jernigan, reelected Council Members Ellen Campbell and Tona Belt; and newly elected Council Member Zachery Longacre.
Presentations to outgoing Vice Mayor Kirsten Merritt
Break
Seating of New Council Member
ROLL CALL
Selection of the Vice Mayor
NEW REGULAR COUNCIL ITEMS
13. Interviews / appointments to fill vacancies on various Boards and Commissions due to the expiration of terms. (ACT)
14. Authorize those interested to attend the League of California Cities Mayor and Council Member Academy January 29-31, 2025 in Anaheim/Garden Grove. (ACT)
15. Waive the reading and approve for introduction Ordinance 671-AC of the City Council of the City of Needles, California, Adding Sec.15A-7.3 to Chapter 15A of the Needles City Code Setting Regulations for the use Of the Graffiti Art Wall. (1st Read) (ACT)
16. Approve the Real Estate Purchase and Sale Agreement with BNSF Railway Company for a Portion of APN 0185-091-14 for Eagle Pass Road Right-of-Way in an amount NTE $7,500 and authorize staff to execute said agreement. (ACT)
17. Waive the reading and adopt Resolution 2024-47 prioritizing and approving the dollar amount of Needles eligible projects for the Community Development Block Grant Funding in fiscal year 2025-2026 (ACT)
CITY ATTORNEY REPORT
CITY CLERK REPORT
CITY MANAGER REPORT
City Manager's Report for the weeks of November 22 and November 29, 2024.
COUNCIL REQUESTS
Council Member Campbell
Council Member McCorkle
Vice Mayor Merritt
Council Member Pogue
Council Member Belt
Council Member Longbrake
Mayor Jernigan
PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS A three-minute time limit per person has been established.
RECESS TO EXECUTIVE SESSION
EXECUTIVE SESSION
a. Conference with legal Counsel regarding pending litigation pursuant to Government Code Section 54956.9(d)(1). One Case: Brown v. Needles (Case No (Case 5:23-cv-01118-ABSSC) b. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1). One Case: City of Needles v. Adrian Chavez (Case No.
CIVSB2431838)
c. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One potential Case.
EXECUTIVE SESSION REPORT - by City Attorney
ADJOURNMENT
INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: http://www.cityofneedles.com Posted: December 6, 2024
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 133. 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 6th day of December 2024
/s/ Candace Clark, CPMC, CMC, Interim City Clerk Mojave Desert AQMD
An Introduction
Presentation to the
Needles City Council
Our Mission and Activities
December 10, 2024
Agenda Item 1.
What is an air district?
Mojave Desert AQMD: An Introduction
• Regional control of air pollution from
non-vehicular sources.
• Body corporate, political and public entity of
state; an “Independent Special District.”
• Regulatory agency with general authority to
adopt “Rules & Regulations” to achieve and
maintain air quality.
• Required to do such acts as are necessary and
proper” to execute the power and duties as
imposed by law.
Agenda Item 1.
Mojave Desert AQMD: An Introduction
An AQMD’s Regulatory Authority
California Air Resources
Board
U.S. Environmental
Protection Agency
Agenda Item 1.
Mojave Desert AQMD: An Introduction
California’s 35 Air Districts
Agenda Item 1.
Mojave Desert AQMD: An Introduction
About Our District
• Regional agency with primary authority to regulate
stationary sources of air pollution.
• Geographically, second largest air district in California at more than 20,000 square miles, including: — Most of San Bernardino County (desert portion) — Palo Verde Valley in Riverside County
• 1,450+ permitted facilities
• 4,700+ active permits
• Population served: 600k (approx.)
Agenda Item 1.
Mojave Desert AQMD: An Introduction
About Our District
Inyo County
Nevada
Arizona
Kern
County
Los Angeles
County
San Bernardino County Riverside
County
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Our Governing Board
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Our Executive Director
Brad Poiriez, Executive Director/Air Pollution Control Officer Agenda Item 1.
Mojave Desert AQMD: An Introduction
District Organization
Executive Director
/Air Pollution Control Officer
Public
Information
Officer Deputy Air
Pollution Control
Officer
Compliance
Manager
AQS II
AQS II
AQS II
AQS I
AQS I
AQS I
AQS I
Planning/
Air Monitoring
Supervisor I
AQI Technician II
AQI Technician II
AQ Planner I
AQ Planner I
Permit
Engineering
Manager
AQE II
AQE II
AQE I
AQE I
AQE I
AQE I
Support Services
Supervisor I
Grants
Specialist I
Grants
Specialist I
Technology
Specialist
Technology
Specialist
Human Resources
Supervisor I
Records Mgmt.
Specialist
Office Assistant
Finance Manager
Fiscal Specialist II
Fiscal Specialist I
Fiscal Specialist I
Senior Executive
Analyst -
Confidential
FULL TIME (FTE) = 36
Total = 36
Updated 3/4/2024
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Air Monitoring
Barstow:
Ozone
Nitrogen Dioxide
PM10
Hesperia:
Ozone
PM10
Trona:
Ozone
Nitrogen Dioxide
Hydrogen Sulfide
PM10
Victorville:
Ozone
Nitrogen Dioxide
PM10 & PM2.5
Measured pollutants
PM: Particulate Matter
Lucerne Valley:
Ozone
PM10
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Low-cost Purple Air sensors
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Not just another air district…
• Most business friendly air district in the state.
• Among lowest permitting fees in California.
• Streamlined/expedited permit application process:
— 1 on 1 assistance from knowledgeable, accessible staff. • Compliance through education
— Industry and staff workshops;
— Classroom and career fair visits by Public Information staff; — Regular outreach with stakeholders, chambers of commerce, etc. • Less-stringent regulations than neighboring air districts. • Inclusive, common sense approach to air quality regulation. • Advocate progressive New Source Review reforms & innovative emission credit trading structures. • Lead sponsor agency of the Mojave Environmental Education Consortium, a public-private nonprofit organization which links High Desert educators with quality, standards-based environmental education resources, free of charge.
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
• Grant funds that provide incentives to both public
and private sectors to reduce emissions by retiring and replacing older equipment with newer, cleaner engine
technologies.
• Provide enforceable,
surplus, and
quantifiable and
permanent emission
reductions.
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
The Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program) provides grant funding for cleaner-than-required engines, equipment, and other
sources of air pollution.
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding-Carl Moyer
Carl Moyer
Types of Projects
• On-Road Heavy Duty Vehicles
• Off-Road Compression-Ignition Equipment
• Locomotives
• Zero-Emission Infrastructure
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
FARMER Program
• Funding Agricultural Replacement Measures for Emission Reductions (FARMER) • Primarily focused on agricultural equipment (tractors, harvesting equipment, agricultural pumps, other equipment used specifically in agricultural operations) Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
Community Air Protection Program
• Created by AB 617 passed by the state Legislature in 2017, CAPP provides incentives to both public and private sectors to reduce emissions by retiring and replacing older equipment with newer, cleaner engine technologies in communities most impacted by pollution.
• 11 zero-emission school bus replacements
• Zero-Emission infrastructure required for the buses
• 2 forklifts
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
Apple Valley Unified
School District
Lucerne Valley Unified
School District
Adelanto Elementary
School District
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
VAVR
• Voluntary Accelerated Vehicle Retirement program pays $1,000 for qualifying (model year 1997 or older) car, van or light- and medium-duty trucks.
Electric Vehicle charging stations
• Seven EVC stations available for free, 24/7 public use at MDAQMD headquarters in Victorville. Continuing to develop EVC infrastructure throughout jurisdiction. Past funded stations located in Apple Valley, Barstow, Blythe, Needles and Yucca Valley.
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grants/incentive funding
Lawn and Garden Equipment Exchange
• Annual program to purchase zero-emission electric lawn equipment at discounted price (requires trade-in of working gas equipment).
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Grant funding in action
• $4 million in Carl Moyer funding to replace off-road equipment and fund zero-emission infrastructure projects.
• $3 million in Direct FARMER allocations to replace agricultural equipment.
• $4 million in CAPP funds to replace diesel school buses with zeroemission alternatives. • Lawn & Garden Residential Equipment Exchange Program
(1650 pieces exchanged in 2024).
Agenda Item 1.
Mojave Desert AQMD: An Introduction
Questions?
Brad Poiriez
Executive Director/Air Pollution Control Officer
[email protected]
Martial Haprov
Public Information Officer
[email protected]
Jorge Camacho
Support Services Supervisor
[email protected]
Agenda Item 1.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Authorize a Joint Use of Poles between the City of Needles and the Fort Mojave Indian Tribe Telecommunications Inc. for Eagle Pass Road and Needles Highway
Background: The NPUA currently has active Joint Pole Agreements with Frontier Communications and Route 66 broadband to connect to electric power poles throughout the city. The Joint Pole Agreements allow the communications companies access to install communication services above ground rather than directly buried. The Joint Pole agreement is an agreement whereby each party has the right to attach to and occupy space on a power pole.
Currently, the power poles within the city cannot handle additional weight from communications lines.
The Fort Mojave Indian Tribe’s Telecommunications Inc. has requested approval to utilize NPUA power poles to cross two areas to increase their service. The first location is Eagle Pass Road where the NPUA has two poles that cross BNSF tracks and the second is on Needles Highway to cross a San Bernardino County flood control area.
The recommended action is to authorize the Fort Mojave Indian Tribe Telecommunications Inc. to a Joint Pole Agreement for only the two proposed locations. The agreement also only permits the applicant to apply for the power poles by an anchor and does not authorize drilling into the poles which may impact the integrity of the pole.
The Board of Public Utilities approved the recommended action on December 3, 2024.
Fiscal Impact: Slight increase of electric revenue increased annually by a cost-of-living adjustment (COLA)
Environmental Impact: N/A
Recommended Action: Authorize a Joint Use of Poles between the City of Needles and the Fort Mojave Indian Tribe Telecommunications Inc. for Eagle Pass Road and Needles Highway
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 2.
LICENSE AGREEMENT
FOR THE JOINT USE OF POLES
BETWEEN
CITY OF NEEDLES, CALIFORNIA
AND
FORT MOJAVE TELECOMMUNICATIONS, INC.
FOR
TC ATTACHMENT TO CITY POLES
AGREEMENT NUMBER _________________ COPY NUMBER __________ Agenda Item 2.
i
AGREEMENT
BETWEEN
CITY OF NEEDLES, CALIFORNIA
AND
FORT MOJAVE TELECOMMUNICATIONS, INC.
FOR
TC ATTACHMENT TO CITY POLES
__________________________________________________________________
TABLE OF CONTENTS
SECTION TITLE PAGE
1 PARTIES ……………………………………………………………………..... 1
2 RECITALS ………………………………………………………………………. 1
3 ENTIRE AGREEMENT …………………………………………………….. 1
4 SECTION HEADINGS AND DEFINITIONS …………………………. 2
5 SCOPE OF AGREEMENT …………………………….………………….. 3
6 SPECIFICATIONS ………………………………………………….………... 4
7 ESTABLISHING JOINT USE OF NEW POLES AND
CONTINUING JOINT USE OF EXISTING POLES ………………… 4
8 RIGHT OF WAY FOR LICENSEE’S ATTACHMENTS ……………. 6
9 COSTS …………………………………………………………………………… 6
10 ABANDONMENT OF JOINT USE POLE ………………………….... 7
11 POLE ATTACHMENT FEES ……………………………………………… 8
12 DEFAULT IN PERFORMANCE OF WORK ……………………….... 9
13 OTHER USES ………………………………………………………………….. 9
14 ASSIGNMENT OF RIGHTS …………………………………………….... 10
15 WAIVERS OF TERMS AND CONDITIONS …………………………. 10
16 PAYMENT OF TAXES ……………………………………………………... 10
17 BILLS AND PAYMENT FOR CONSTRUCTION WORK ………... 10
18 PLACES OF BUSINESS …………………………………………………….. 11
19 LIABILITY AND DAMAGES ……………………………………………... 11
20 TERM OF AGREEMENT ………………………………………………….. 12
Agenda Item 2.
ii
SECTION TITLE PAGE
21 DISPUTES ……………………………………………………………………. 12
22 INSURANCE ………………………………………………………………… 13
23 GOVERNING LAW AND VENUE ……………………………………. 13
24 SEVERABILITY ……………………………………………………………… 13
25 EXECUTION AND EFFECTIVE DATE ………………………………. 13
APPENDICES AND EXHIBITS
APPENDIX A INSURANCE 15
APPENDIX B JOINT USE POLE REQUEST ACCOUNT REPORT 17
EXHIBIT 1 APPLICATION FOR POLE LICENSE 18
EXHIBIT 2 NOTIFICATION OF TERMINATION OR MODIFICATION 19 EXHIBIT 3 MEMORANDUM FOR THE JOINT USE OF POLES 20 EXHIBIT 4 JOINT USE REQUEST LOCATION MAP 21
Agenda Item 2.
1 MASTER AGREEMENT
FOR THE JOINT USE OF POLES
BETWEEN
CITY OF NEEDLES, CALIFORNIA
AND
FORT MOJAVE TELECOMMUNICATIONS, INC.
___________________________________________________________________
1. PARTIES
The Parties to this Master License Agreement are Citizens utilities rural company, a California Corporation, doing business as Fort Mojave Telecommunications, Inc. hereinafter referred to as “License”, and the City of Needles, California, a California Municipal Corporation, hereinafter referred to as “City”.
2. RECITALS
2.1. The Parties of this agreement desire to establish a procedure of terms and conditions for the joint use of their respective poles, when and where joint use shall be mutual advantage.
2.2. The conditions determining the necessity or desirability of joint use depend upon the service requirements to be met by both Parties, including considerations of safety and economy, and each of them shall be the judge of what the character of its circuits shall be to meet its service requirements and as to whether or not these service requirements can be properly met by Joint Use of Poles.
3. ENTIRE AGREEMENT
This Agreement embodies the entire understanding between the Parties and shall supersede all prior contract, representations, negotiations, or letters pertaining to the subject matter of this Agreement, whether written or oral. The parties shall not be bound by or liable for any statement, representation, promise, inducement, or understanding of any kind not set forth herein, and this Agreement shall only be modified by an amendment signed by both parties.
This Agreement includes all documents attached hereto and incorporated herein by reference.
Agenda Item 2.
2 4. SECTION HEADINGS AND DEFINITIONS
Section headings in this Agreement are for convenience only, and are not to be construed to define, limit, expand, interpret or amplify provisions hereof. When initially capitalized in this Agreement, or amendments hereto, the following words or phrase shall have the meanings specified:
Added Height – The additional height of Joint Use Polesrequired by either Party to meet codes or construction standards.
Agreement – This agreement, including all referenced documents, between the Parties for the Joint Use of Poles.
Anchor(s) – An anchor and associated anchor rod.
Attachments – Wires, cables, lamp fixtures, guy wires, and all other apparatus, fixtures or appurtenances of either Party, (excluding anchors) now or hereafter attached to poles
City ‐ City of Needles, California
Joint Use – The placing and maintaining of attachments of both Parties upon one or more poles or anchors.
Joint Use Anchor – An anchor and associated anchor rod to which guy wires of both Parties are attached in order to support the pole and the various Attachments of the Parties thereon.
Joint Use Memorandum(s) – Forms(s) substantially in the form as set forth in Exhibits 1, 2, 3 and 4 attached hereto, exchanged between the Parties to notify each other of Joint Use construction to be performed, changes in pole use, and other related communication.
Joint Use Pole – A pole agreed upon by the Parties to be for Joint Use.
Joint Use Request Account Record – A form that summarizes and reports all joint use Licenses granted to Licensee and associated fees.
Licensee – The Party other than Owner who Desires to place or has placed its facilities on Owner’s pole or anchor.
Other User – A third party other than Owner or Licensee who desires to place or has its facilities on a Joint Use Pole.
Owner – The Party who owns the pole and anchor.
Agenda Item 2.
3 Residential Structural Value – The current installed cost of facilities involved less applicable depreciation for time of service.
Standard Attachment Height – A point on a pole at a height above ground level which complies with State and Federal Regulations, National Electric Safety Code and Industry practices.
Standard Joint Use Pole – A forty (40) foot, Class Five (5) wood pole as covered by American National Standards Institute (ANSI) specifications and dimensions for wood poles.
5. SCOPE OF AGREEMENT
5.1. This agreement shall apply to all poles of each of the Parties now existing or hereafter erected in the City of Needles and surrounding area, and mutually agreed upon for Joint Use by the Parties. Any pole may be excluded from Joint Use, including;
5.1.1. Those which in the Owner’s judgement are or will be necessary for its own sole use.
5.1.2. Those which carry, or are intended by the Owner to carry, circuits of such a character that in the Owner’s judgement the proper rendering of its service now or in the future makes joint use of such poles undesirable.
5.2. Poles agreed upon for Joint Use shall be so designed by the form as s set forth in Appendix B, JOINT USE POLE REQUEST ACCOUNT REPORT which shall become a part of this Agreement and subject to the terms hereof.
5.3. All communication hereunder, including but not limited to notices, applications, responses, etc., between the Parties shall be by Joint Use Memorandum(s), Exhibits 1, 2, 3 and 4, except for billing or Agreement amendments or notifications as provided for in the Agreement.
5.4. No use, however extended, of any Joint Use Pole under this Agreement shall create or vast in Licensee and ownership or property rights therein, but Licensee’s rights therein shall be and remain a license, which as to any particular pole, or poles, may be terminated at any time by Owner upon reasonable notice to Licensee; and Licensee shall remove its Attachments from said pole or poles before the expiration of said notice; provided, however, the Owner shall not terminate Licensee’s use of any pole or poles without reasonable and just cause. Nothing herein contained shall be construed to compel Owner to maintain any pole, or poles for a period longer than demanded by its own service requirements
Agenda Item 2.
4 6. SPECIFICATIONS
6.1. Construction, installation, maintenance and repair of Joint Use Poles and all electric and communication circuits located thereon shall be in accordance with the National Electric Safety Code, as adopted by California Public Utilities Commission, National Electric Code as adopted by the City of Needles, the California Occupational Safety and Health Act (Cal OSHA), the southern California Joint Pole Committee Joint Pole Practices and Routine, the rules and regulations of any governing authority having jurisdiction over the subject matter of this Agreement, and requirements Owner may from time to time prescribe, and this Agreement. Where a difference in standards may exist, the more stringent shall apply. Each Party hereby agrees to indemnify and hold harmless the other Party from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including any attorney’s fees and/or litigation expenses, arising out of its failure to comply with this provision.
6.2. Licensee shall, at its own expense, make and maintain its Attachments in a safe condition, in a manner acceptable to Owner and in conformance with the provisions of section 6.1. Such Attachments shall be made and maintained so as not to conflict with the use ofsaid poles by Owner or other authorized users orinterfere with otherfacilities which may from time to time be placed thereon. In the event of such interference, Licensee shall at its own expense, upon fifteen (15) working days’ notice from Owner, relocate or replace its facilities upon said poles, or transfer them to substitute poles, or perform any other work in connection with said facilities that may be required by Owner to remove such interference.
7. ESTABLISHING JOINT USE OF NEW POLES AND CONTINUING JOINT USE OF EXISTING POLES
7.1. Whenever either Party requires new poles within the common service territory either as (i) new pole lines, (ii) extensions of existing pole lines, (iii) interest poles in existing pole lines, or (iv) replacements of existing poles, and desires to establish such poles as Joint Use Poles, it shall promptly notify the other Party and submit with such notice, its plansshowing the proposed locations and character of the new poles and the character of the circuits it desires to place thereon. In the event of an emergency, verbal notice is acceptable but must subsequently be confirmed by a Joint Use Memorandum(s) and accompanying Joint Use Request Location Map and any additional drawings within twenty (20) calendar days. Within twenty (20) calendar days afterreceipt ofsuch notice, the other Party shall approve, modify or reject said Joint Use, and shall sign the Joint Use Memorandum(s) in the spaces provided and return same day to the requesting Party.
7.2. Whenever either Party desires to place or reserve for placing its attachments on any pole owned by the other Party, either when initially installed or atsome later date,such Party shall make written application specifying the location of the pole in question, the amount of space desired, the attachment point desired, if different from the Standard Agenda Item 2.
5 Attachment Height, and the number and character of the circuits to be place thereon.
Within twenty (20) calendar days after receipt, Owner shall approve, modify or reject said Joint Use. Upon receipt of notice from Ownerthatsaid Joint Use has been approved and after completion of any modifications required to accommodate such Attachments on said pole, including and necessary pole replacements, Licensee shall have the right for use of said pole for attachments and circuits of the character specified, in the amount of space specified, and at the Standard Attachment Height unless otherwise specified.
7.3. In the event Owner determines that any pole to which Licensee desires to make Attachmentsisinadequate or otherwise needsrearrangements or rework to support or accommodate the facilities of Licensee in accordance with section 6, SPECIFICATIONS, Owner will indicate the changes necessary to provide adequate pole space and estimated cost to Licensee. If Licensee desires that such changes be made and so notifies the owner, Owner will make or will arrange for making of such changes, including the replacement of inadequate poles, and Licensee shall pay Owner in the manner provided in section 9, COST.
7.4. Cost incurred in connection with establishing Joint Use of new poles shall be borne by the Parties in the manner provided in section 9, COST.
7.5. Except, as herein otherwise expressly provided, each Party shall place, transfer and rearrange its own Attachments, including any tree trimming or cutting incidental thereto, and shall always perform such work in a manner as not to interfere with the service of the other Party.
7.6. Licensee shall not have the right to place nor shall it place any equipment in addition to that initially authorized, upon any Joint Use Pole without first making application and receiving permission to do so. Nor shall Licensee change the position of any Attachments without Owners prior written approval. If either Party changes the character of its circuits resulting in an unsatisfactory or unsafe condition, that Party shall bear the total cost of corrective action or damages incurred by the other Party.
7.6.1. Anchors
7.6.1.1. Licensee may attach its guy wire to Owner’s existing Anchor where adequate capacity is available in accordance with the standards set forth in section 6.1. Licensee shall secure any necessary right‐of‐way therefor from the appropriate Owner.
7.6.1.2. Should Owner or Other User attached to the Anchor need, for its own service requirements, to increase its load on the Anchor to which Licensee is attached, Licensee shall, if necessary, either rearrange its guy wire on the Anchor or transfer it to a replacement Anchor, as determined Agenda Item 2.
6 by Owner in its sole discretion. The cost of such rearrangement and/or transfer and the placement of a new anchor orreplacement of an existing Anchor shall be paid by Licensee.
7.6.1.3. If Licensee does not rearrange or transfer its guy wire within Thirty (30) calendar days following the date of written notice from Owner regarding such requirement, Owner or Other User May perform the work involved and Licensee shall pay the full Cost thereof.
8. RIGHT‐OF‐WAY FOR LICENSEE’S ATTACHMENTS
Owner and Licensee will cooperate in obtaining permits or rights‐of‐way for both Parties on Joint Use Poles; however, before placing any Attachments, Licensee shall have complete responsibility for obtaining any public or private consents, grants or permits that may be necessary for the use by it of such poles, and when requested by Owner, shall furnish such consent, grant or permit for Owners Inspection. If objection is made by the property owner of the underlying fee, or the governing body in the case of public right‐of‐way, after Licensee’s Attachments have been placed on a Joint Use Pole, and Licensee is unable to satisfactorily resolve the matter within a reasonable time, Owner may upon notice in writing to Licensee, require Licensee to remove its Attachments from the poles involved, and Licensee shall, within thirty (30) calendar days after receipt of such notice, remove its Attachments from such poles at its sole expense.
9. COSTS
9.1. The cost of erecting new Joint Use Poles, whether as (i) new pole lines, (ii) extensions of existing pole lines, (iii) interest poles in existing pole lines, or (iv) replacements of existing poles, shall be borne by the Parties as follows:
9.1.1. A standard Joint Pole or Joint Use Pole smaller that a standard Joint Pole, shall be erected at the sole expense of Owner.
9.1.2. A Joint Use Pole larger than the standard Joint Pole, the Added Height or class of which is due wholly to Owner’s requirements, shall be erected at the sole expense of the Owner.
9.1.3. In the case where the Licensee requires a Joint Use Pole larger than the standard Joint Pole, either Added Height and/or class of the pole, the Licensee shall pay to the Owner a sum equal to the difference between the cost in place of such pole and the cost in place of a standard Joint Pole.
9.1.4. In the case of a Joint Use Pole larger than the standard Joint Pole, the Added Height and/or class of which is due to the requirements of both Parties, Licensee shall pay to Owner a sum equal to one‐half the difference between the cost in place of such pole and the cost in place of a standard Joint Pole.
Agenda Item 2.
7 9.1.5. I Joint Use Pole is taller, or of a larger class, than would otherwise be required must be used to meet the requirements of public authorities or of property owners, the cost entailed by such requirements in excess of those otherwise needed shall be divided equally between the Parties, unless the added costs are chargeable to the public authority or property owner who will then be billed by Owner for such addition costs.
9.1.6. Where an existing Joint Use Pole is replaced be a new Joint Use Pole solely for the benefit of Licensee, Licensee shall pay to Owner the Residual Structural Value in place of the replaced pole, plus the Owner’s transfer cost less plant betterment, plus the cost of removal, less the salvage value of the pole. Owner shall remove and retain such pole. If the replacement Joint Use Pole required by Licensee is larger than a Standard joint Pole in either Added Height or class, the Licensee shall pay the difference between the cost in place of such a pole and the cost in place of a Standard Joint Pole.
9.1.7 Where an interest Joint Use Pole is set by Owner at the request of Licensee, Licensee shall pay to Owner the cost in place of the interest pole and shall bear the cost of attachment to the new pole by both Parties.
9.2 Except as otherwise provided in the Agreement, the expense of maintaining Joint Use Poles shall be borne by Owner thereof, and each Party shall be responsible for maintaining, repairing, replacing and removing its Attachments.
9.3 The expense of tree trimming maintenance work, whether pertaining to the poles or to the placing or maintaining of Attachments shall be equitably divided between the Parties, as determined by the Owner.
10. ABANDONMENT OF JOINT USE POLES
10.1. If the Owner desires at any time to abandon any Joint Use Pole, it shall give Licensee notice to that effect at least thirty (30) calendar days prior to the date on which it intends to abandon such pole. If at the expiration of said period, Owner shall have no Attachments on such pole but Licensee shall not have removed all of its Attachments therefrom, such pole shall thereupon become the property of the Licensee, and Licensee shall defend and save harmless the former Owner of such pole from all obligations, liabilities, damages, cost, expenses or charges of any nature incurred thereafter; further, Licensee shall pay the former Owner a sum equal to the Residual Structural Value in place of such abandoned pole or such other equitable sum as may be agreed upon between the Parties. Credit, prorated based upon the remaining useful life of the pole, shall be allowed for any payment which Licensee may have made under the provisions of section 9, COSTS, when the pole was originally set.
10.2. Upon transfer of ownership, as set forth in Section 10.1, the former Owner, upon written request made within thirty (30) calendar days after receipt of notice of proposed abandonment, shall execute and deliver such instruments as may be Agenda Item 2.
8 necessary to grant, convey, and assign to the other Party its rights relating to the location, erection, use and maintenance of the abandoned pole.
10.3. Licensee may at any time abandon the use of a Joint Use Pole by giving notice to Owner as to date the pole is to be abandoned, removing Attachments, and notifying Owner of such removal by completion reportsubstantially in the form of Exhibit 2, NOTIFICATION OF TERMINATION OF MODIFICATION OF POLE ATTACHMENT LICENSE BY LICENSEE.
11. POLE ATTACHMENT FEE
11.1. The Annual fee for calendar year 2024 shall be $7.78 per pole.
11.2. The annual Attachment Fee shall be adjusted effective January 1 of each year. The amount of adjustment will be calculated by utilizing the National Consumer Price Index as follows:
11.2.1. The most recent published index numbers for the current year will be used as the fee adjuster to the next year’s Annual Attachment fee.
11.2.2. The percentage of change in the average index numbers will be applied to the current year’s Annual Attachment Fee, which will be effective January 1 of the next year.
11.2.3. The Annual Attachment Fee billings for the next year will be forwarded to Licensee by December 15 of each year.
11.3. For the initial calendar year of each new License, the Annual Attachment Fee shall be assessed at one‐half the annual rate set forth in Section 1.1 above, as of the effective date of the License, and shall not be refundable due to early termination of the License.
11.4. The total Annual Attachment Fees assessed as of the beginning of each calendar year shall be based upon the total number of pole attachments on record, times the Annual Attachment Fee effective for the calendar year. The total number of pole attachments on record shall be the number of pole attachments for which a License has been issued, as evidence by an approved APPLICATION FOR POLE LICENSE (Exhibit 1), or MEMORANDUM FOR JOINT USE OF POLES (Exhibit 3), or as they may be revised from time to time, less the number of pole attachments whose License has been terminated, as evidenced by a NOTIFICATION OF TERMINATION OR MODIFICATION OF POLE ATTACHMENT LICENSE BY LICENSEE (Exhibit 2), as of December 15 of the previous calendar year.
11.5. If any Attachments or facilities of Licensee shall be attached to any pole of Owner, which is not a Joint Use Pole, Owner without prejudice to its other rights or remedies under this Agreement may impose a Pole Attachment Fee for each of the preceding five years and may notify Licensee to remove such Attachments and facilities within thirty (30) calendar days thereafter. Said Pole Attachment Fee shall be computed for each of the Agenda Item 2.
9 five years pursuant to the applicable Pole Attachment Fee rate under Section 11. Any such fee imposed by Owner shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Owner with regard to said fee or said unlicensed use shall be deemed a ratification or licensing of the unlicensed use.
11.6. If Licensee fails to pay Pole Attachment Fees when due, Owner may, upon ten (10) calendar days prior written notice, terminate Licensee’s rights under this Agreement without prejudice to Owner’s rights under this Agreement, and remove Licensee’s Attachments from the poles of the Owner.
11.7. In the event any Joint Use Pole is abandoned by either Owner or Licensee pursuant to Section 10, ABANDONMENT OF JOINT USE POLE, Licensee shall not be entitled to any refund of Pole Attachment Fee payments.
12. DEFAULT IN PERFORMANCE OF WORK
If either Party shall default in the performance of any work which it is obligated to perform under this Agreement, the other Party may elect to perform or have performed such work, without incurring any liability for the manner or result thereof, and the Party in default shall reimburse the other Party for the full costs incurred.
13. OTHER USERS
13.1. Nothing contained in this Agreement shall be construed as affecting any right or privilege of any Other Users authorized, by contract or otherwise prior to execution of this Agreement, to use Joint Use Pole.
13.2. Any use of Joint Use Pole by any Other Users authorized subsequent to Execution of this Agreement, shall be subject to the following conditions:
13.2.1 Other Users’ Attachmentsshall not at any time disrupt or adversely affect Licensee’s service;
13.2.2 All make‐ready costs for Other Users’ Attachments shall be borne by Other Users, unless otherwise agreed by Licensee;
13.2.3. Other Users’ rights shall be subordinate to the rights of the Licensee;
13.2.4. Other Users’ Attachments shall be placed and maintained in accordance with the provisions of Section 6.1 of this Agreement.
13.3. For the purpose of this Agreement, Other Users’ Attachments shall be treated as Owners’ Attachments unless otherwise agreed between Owner and Licensee.
Agenda Item 2.
10 13.4. Upon transfer of ownership of Joint Use Pole from Owner to Licensee, any Attachments of Other Users shall become subject to the terms and conditions of Licensee’s contract with Other User’s and shall be deemed to have been authorized pursuant to said contract.
14. ASSIGNMENT OF RIGHTS
Except as otherwise provided in this Agreement, or as may be required by law, neither Party shall assign or otherwise dispose of any part of this Agreement, any of its rights or interests hereunder, any Joint Use Pole, or any Attachment or right‐of‐way covered by this Agreement, to any firm, corporation or individual, without the prior written consent of the other Party, provided, however, that nothing contained herein shall prevent orlimit the right of either Party to mortgage any or all of its property, rights privileges and franchises, or lease or transfer any of them to another corporation organized for the purpose of conducting business of the same general character as that of such Party, or to enter into any merger or consolidation. In case of the foreclosure of such mortgage, or in the event such lease, transfer, merger or consolidation, its rights and obligations under this Agreement shall pass to, and be acquired and assumed by the purchaser on foreclosure, the transferee, lessee, assignee or merging or consolidating company, as the case may be Any such approved assignment shall be for the benefit of and shall be binding on the assignor, the assignee and all future successors, and shall not relieve the assignor, assignee or future successors of any duties or obligations.
15. WAIVER OF TERMS AND CONDITIONS
The failure of either Party to enforce or insist upon compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the right to insist upon strict performance of this Agreement.
16. PAYMENT OF TAXES
Each Party shall pay all taxes and assessments lawfully levied on its own property attached to any Joint Use Pole. The taxes and assessments which are levied on a Joint Use Pole shall be paid by Owner, but any tax, fee or charge levied because of Licensee’s use of a Joint Use Pole shall be paid by Licensee.
17. BILLS AND PAYMENTS FOR CONSTRUCTION WORK
Upon the completion of construction performed hereunder by either Party, the expense of which isto be borne wholly or in part by the other Party, the Party performing the construction shall present to the other Party, within thirty (30) calendar days after the completion of such construction, an invoice for the amountsue, including an itemized statement of the costs. Such other Party shall pay the invoice amount within thirty (30) calendar days after receipt of the invoice.
Agenda Item 2.
11 18. PLACE OF BUSINESS
Whenever in this Agreement notice is provided to be given, application made or statement presented by either Party to the other, delivery thereof shall be to City of Needles, Customer Service Center, 817 Third Street, Needles, California 92363, or to Fort Mojave Telecommunications, Inc., 8490 Highway 95 #104, Mohave Valley, AZ 86440 , as the case may be, or to such other address as either Party may from time to time designate in writing for that purpose.
19. LIABILITY AND DAMAGES
Whenever any liability or damages are incurred by either Party or both ofthe Partiesforinjuries to employees, or for injury to the property of either Party, or for injuries to other persons or the property of other persons, arising out of the Joint Use of a Joint Use Pole or due to the proximity of the wires and fixtures attached to a Joint Use Pole, the liability between the Parties for such damages shall be as follows:
19.1. Each Party Shall indemnify and hold the other Party harmless from all damages for such injuries to persons or to property caused solely by each Party’s own negligence, caused solely by each Party’sfailure to comply at any time with applicable standards, or caused solely by that Part’s own equipment failures.
19.2. Each Party shall indemnify and hold the other Party harmless from all damages for injuries to its own employees and for damages to its own property either caused by negligence of both Parties or which cannot be shown to have been caused by the sole negligence of the other Party.
19.3. Each Party shall be liable for one‐half (1/2) of all damages for injuries to persons other than a Party’s own employees, and liable for one‐half (1/2) of all injuries to property not belonging to either Party, caused by the negligence of both Parties or which cannot be shown to have been caused by the sole negligence of either Party.
19.4. Where, on account of injuries of the character describes in the preceding paragraphs of this Section, either Party shall make paymentsto injured employees or to their relatives or representatives in conformity with the provisions of the Worker’s Compensation Act or any creating a liability in the employer to pay compensation for personal injury to an employee by accident arising out of and in the course of the employment, whether based on negligence on the part of the employer or not, or in conformity with any plan for employee’s disability benefits or death benefits now established or hereafter adopted by the Parties, such payments shall be construed to be damages within the terms of the preceding paragraphs and shall be paid by the Parties accordingly.
19.5. All claims for damages arising under this Agreement that are asserted against or affect both Parties shall be dealt with by the Parties jointly; provided, however, that in any Agenda Item 2.
12 case where the liability is to be shared and borne equally by the Parties and where the claimant desires to settle any such claim upon terms acceptable to one of the Parties but not the other, the Party to which said terms are acceptable may, at its election, pay to the other Party one‐half (1/2) of the expense which such settlement would involve, and thereupon said other Party shall be bound to protect the Party making such payment from all further liability and expense on account of said claim.
19.6. In the adjustment between the Parties of any claim of damages, the liability of the Parties shall include, in addition to the amounts paid to the claimant, all expenses incurred by the Parties which shall comprise costs, attorney’s fees, disbursements and other proper charges and expenditures.
19.7. Nothing contained in this Section shall be deemed to create any right or benefit for any third parties.
20. TERMS OF AGREEMENT
This Agreement and all licenses granted under this Agreement shall remain in effect until terminated by either Party at any time upon one year’s prior written notice to the other Party, or until otherwise terminated as provided in this Agreement.
21. DISPUTES
21.1. General – Any controversy or claim (except any claim for damages because of bodily injury including death at any time resulting therefrom, sustained by any person or persons, and except any claim for damages because of damage to or destruction of property) arising out of, or relating to this Agreement or its breach which may arise between License and City, and which is not resolved by the authorized representatives of the parties,shall be noticed in writing by the complaining party as provided in Section 15, SERVICE OF NOTICE. Such controversy or claim shall subsequently be reviewed and discussed between the appropriate officials of the City and the executive officers of Licensee as a condition precedent to any litigation or submittal to any other authority.
The initial meeting between representatives of City and Licensee shall take place within 30 days after the dispute arises.
21.2. Fee Disputes – In addition to the requirements of Section 16.1, any controversy or claim regarding the fees and charges established under this Agreement shall be settled by arbitration in Needles, California, in accordance with the rules then in effect of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. Licensee shall continue payment of all fees and charges when due and performance of all obligations under this Agreement, during any such period of controversy or claim.
21.3 Expenses – The prevailing party in any controversy or claim between City and Licensee shall be entitled to recover from the other party, in addition to any other recovery awarded, any reasonable attorney’s fees, litigation expenses, and/or arbitration Agenda Item 2.
13 expenses incurred by such prevailing party in connection with or incident to the controversy or claim. However, if City brings an action for declaratory relief to resolve a dispute involving Licensee, City shall be entitled to recover its attorney’s fees and litigation expenses.
22. INSURANCE
The Parties shall provide and maintain the insurance coverage and shall comply with the insurance requirements set forth in Appendix A, INSURANCE.
23. GOVERNING LAW AND VENUE
This Agreementshall be interpreted in accordance with the substantive and procedural laws of the State of California. Any action at law or judicial proceeding shall be instituted only in the state or federal courts of the State of California.
24. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable or illegal, then said provisions shall be severed from this Agreement and the remainder shall remain in full force and effect.
25. EXECUTION AND EFFECTIVE DATE
Each Party to this Agreement hereby represents and warrants that, (i) it has full authority to enter into this Agreement and to perform all responsibilities and obligations thereunder and that all necessary actions, if any, to authorize the execution, delivery and performance of this Agreement have been taken, (ii) the person executing this Agreement on its behalf has been duly authorized to execute this Agreement, and (iii) this Agreement constitutes legal, valid and binding obligations of such Party effective of the ____ day of ____________, 2024.
Agenda Item 2.
14 City of Needles, California
Fort Mojave Telecommunications, Inc.
BY: ____________________ BY: ____________________
TITLE: __________________ TITLE: __________________
DATE: __________________ DATE: __________________
ATTEST:
_________________________
City Clerk
Approved As To Form:
________________________
City Attorney
December 3, 2024
General Manager
Agenda Item 2.
15 APPENDIX A
INSURANCE
MASTER AGREEMENT
FOR THE JOINT USE OF POLES
BETWEEN
CITY OF NEEDLES, CALIFORNIA
AND
FORT MOJAVE TELECOMMUNICATIONS, INC.
1. Licensee shall provide and maintain, during the term and until all obligations under this Master License Agreement are satisfied, with forms and insurers acceptable to City, the following insurance coverages:
1.1. Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of its employees engaged in the performance of the work, and Employer’s Liability insurance with a minimum limit of ONE MILLION DOLLARS ($1,OOO,OOO).
1.2. Commercial General Liability insurance to cover with a minimum combined single limit of ONE MILLION DOLLARS ($1,000,000) each occurrence. The policy shall include coverage for bodily injury, broad form property damage liability (including Completed Operations), personal injury liability (including coverage for contractual and employee acts), blanket contractual, and products. Said policy shall contain a severability of interest provision. The product and completed operation coverage shall extend for two years past the termination of the Agreement.
1.3. Comprehensive Automobile Liability insurance with a combined single limit for Bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence with respect to Licensee’s vehicles whether owned, hired, or non‐owned, assigned to or used in connection with this Agreement.
1.4. If applicable, Aircraft Public Liability insurance covering fixed wing and rotorcraft Aircraft whether owned, hired or non‐owned with a combined single limit for bodily injury and property damage of not less than TWO MILLION DOLLARS ($2,000,000), including passenger liability coverage.
Agenda Item 2.
16 2. The policies required by Section 1.2, 1.3 and 1.4 herein shall be endorsed to include City, its officials and employees as additional insureds and shall stipulate that the insurance afforded for City, its officials and employees shall be primary insurance and that any insurance carried by the City, its officials or employees shall be excess and not contributory insurance.
3. Licensee and its insurers providing the required coverage shall waive all rights to recovery against City and their officials, employees, and agents.
4. Prior to the issuance of any License under this Agreement, Licensee shall furnish City with Certificated of Insurance as evidence that policies providing the required coverage, conditions, and limits are in full force and effect. The certificates shall identify the Agreement and provide that not less than thirty (30) day’s advance notice of cancellation, termination or alteration shall be sent directly to City addressed as follows:
City Manager / Public Utilities Manager
City of Needles
817 Third Street
Needles, CA 92363
5. City reserves the right to request and receive certified copies of any or all of the above policies and/or endorsements
6. City shall not, however, be obligated to review any of the Licensee’s certificates of insurance, insurance policies, and/or endorsements or to advise Licensee of any deficiencies in such documents, and any receipt of copies or review by City of such documents shall not relieve Licensee from or be deemed a waiver of City’s right to insist on strict fulfillments of Licensee’s obligations under this Appendix A.
7. The stipulation of insurance coverage in this Appendix A shall not be construed to limit or waive any liabilities or other obligations of Licensee to City, or any other Parties, in connection with this agreement.
(END OF APPENDIX A)
Agenda Item 2.
City of Needles
JOINT USE POLE REQUEST ACCOUNT REPORT
POLE NO LOCATION / DESCRIPTION TELEPHONE CABLE TERMINATION DATE Permit # Date Fee $ Permit # Date Fee $ Telephone Cable 17 EXHIBIT B
Agenda Item 2.
19 EXHIBIT 2
City of Needles
NOTIFICATION OF TERMINATION OR MODIFICATION
OF POLE ATTACHMENT LICENSE BY LICENSEE
To: City of Needles Application Number (NDS-JU-______)
817 Third Street Date: 20
Needles, CA 92363
Attn: Joint Pole Dept.
In accordance with the terms of the License Agreement effective ______________, 20 ____, notice is hereby given that the License covering attachments upon certain poles is TERMINATED MODIFIED as specified on the attached.
Licensee
Company
By
Signature
Title
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY USE BELOW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City of Needles Verification
Issued Date:
Assigned to: Dept:
Date equipment removed or terminated on modified poles
Date
Nearest Cross
Street, if app ;SEC ;T ;R POLE # NUMBER OF POLES ;SEC ;T ;R POLE # Total Modified Poles
Address if app ;SEC ;T ;R POLE # Total Poles Terminated ;SEC ;T ;R POLE # GRAND TOTAL
Agenda Item 2.
20 EXHIBIT 3
City of Needles
MEMORANDUM FOR THE JOINT USE OF POLES
LICENSEE OR JOINT POLE PARTICIPANT RECEIVING NOTIFICATION City of Needles Cable TV Telephone Other Company Name: ____________________ See Attached Drawings for Location, Engineering and Construction Specifications Description, Purpose, Necessity and Remarks:
T= Telephone C = Cable N = Needles
T C N T C N T C
Wishes to Use ____Poles Will Remove ____Poles Top ____Poles Will Vacant ____Poles Will Sell ____Poles Reframe ____Poles Will Install ____Poles Will Cancel J.U. ____ Poles Review Bonding Reqs Will Replace ____Poles Will Purchase ____Poles
BILLING INFORMATION STANDARD
BILLING
SPECIAL
BILLING
OTHER
BILLING
BILLING
ESTIMATE
__ To Bill _________ For $ ___________ $ $ $ $
__ To Bill _________ For $ ___________ $ $ $ $
__ To Bill _________ For $ ___________ $ $ $ $
COMPUTER NOTES POSTED P-EXHIBIT #s BILL #s
RESPONSE:
ORIGINATOR RESPONDENT
Nearest Cross
Street, if app ;SEC ;T ;R POLE #
;SEC ;T ;R POLE # DATE:
Address if app ;SEC ;T ;R POLE # POWER CONDUCTOR VOLTAGE ;SEC ;T ;R POLE # PHASE TO GROUND
BY: PHONE:
FOR: CO.
DATE COMPLETED:
JOB NO:
SUPERVISOR:
Signature Date
BY: PHONE:
FOR: CO.
DATE COMPLETED:
JOB NO:
SUPERVISOR:
Signature Date
Agenda Item 2.
EXHIBIT 4
City of Needles
JOINT USE REQUEST LOCATION MAP
From:
To:
Date: Request Number
Township, Range and
Section
Track Name, Number Street,
Address Work Description Work Required
If Additional Space is Required Attach Separate Drawing Page(s) Scale _______ 21
N
Agenda Item 2.
POLES
EXHIBIT 5
(i)cITY OF NEEDLES
Mapping Symbols
POLE----------------------------
POLE - JO!NTL Y USED---------------------
FOREJGN POLE - JO!NTL Y USED ----------------
FOREJGN POLE - NOTE FOR JOINT USE -------------
TRANSITION POLE - OVERHEAD TO UNDERGROUND
CUSTOMER'S POLE ------·--------------
METAL POLE
METAL TRANSITION POLE WITH INTERNAL CABLE DIP ------
POLE TO BE RELOCATED - DIRECTION AND DISTANCE SHOWN
TRANSFORMERS
1-10 KVA TRANSFORMER - POLE MOUNTED------------
30 BANK TRANSFORMER POLE MOUNTED
ALL FENCED VAULTS TO BE SHOWN WITH A DASHED SQUARE---
CUSTOMER OWNED - POLE MOUNTED-------------
CUSTOMER OWNED SUB (ON THE GROUND) ------------
PAD MOUNTED TRANSFORMER ----------------
PAD MOUNTED 30 TRANSFORMER---------------
SECTIONALIZER I PULLBOX------------------
SECONDAR Y HAND HOLE
STREET LIGHTS
STREET LIGHT FIXTURE ------------------
ORNAMENTAL STREET LIGHT ----------------
DUSK TO DAWN LIGHT --------------------
GUYS
1 GUY 1 ANCHOR
2 GUYS l DOUBLE - EYE ANCHOR----------------
3 GUYS 1 TRIPLE • EYE ANCHOR
2 GUYS 2 ANCHORS----------------------
3 GUYS 3 ANCHORS---------------------
3 GUYS J ANCHORS---------------------
SPAN GUY OR HEAD GUY-----------------
PUSH BRACE -----------------------
LfNETYPES
l WIRE---------------------------
2 WIRE----------------------------
3 WIRE---------------------------
4 WIRE----------------------------
SERVICE
ALL SECONDARY UNDERGROUND
22 Existing ProQosed
if 35 0 35-5
e·s '· 0 35-s
er35 e T35
X" Same
,35 Q,"
.. 35 Same
0" © 35
Q35C © 35C
Same 35 e-2+
A.10 L,. l 0
.A.2-25
38 L,_ 2-25
38 Same
.6os Same
f6) Same
IZSJ D
� Same
D Same
0 Sam-e
----::,_ .......
• 0
0 (�
0---3 c�·_.,.·-·�)
.....,,, (�>-)2
9-33 C�>--·? 3
e➔-, -C--:·-·�·-_:;
�
�, ()····:";,.:)
------'\r---
�:)-·•>;
Same
.,_ (
--
-..J_'_ ___
,_ ......
--··-- --···-- ---•··--
Agenda Item 2.
Fort Mojave Telecommunications, Inc.
Proposed Joint Pole Locations
Eagle Pass – BNSF Crossing
Needles Highway – Flood Control Crossing
Agenda Item 2.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Adopt the City of Needles Renewable Energy Resources Procurement Plan dated December 11, 2024
Background: California's RPS program was established in 2002 by Senate Bill (SB) 1078 (Sher, 2002) with the initial requirement that 20% of electricity retail sales must be served by renewable resources by 2017. The program was accelerated in 2015 with SB 350 (de León, 2015) which mandated a 50% RPS by 2030. SB 350 includes interim annual RPS targets with three-year compliance periods and requires 65% of RPS procurement to be derived from long-term contracts of 10 or more years. In 2018, SB 100 (de León, 2018) was signed into law, which again increases the RPS to 60% by 2030 and requires all the state's electricity to come from carbon-free resources by 2045.
The CPUC implements and administers RPS compliance rules for California’s retail sellers of electricity, which include large and small investor-owned utilities (IOUs), electric service providers (ESPs), and community choice aggregators (CCAs). The California Energy Commission (CEC) is responsible for the certification of electrical generation facilities as eligible renewable energy resources and for adopting regulations for the enforcement of RPS procurement requirements of public-owned utilities (POUs).
Long-Term Contract Requirement
Pursuant to Public Utilities (PUC) Code Section 399.13(b), CP 4, and subsequent CPs, includes a LongTerm Procurement Requirement requiring that 65% of an LSE’s RPS procurement shall be from long- term procurement. Long-term procurement refers to procurement from long-term contracts, ownership, or ownership agreements, as specified in Section 3204(d) of the RPS POU Regulations and further discussed in the Regulatory Advisory RPS POU 2022-09-21.
Optional Compliance Measures
Each POU should ensure its Optional Compliance Measures (OCMs), are up-to-date and have been adopted at a noticed public meeting of the governing board of the POU prior to the end of CP 4, consistent with RPS POU Regulations Section 3205 and 3206. OCM rules adopted under RPS POU Regulations Section 3206 shall be in place and described in a POU’s renewable energy resources procurement plan or enforcement program for a given compliance period if the POU intends to rely on these rules to satisfy or delay its RPS procurement requirements.
The Board of Public Utilities approved the recommended action on December 3, 2024.
Fiscal Impact: The renewable energy resources procurement plan establishes a cost limitation for procuring RPS. The cost limitation is set at the NPUA’s adopted fiscal year budget for RPS which is set at the adopted 10-year contract price. Any RPS procured outside of the ten-year long-term RPS contract have been determined would have a negative impact on the ratepayers.
Environmental Impact: All of the State of California’s electricity to come from carbon-free resources by 2045.
Recommended Action: Adopt the City of Needles Renewable Energy Resources Procurement Plan dated December 11, 2024.
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other: Agenda Item 3.
CITY OF NEEDLES
RENEWABLE ENERGY RESOURCES
PROCUREMENT PLAN
Compliance Period 4 (2021-2024)
December 11, 2024
Agenda Item 3.
TABLE OF CONTENTS
Section 1. Policy Statement .......................................................................................................... 3 Section 2. Definitions ................................................................................................................... 3 Section 3. RPS Enforcement Program ......................................................................................... 3 Section 4. Specified RPS Procurement Targets............................................................................ 3 Section 5. RPS Procurement Requirements................................................................................. 4 Section 6. RPS Procurement........................................................................................................ 4 Section 7. Forecast of Retail Sales and RPS Compliance Obligations........................................... 6 Section 8. Excess Procurement Rules........................................................................................... 7 Section 9. Delay of Timely Compliance Rules .............................................................................. 7 Section 10. Cost Limitation............................................................................................................ 8 Section 11. Delayed RPS Procurement .......................................................................................... 8 Agenda Item 3.
3 Section 1. POLICY STATEMENT
California Public Utilities Code § 399.30(a) requires all publicly owned electric utilities (“POUs”), including the City of Needles, to “adopt and implement a renewable energy resources procurement plan” that requires the POU to procure a minimum quantity of electricity and/or renewable energy credits (“RECs”) from eligible renewable energy resources, as a percentage of total retail sales.
This document comprises the renewable energy resources procurement plan (“RPS Procurement Plan”) for the City of Needles, operating through the Needles Public Utility Authority (“NPUA”).
This RPS Procurement Plan describes how NPUA will achieve its RPS procurement requirements in each compliance period.
Section 2. DEFINITIONS
The definitions set forth in Public Resources Code (“PRC”) § 25741 and Public Utilities Code (“PUC”) § 399.12 are incorporated herein. Capitalized terms in this RPS Procurement Plan, as first identified in parentheses, shall have the meaning given to such term in the body of this RPS Procurement Plan.
Section 3. RPS ENFORCEMENT PROGRAM
As required by PUC § 399.30, the Needles City Council (NPUA’s Governing Board) adopted the Renewable Energy Resources Enforcement Program (“RPS Enforcement Program”) on November 12, 2013. Through the RPS Enforcement Program, the Needles City Council established compliance periods, adopted RPS-eligible procurement targets, and described the framework for how NPUA would implement its RPS program.
Section 4. SPECIFIED RPS PROCUREMENT TARGETS
In the RPS Enforcement Program, the Needles City Council adopted general RPS procurement targets for each of the initial three compliance periods. Pursuant to PUC § 399.30(b) and (c), the Needles City Council adopts and further specifies the RPS procurement targets for Compliance Periods 4, 5, 6, and all subsequent three years periods as follows:
Compliance Period 4
For the four-year period beginning January 1, 2021 and ending December 31, 2024, NPUA shall procure sufficient RPS-eligible resources to equal the sum of the following: (35.75 percent of 2021 retail sales) + (38.5 percent of 2022 retail sales) + (41.25 percent of 2023 retail sales) + (44 percent of 2024 retail sales). NPUA shall not be required to procure a Agenda Item 3.
4 specific quantity of RPS-eligible resources in any individual year during this compliance period.
Compliance Period 5
For the three-year period beginning January 1, 2025 and ending December 31, 2027, NPUA shall procure sufficient RPS-eligible resources to equal the sum of the following:
(46 percent of 2025 retail sales) + (50 percent of 2026 retail sales) + (52 percent of 2027 retail sales). NPUA shall not be required to procure a specific quantity of RPS-eligible resources in any individual year during this compliance period.
Compliance Period 6
For the three-year period beginning January 1, 2028 and ending December 31, 2030, NPUA shall procure sufficient RPS-eligible resources to equal the sum of the following:
(54.67 percent of 2028 retail sales) + (57.33 percent of 2029 retail sales) + (60 percent of 2030 retail sales). NPUA shall not be required to procure a specific quantity of RPSeligible resources in any individual year during this compliance period.
Subsequent Three Year Compliance Periods
For each subsequent three-year compliance period, NPUA shall procure sufficient RPSeligible resources to equal an average of 60 percent of retail sales.
Section 5. RPS PROCUREMENT REQUIREMENTS
As described in NPUA's Enforcement Program, NPUA meets the criteria of PUC § 399.30(h).
Consistent with PUC § 399.30(h), as implemented by Section 3204(b)(4) of the Energy Commission's RPS Regulations. A POU that meets the criteria of PUC § 399.30(h) may comply with the Renewable Resource Energy Procurement Targets, specified in Section 4 above, without regard to the portfolio content category requirements specified in PUC § 399.30(c)(3), consistent with PUC § 399.16. Accordingly, NPUA will not classify Renewable Energy Resource procurement into portfolio content categories.
Section 6. RPS PROCUREMENT
A. RPS Contracts Executed Prior to June 1, 2010
None.
B. RPS Procurement Acquired After June 1, 2010
Agenda Item 3.
5 The NPUA procured Renewable Energy Certificates “RECs” in the open market annually based on the quantities required for the compliance period.
C. Planned RPS Procurement
The City of Needles entered into a ten-year long-term transactions for the sale, purchase and delivery of Renewable Energy Certificates “RECs” in February, 2024. The long-term agreement is through December 31, 2033. The annual product quantity of RECs is 50,000 to be delivered on or before March of the given year. The City of Needles intents to utilize the annual delivered quantities of the long-term contract to meet annual RPS requirements. If any additional quantities of RPS is needed beyond long-term contract deliveries the City of Needles will need to utilize outside resources to procure quantities.
Agenda Item 3.
6 Section 7. FORECAST OF RETAIL SALES AND RPS COMPLIANCE OBLIGATIONS Compliance Period 4 Compliance Period 5 Compliance Period 6 Year 2021
Actual
2022
Actual
2023
Actual
2024
Forecast
2021-
2024
2025
Forecast
2026
Forecast
2027
Forecast
2025-
2027
2028
Forecast
2029
Forecast
2030
Forecast 2028-2030
Retail Sales
(MWH) 74,302 82,647 78,454 90,802 326,205 91,710 92,627 93,553 277,891 94,489 95,434 96,388 286,311 RPS % 35.75% 38.5% 41.25% 44% 46% 50% 52% 54.67% 57.33% 60% RPS
Procurement
Requirement
(MWh)
26,563 28,606 30,650 32,693 118,512 34,179 37,151 38,637 109,967 40,621 42,597 44,581 127,799 Notes:
* Individual year targets are for planning purposes only.
Agenda Item 3.
7 Section 8. EXCESS PROCUREMENT RULES
A. The following rules for excess procurement shall apply for Compliance Period 4 and all subsequent Compliance Periods:
1. NPUA may apply excess procurement in one compliance period to a subsequent compliance period, subject to the limitations specified in Section 3206(a)(1)(I) of the Energy Commission's RPS Regulations.
2. Excess procurement meeting those requirements may be applied to any future compliance period and shall not expire.
Section 9. DELAY OF TIMELY COMPLIANCE RULES
A. Delay of Timely Compliance Rule
Pursuant to PUC § 399.30(d)(2)(A), and consistent with Section 7 of the RPS Enforcement Program, the Needles City Council may adopt measures permitting NPUA to delay timely compliance with the RPS procurement requirements. Needles City Council adopts the following delay of timely compliance rules.
If any of the conditions listed below occurs and is beyond the control of NPUA and causes NPUA to not be reasonably able to comply with the RPS procurement requirements, NPUA may delay timely compliance with the RPS procurement requirements.
1. Transmission Constraints
There is inadequate transmission capacity to allow sufficient electricity to be delivered from eligible renewable energy resources, or proposed eligible renewable energy resource projects, to the extent applicable, using the current operational protocols of the BA in which the NPUA operates. If NPUA owns transmission or has transmission rights, then NPUA shall demonstrate that:
NPUA undertook all reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources, in light of its expectation for cost recovery.
NPUA took all reasonable operational measures to maximize cost-effective purchases of electricity from eligible renewable energy resources in advance of transmission availability.
2. Permitting, Interconnection, or Other Circumstances
Agenda Item 3.
8 Permitting, interconnection, or other circumstance have delayed the procurement of eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to NPUA. To utilize this condition, NPUA must show that the permitting, interconnection, or other circumstance caused the delay or insufficient supply and that:
NPUA prudently managed portfolio risks, including, but not limited to, holding solicitations for RPS-eligible resources with outreach to market participants and relying on a sufficient number of viable projects to achieve RPS procurement requirements.
NPUA sought to develop either its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources.
If the cause for delay or insufficient supply was foreseeable, NPUA procured an appropriate minimum margin of procurement above the level necessary to comply with the RPS to compensate for foreseeable delays or insufficient supply. NPUA took reasonable measures to procure cost-effective distributed generation and allowable unbundled RECs.
3. Unanticipated Curtailment
Unanticipated curtailment of eligible renewable energy resources, if the delay of timely compliance would not result in an increase in greenhouse gas emissions.
4. Transportation Electrification
Unanticipated increase in retail sales due to transportation electrification. To utilize this condition, NPUA must consider whether transportation electrification significantly exceeded forecasts in NPUA' service territory based on the best and most recently available information available to NPUA. Further, NPUA must take reasonable measures to procure sufficient resources to account for unanticipated increases in retail sales due to transportation electrification.
Section 10. COST LIMITATION
A. Cost Limitation Rule
Pursuant to PUC § 399.30(d)(2)(B), and consistent with Section 8 of the RPS Enforcement Program, the NPUA shall establish a cost limitation on the procurement expenditures for all eligible renewable energy resources used to comply with the RPS and Needles City Council shall set this limitation at a level that prevents disproportionate rate impacts to NPUA’s ratepayers.
If the cost limitation is insufficient to support the projected costs of meeting NPUA’ RPS targets, as specified above, NPUA may refrain from executing any further contracts for eligible renewable energy resources, beyond what can be procured within the cost limitation.
Agenda Item 3.
9 B. Relevant Factors and Findings
To determine what cost limitation is necessary to prevent disproportionate rate impacts, the Needles City Council has considered the following factors and made the following findings:
1. Economic Conditions
Property tax receipts fund essential City services. NPUA provides electric service to several of the Cities largest property taxpayers. The City of Needles faces persistently high levels poverty.
In 2023, Needles’s poverty rate (averaged over the prior 5 years) was 29.3%,1 which is significantly higher than the statewide average of 12%.2 Further, Needles’s current unemployment rate is 11.1% compared to a statewide average of 5.3%. Due to these higher levels of poverty and unemployment, Needles’s ratepayers are disproportionately harmed by increases in electric rates. This is due to the greater impacts that any such increase has on individual residential customers as well as the severe harm that would be caused if such rate increases threated the viability of local businesses. Maintaining competitive electric rates is essential to keeping local businesses from relocating or shutting down.
Finding: The Needles City Council finds that NPUA’ cost limitation must be structured and set at a level that avoids harm to the local economy, limits impacts on economically vulnerable residents, and avoids increasing the unemployment rate.
2. Customer Make-up
500 of NPUA’s customers consume 60% of commercial sales. To the extent that any one of these customers ceases to operate or relocates, NPUA’s remaining customers would bear the costs of any stranded investments. Shifting these costs to other customers could have cascading consequences by threatening the viability of other customers and further exacerbating the high poverty and unemployment rates in the City. In light of these factors, NPUA’s customers could be disproportionately harmed by rate increases.
Finding: The Needles City Council finds that NPUA’ cost limitation must be designed so that it does not overly burden any one-customer class.
3. Improving the Financial Condition of NPUA
The NPUA develops a multi-year forecast when developing a rate study that will determine the level of annual rate revenue required to satisfy projected annual operations and maintenance (O&M) costs, debt service expenses, and capital cost requirements, while maintaining adequate reserves and meeting financial management targets.
1 American Community Survey (2023).
2 Id.
Agenda Item 3.
10 The NPUA currently maintains three reserves, an operating reserve, a rate stabilization reserve, and a PCA balancing reserve. The City’s Financial Policies currently maintain a minimum operating reserve balance of 10% of budgeted annual O&M expenditures, or approximately 1.2 months of O&M expenses, consistent with General Fund policies.
The current capital plan will draw down the operating reserve near the minimum level. To allow the Utility to maintain sufficient cash on hand to fund emergency repairs and expenses beyond what is in the current financial plan, the City has adopted an update to its financial policy, increasing the operating reserve from 1.2 months to 3 months.
The NPUA’s rate stabilization reserve and PCA balancing reserve are both intended to mitigate potential shocks from unforeseen events. Funds may be drawn from the rate stabilization reserve to mitigate potential short-term rate increases driven by sudden changes in revenue or expenditure levels.
The PCA balancing reserve was established to mitigate unanticipated, significant changes in the cost of purchased power. When funds are drawn from this reserve, they are to be replenished shortly thereafter using a “power cost adjustment” rate add-on applied to electrical usage rates.
An increase in costs associated with procuring REC’s interfere with the NPUA and the City’s policy of setting a minimum reserve, completing critical capital improvements and potentially procuring purchased power.
Finding: The Needles City Council finds that NPUA’s cost limitation should be set at a level that does not threaten the long-term financial stability of NPUA by reducing its existing customer base and that NPUA’ cost limitation is also set at a level that allows NPUA to competitively seek new large commercial customers and expand the Needles housing market.
C. Cost of Full Compliance
In order to estimate the cost of full compliance for Compliance Period 4, NPUA relies on the cost data reported in the 2024 Padilla Report, Costs and Cost Savings for the RPS Program, published May 2024 (“Padilla Report”).3 The Padilla Report includes aggregated cost information for the CPUC-jurisdictional entities. Based on the Padilla Report, the District assumes that the cost of an unbundled REC is $12/REC in 2021 and 2022, and $10/REC in 2023 and 2024. 4 The following
table shows the forecasted cost of full compliance based on these assumptions.
PCC Formula for Determining Cost Compliance Cost
2021 PCC3 26,563 RECs x $12/REC = $318,756
3 Available at: https://www.cpuc.ca.gov/-/media/cpuc-website/industries-andtopics/documents/energy/rps/2024/2024-padilla-reportvfinal.pdf. 4 For PCC3 Electricity Products, NPUA utilized the contract price data for Bear Valley Electric Service, which procures through REC-only contracts that approximate PCC3 transactions.
Agenda Item 3.
11 2022 PCC3 28,606 RECs x $12/REC = $343,272
2023 PCC3 30,650 RECs x $10/REC = $306,500
2024 PCC3 32,693 RECs x $10/REC = $326,930
Total = $1,295,458
Therefore, the estimated cost of full compliance with the RPS Procurement Requirements is $1,295,458.
D. Expenditures that Will Count Toward the NPUA’ Cost Limitation To determine if NPUA’ expenditures have met or exceeded the cost limitation established in this RPS Procurement Plan, NPUA will include all direct costs associated with procurement from executed contracts and owned resources. Where applicable, this will include the contract price multiplied by electricity products delivered during the Compliance Period. For any contract where the associated electricity is resold, NPUA will still count towards its Cost Limitation the total cost of the combined electricity and REC.
The following table provides actual and forecast data for NPUA’s procurement expenditures to date in Compliance Period 4.
2021 2022 2023 2024
Forecast
CP4 Total
Forecast
3Degrees Group, Inc. $412,500 $412,500 $412,500 $412,500 $1,650,000 Total Expenses $412,500 $412,500 $412,500 $412,500 $1,650,000 E. Explanation of How NPUA Developed a Cost Limitation Methodology and How Such Cost Limitation Prevents Disproportionate Rate Impacts.
In developing its Cost Limitation methodology, NPUA has reviewed the potential impacts of the factors, findings, and considerations described above. Specifically, NPUA has evaluated what would occur if NPUA expended the amount of the full cost of compliance and estimated the impacts to customers on a rate basis and total bill basis under different scenarios.
F. Adoption of Methodology for Calculating Cost Limitation for Compliance Period.
To avoid disproportionate rate impacts for Compliance Period 4, the Needles City Council the NPUA completes a rate study every five years and adopts an annual fiscal budget for the utility.
The annual forecasted fiscal impact of RPS is adopted by City Council in the annual fiscal budget.
The adopted annual budgets are a reflection of the adopted rate study which sets the current rates for the electric utility. The annual cost of RPS cannot exceed 10% of the adopted budget in any circumstance. Any RPS cost above 10% would have a disproportionately negative impact on the Agenda Item 3.
12 ratepayers of the City of Needles. The adopted annual budget for the NPUA for annual RPS compliance is set at $415,500 per fiscal year.
G. Adoption of Cost Limitation for Compliance Period 4
Pursuant to the methodology for calculating the cost limitation for Compliance Period 4, established above, the cost limitation for Compliance Period 4 is determined to be $415,500.
Agenda Item 3.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Authorize the City Manager to execute the Parker-Davis Voluntary Reduction Agreement
Background: WAPA and participating contractors are parties to Contract No. XXXX (FES Contract), for firm electric service of Parker-Davis Project (PDP) power. Under Section X of the FES Contract, WAPA is committed to delivering specified obligations of firm Monthly Energy (as defined in the FES Contract) to participating contractors. In recent years, drought conditions in the Colorado River Basin and disruptions in the wholesale energy market have made it increasingly difficult for WAPA to meet its Monthly Energy commitments to FES contractors with federal hydropower alone.
To meet its Monthly Energy requirements to FES contractors, WAPA has increasingly relied on purchasing power and adding such costs to the PDP FES rate.
This Agreement permits the Participating Contractor, on a voluntary basis, to elect to reduce its reliance on WAPA-purchased power and accept reduced energy deliveries from WAPA. Such reductions would be based on federal hydropower generation projections made available to WAPA by the Department of Interior, Bureau of Reclamation (Reclamation), and shared with Participating Contractor and other FES contractors. In return for voluntarily electing to take reduced energy deliveries, the Participating Contractor would receive monthly billing credits based on the purchase power component of the PDP FES rate. Participating Contractor would also receive credits for their part in reducing purchase power deficits. The process by which the Participating Contractor may voluntarily elect to reduce its energy deliveries and obtain corresponding billing credits is set forth herein.
Executing the proposed agreement allows staff to utilize term purchases with excess allocation to cover the City’s Parker-Davis allocation when there is a shortfall. There is no disadvantage to executing the proposed agreement and has no impact on the City of Needles allocation.
The Board of Public Utilities approved the recommended action on December 3, 2024.
Fiscal Impact: Reduction in Parker-Davis hydropower purchase costs.
Environmental Impact: None
Recommended Action: Authorize the City Manager to execute the Parker-Davis Voluntary Reduction Agreement
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 4.
Date
Letter Agreement No. XX-DSR-XXXXX
Customer Name
Letter Agreement Title/Name
ELECTRONIC DELIVERY
CUSTOMER POC NAME
TITLE
COMPANY NAME
ADDRESS
ADDRESS 2
CITY, STATE ZIP
Dear Mr./Ms. Last Name:
This Letter Agreement No. 24-DSR-XXXXX (Agreement) is entered between U.S. Department of Energy, Western Area Power Administration (WAPA) and xxxx (Participating Contractor), which hereinafter may each be called a Party individually, or collectively, the Parties.
WAPA and Participating Contractor are parties to Contract No. XXXX (FES Contract), for firm electric service of Parker-Davis Project (PDP) power. Under Section X of the FES Contract, WAPA is committed to deliver specified obligations of firm Monthly Energy (as defined in the FES Contract) to Participating Contractor. In recent years, drought conditions in the Colorado River Basin and disruptions in the wholesale energy market have made it increasingly difficult for WAPA to meet its Monthly Energy commitments to FES contractors with federal hydropower alone. To meet its Monthly Energy requirements to FES contractors, WAPA has increasingly relied on purchasing power and adding such costs to the PDP FES rate.
This Agreement permits the Participating Contractor, on a voluntary basis, to elect to reduce its reliance on WAPA-purchased power and accept reduced energy deliveries from WAPA. Such reductions would be based on federal hydropower generation projections made available to WAPA by the Department of Interior, Bureau of Reclamation (Reclamation), and shared with Participating Contractor and other FES contractors. In return for voluntarily electing to take reduced energy deliveries, Participating Contractor would receive monthly billing credits based upon the purchase power component of the PDP FES rate. Participating Contractor would also receive credits for their part in reducing purchase power deficits. The process by which Agenda Item 4.
Participating Contractor may voluntarily elect to reduce its energy deliveries and obtain corresponding billing credits is set forth herein.
This Agreement shall be read and interpreted in accordance with FES Contract No. XXXXX.
The terms used in this Agreement shall have the same meaning provided by the FES Contract, unless otherwise noted herein. Nothing in this Agreement shall be construed as altering or reducing Participating Contractor or other FES contractors’ PDP allocations.
1. Agreement: In accordance with, and subject to, the provisions of this Agreement, the Parties agree to the terms and conditions set forth as follows.
2. Definitions:
2.1 Adjusted Monthly Energy: The amount of monthly energy deliveries including voluntarily accepted reductions by the Participating Contractor for the forthcoming three-month period. Such Adjusted Monthly Energy may be the Proposed Reduced Monthly Energy, or some other amount which is less than Participating Contractor’s Exhibit A Energy.
2.2 Annual Operating Plan: A plan produced annually and presented to FES contractors, typically in May of each year, to cover PDP loads with PDP generation, PPW, and other resources.
2.3 Deficit Credits: As defined in Section No. 7.
2.4 Energy Credits: As defined in Section No. 6.
2.5 Exhibit A Energy: The allocated energy as expressed in Exhibit A, Section 3 to a contractor’s FES Contract.
2.6 FES Contractor: Any contractor who is a party to an FES Contract with WAPA and has an allocation of PDP energy, whether it is a Participating Contractor or not.
2.7 Participating Contractor: An FES Contractor who has signed a letter agreement with WAPA which permits it to voluntarily elect monthly reduced energy deliveries in exchange for billing credits.
2.8 Projected Reduced Monthly Energy: Estimated reduced monthly energy amounts for three-month periods beyond the forthcoming three-month period that WAPA will issue to Participating Contractors for planning purposes.
2.9 Proposed Reduced Monthly Energy: The amount of reduced monthly energy Agenda Item 4.
deliveries WAPA will propose to the Participating Contractor for the forthcoming three-month period, based on the Participating Contractor’s proportion of Reclamation’s generation projections for that three-month period. Participating Contractor’s proportion will be calculated by dividing the Participating Contractor’s Exhibit A Energy (the numerator) by the sum of all FES Contractors’ Exhibit A Energy (the denominator).
2.10 Purchased Power and Wheeling (PPW): The amount of energy, capacity, and transmission wheeling necessary to support Firm Electric Service obligations absent sufficient federal hydropower.
3. Term:
3.1 This Agreement shall be effective upon execution and remain in effect concurrent with the term of FES Contract No. XXXX.
3.2 A Party may, at any time, terminate this Agreement by providing thirty (30) days advance written notice of termination to the other Party; provided, that the termination shall be effective prospectively, and shall have no effect on performance, actions, or obligations already incurred under this Agreement, including prior, voluntary elections by Participating Contractor to take Adjusted Monthly Energy and commitments by WAPA to deliver such Adjusted Monthly Energy.
4. Proposed Reduced Monthly Energy:
4.1 In months where federal hydropower generation projections are equal to, or more than all FES Contractors’ Exhibit A Energy, energy deliveries by WAPA will be in accordance with Participating Contractor’s FES Contract.
4.2 In months where federal hydropower generation projections are less than the total of all FES Contractors’ combined monthly energy allocations, WAPA will offer Proposed Reduced Monthly Energy to Participating Contractors.
4.3 WAPA will offer Proposed Reduced Monthly Energy to the Participating Contractor for the next full three-month period based on published federal hydropower generation projections in Reclamation’s latest 24-month study.
Proposed Reduced Monthly Energy will be shared with Participating Contractors by electronic means of communication no later than one month in advance of the first day of the applicable three-month period. The three-month periods in which Proposed Reduced Monthly Energy will be offered by WAPA, and Adjusted Monthly Energy may be voluntarily accepted by Participating Contractors, are based on the federal fiscal year (FY), and shall be October 1-December 31, January 1-March 31, April 1-June 30, and July 1-September 30.
Agenda Item 4.
5. Adjusted Monthly Energy:
5.1 If the Participating Contractor voluntary elects to accept reduced energy deliveries less than Exhibit A Energy for the forthcoming three-month period, the Participating Contractor shall notify WAPA of its Adjusted Monthly Energy elections no later than 15 days in advance of the first day of the applicable threemonth period. The Participating Contractor shall specify the quantity of Adjusted Monthly Energy for each month of the three-month period. The timely election to accept Adjusted Monthly Energy shall be binding and enforceable as between the Participating Contractor and WAPA, subject to the terms of this Agreement.
6. Billing Credits for Participation (Energy Credits):
6.1 Participating Contractors that elect to receive Adjusted Monthly Energy shall be entitled to billing credits (hereinafter, “Energy Credits”). The volume of energy in MWh subject to Energy Credits will be the difference between the Participating Contractor’s Adjusted Monthly Energy and its Exhibit A Energy.
6.2 In advance of each new FY, WAPA will inform Participating Contractor of its maximum monthly Energy Credit amounts for each month of the upcoming FY.
The maximum monthly Energy Credit amounts will be calculated using the Participating Contractor’s proportionate share (percentage) of the total allocated PDP energy (i.e., the Participating Contractor’s Exhibit A Energy divided by the total allocated PDP energy) multiplied by the monthly distribution of PPW included in the annual PDP FES rate. The PPW component of the annual PDP FES rate includes only an annual total amount; the monthly distributions of PPW included in the annual PDP FES rate shall be derived by calculating ratios between the monthly PPW forecast and the annual PPW forecast set forth in the PDP Annual Operating Plan and multiplying the applicable ratio by the annual total amount of PPW included in the PDP FES rate. Energy Credits will be applied to Participating Contractors based on the result of the applicable maximum monthly Energy Credit multiplied by the proportion of reduction the Participating Contractor elects.
See the chart below for examples of how maximum monthly Energy Credits will be calculated, using a theoretical scenario including the 2024 PPW estimates from the PDP Annual Operating Plan, the amount of PPW included in the 2024 PDP FES rate and the monthly distributions thereof, and a contractor who has an allocation of 10% of the total allocated energy from PDP and elects to take the maximum reduction (100%) proposed by WAPA.
Agenda Item 4.
6.3 Energy Credits will be applied to service bills as soon as accounting information is available and after the applicable service month is completed. If the credit exceeds the cost of firm electric service for the month, the credit shall be applied to the extent it results in a zero-balance due with no payment required from the Participating Contractor. WAPA shall carry forward any balances of Energy Credits and apply them to service bills in subsequent months.
6.4 WAPA will make reasonable efforts to credit any such unapplied Energy Credits no later than two years after the applicable service month.
A B C D E
Oct $421,866 $404,020 $40,402 10% 100%
Nov $728,255 $697,448 $69,745 10% 100%
Dec $1,487,916 $1,424,973 $142,497 10% 100%
Jan $1,208,300 $1,157,186 $115,719 10% 100%
Feb $559,349 $535,687 $53,569 10% 100%
Mar $867,130 $830,448 $83,045 10% 100%
Apr $273,036 $261,486 $26,149 10% 100%
May $257,134 $246,256 $24,626 10% 100%
Jun $1,120,454 $1,073,056 $107,306 10% 100%
Jul $3,627,596 $3,474,138 $347,414 10% 100%
Aug $4,535,122 $4,343,272 $434,327 10% 100%
Sep $3,708,930 $3,552,031 $355,203 10% 100%
TOT $18,795,089 $18,000,000 $1,800,000
A: 2024 monthly purchase power forecasts, with an annual forecasted amount of $20,000,000, as presented in the PDP Annual Operating Plan meeting
B: Purchase Power and Wheeling (PPW) included in the 2024 PDP FES rate for annual total amount of $18M [months calculated based on ratios from the monthly amounts in Column A divided by the Column A total] C: Maximum monthly credit assuming all of a proposed voluntary reduction is accepted
[(B multiplied by D) multiplied by E]
PPW in Rate
Monthly
Maximum Monthly
Energy Credit
Contractor
Energy %
Portion of
Voluntary
Reduction Taken
Purchase Power
Estimate
Agenda Item 4.
7. Billing Credits for Deficits (Deficit Credits):
7.1 When cost projections for PPW in the PDP FES rate are less than actual PPW expenditures, PDP incurs a deficit that must be repaid within a prescribed period.
If amortized, that payment includes both principal and interest components that are added to a subsequent year’s PDP FES rate. To hold Participating Contractors harmless from deficits for PPW incurred during a month in which they elected to receive Adjusted Monthly Energy, and to the extent they reduced energy deliveries, additional billing credits will be provided to Participating Contractors (hereinafter, “Deficit Credits”). Deficit Credits will be provided because the Participating Contractor did not receive energy covered by the deficit and as such did not benefit from the deficit. Deficit Credits will be calculated based on the amount of principal and interest for the deficit included in the PDP FES rate and the Participating Contractor’s proportion of energy reduction when the deficit was incurred.
7.2 Deficits attributed to PPW required to deliver Adjusted Monthly Energy to Participating Contractors will not be eligible for Deficit Credits. The Participating Contractor must pay its share of such a deficit because the deficit covered the cost of energy necessary to meet the Participating Contractor’s Adjusted Monthly Energy amount and, as such, the Participating Contractor benefited from the deficit.
8 Projected Reduced Monthly Energy:
8.2 At the same time WAPA offers Proposed Reduced Monthly Energy to Participating Contractors for the forthcoming three-month period, WAPA will also provide to Participating Contractors, for planning purposes, Projected Reduced Monthly Energy for the three subsequent three-month periods.
Projected Reduced Monthly Energy amounts are subject to change as new Reclamation projections are published.
8.3 At the same time Participating Contractor notifies WAPA of its Adjusted Monthly Energy elections for the forthcoming three-month period, the Participating Contractor shall also disclose to WAPA, for planning purposes, reductions they intend to elect for the three subsequent three-month periods. Notwithstanding Section 5.1, Participating Contractor’s disclosed reductions for the subsequent three three-month periods are not binding.
9 Notification Requirements:
9.2 Publications of Proposed Reduced Monthly Energy and Projected Reduced Monthly Energy will be issued by the WAPA Energy Management and Marketing Agenda Item 4.
Office via e-mail. WAPA intends to develop a web-based application for such publications, and upon notice to Participating Contractors, will transition from email to web-based posting in the future.
9.3 The Participating Contractor will identify points of contact who will provide WAPA notice of Adjusted Monthly Energy elections in accordance with section
5.1. 10 Attachments: Attachments shall be made part of this Agreement. Changes, additions, or modifications to the attachments shall be reflected in new or revised attachments and will be distributed in accordance with Provision 40 of the General Power Contract Provisions. 11 Governing Law: This Contract shall be interpreted, governed by, and construed under applicable Federal law.
12 Relationship to Other Contracts: Except as expressly provided in this Agreement, all other agreements(s) or contract(s) between Participating Contractor and WAPA will remain unchanged and in full force and effect. Failure of a Participating Contractor to provide timely notice under this Agreement shall not be deemed an event of default under Contract No. XXXX.
13 Amendments and Modifications: This Agreement may be amended or modified by mutual written agreement duly executed by the Parties.
14 General Power Contract Provisions: The General Power Contract Provisions (GPCP), effective September 1, 2007, are attached hereto, and are hereby made a part of this Agreement the same as if they had been expressly set forth herein; provided, that if the provisions in the GPCP conflict with this Agreement, the terms of this Agreement shall control.
15 Execution By Counterparts: This Agreement may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto, by having attached to it one or more signature pages. 16 Electronic Signatures: The Parties agree that this Agreement may be executed by either handwritten signature or digitally signed using Adobe Sign, Adobe E-Sign, or DocuSign pursuant to Section 13, herein. A digital signature is the same as a handwritten signature and shall be considered valid and acceptable.
Agenda Item 4.
17 Authority to Execute: Everyone signing this Agreement certifies that the Party represented has duly authorized such individual to execute this Agreement that binds and obligates the Party.
Please provide acceptance of this Agreement by having an authorized representative date and sign the Agreement by handwritten signature or affix a digital signature by using only Adobe Sign, Adobe E-Sign or DocuSign that provides a certificate-based identification to authenticate the signer’s identity and which binds each signature to the document with encryption. Return the dated and signed Agreement, as soon as possible, using (1) of the following options:
1. Digital Signature: email Agreement to [email protected],
2. Handwritten Signature: email scanned Agreement to [email protected] and mail both originals to one (1) of the following addresses:
If by U. S. Postal Service: If by Overnight Delivery:
Western Area Power Administration Western Area Power Administration Desert Southwest Regional Office Desert Southwest Regional Office ATTN: G6xxx (XXXX) ATTN: G6xxx (XXXX)
P.O. Box 6457 615 South 43rd Avenue
Phoenix, AZ 85005-6457 Phoenix, AZ 85009
If the Agreement is signed by handwritten signature, provide attestation on the signature page and affix your corporate seal. If a seal is not available, then provide a signed letter of authorization from the Corporate Secretary, or any applicable certificates, resolutions, or minutes to indicate the signatory is duly authorized to commit Customer to the terms of the Agreement. If digitally signed, provide the applicable certificates, resolutions, or minutes.
Technical questions related to the work to be performed under this Agreement should be directed to Project Manager Name, Project Manager Title at (602) XXX-XXXX. Contractual questions should be directed to Public Utilities Specialist Name, Public Utilities Specialist at (602) XXXXXXX.
Sincerely,
WAPA Signatory Name
WAPA Signatory Title
IN DUPLICATE
Agenda Item 4.
Accepted and agreed to this _______ day of __________________, 2024. [SEAL]
Attest: CUSTOMER NAME
By By:
Title Name:
Title:
Agenda Item 4.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: California Energy Commission Calendar Year (CY) 2023 Power Content Label Annual Reporting
Background: The Power Content Label program was established to provide "accurate, reliable, and simple-to-understand information on the sources of energy that are used to provide electric services" to California consumers.
Signed by Governor Brown in September 2016, AB 1110 (Ting, Chapter 656, Statues of 2016), requires that retail suppliers of electricity additionally disclose to consumers the greenhouse gas emissions intensity of the supplier's electric service products. This modification to the program will improve transparency for consumers and strengthen the Power Source Disclosure and the Power Content program's relevance to California's climate change activities. The NPUA’s Power Content reporting has been previously approved. Per the CEC program regulations, the Board is to approve both the annual report and power content label.
Enclosed is the 2023 Power Content Label which breaks down the power supplied to the City into energy resources categories. The annual report breaks down purchases procured through Western Area Power Administration, Parker-Davis, Aqua Caliente, and exchanges within the AES group.
The Board of Public Utilities approved the recommended action on December 3, 2024.
Fiscal Impact: None
Environmental Impact: None
Recommended Action: Move to accept the annual report to the California Energy Commission Power Content Label for the year ending December 31, 2023 Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 5.
2023 POWER CONTENT LABEL
City of Needles
www.cityofneedles.com
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources City of
Needles
2023 CA
Power Mix
Eligible Renewable1 0.0% 36.9%
Biomass & Biowaste 0.0% 2.1%
597 373 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.0% 1.8%
Solar 0.0% 17.0%
Wind 0.0% 11.2%
Coal 0.0% 1.8%
Large Hydroelectric 36.8% 11.7%
Natural Gas 0.0% 36.6%
Nuclear 0.0% 9.3%
Other 0.0% 0.1%
Unspecified Power2 63.2% 3.7%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3
:
0%
1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2
Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation.
Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this
electricity portfolio, contact:
City of Needles
760-326-2115
For general information about the
Power Content Label, visit:
https://www.energy.ca.gov/programs-andtopics/programs/power-source-disclosure-program City of Needles 2023 CA Utility Average
0 200
400
600
800
1000
City of Needles
2023 CA Utility
Average
Agenda Item 5.
2023 POWER CONTENT LABEL
(Retail Supplier Name)
(Website URL for PCL Posting)
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
Electricity
Portfolio 1
Name
Electricity
Portfolio 2
Name
2023 CA
Power Mix
Eligible Renewable1 0.0% 0.0% 36.9%
Biomass & Biowaste 0.0% 0.0% 2.1%
0 0 373 Geothermal 0.0% 0.0% 4.8%
Eligible Hydroelectric 0.0% 0.0% 1.8%
Solar 0.0% 0.0% 17.0%
Wind 0.0% 0.0% 11.2%
Coal 0.0% 0.0% 1.8%
Large Hydroelectric 0.0% 0.0% 11.7%
Natural Gas 0.0% 0.0% 36.6%
Nuclear 0.0% 0.0% 9.3%
Other 0.0% 0.0% 0.1%
Unspecified Power2 0.0% 0.0% 3.7%
TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity
portfolio, contact:
(Retail Supplier Name)
(Retail Supplier Phone Number)
For general information about the Power Content
Label, visit:
https://www.energy.ca.gov/programs-and-topics/programs/powersource-disclosure-program Electricity Portfolio 2
Name
Electricity Portfolio 1
Name
2023 CA Utility
Average
0 200
400
600
800
1000
Electricity Portfolio 1
Name
Electricity Portfolio 2
Name
2023 CA Utility
Average
Agenda Item 5.
2023 POWER CONTENT LABEL
(Retail Supplier Name)
(Website URL for PCL Posting)
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
Electricity
Portfolio 1
Name
Electricity
Portfolio 2
Name
Electricity
Portfolio 3
Name
2023 CA
Power Mix
Eligible Renewable1 0.0% 0.0% 0.0% 36.9%
Biomass & Biowaste 0.0% 0.0% 0.0% 2.1%
0 0 0 373 Geothermal 0.0% 0.0% 0.0% 4.8%
Eligible Hydroelectric 0.0% 0.0% 0.0% 1.8% Solar 0.0% 0.0% 0.0% 17.0% Wind 0.0% 0.0% 0.0% 11.2% Coal 0.0% 0.0% 0.0% 1.8% Large Hydroelectric 0.0% 0.0% 0.0% 11.7% Natural Gas 0.0% 0.0% 0.0% 36.6% Nuclear 0.0% 0.0% 0.0% 9.3% Other 0.0% 0.0% 0.0% 0.1% Unspecified Power2 0.0% 0.0% 0.0% 3.7% TOTAL 100.0% 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: (Retail Supplier Name) (Retail Supplier Phone Number) For general information about the Power Content Label, visit: https://www.energy.ca.gov/programs-and-topics/programs/power-source- disclosure-program Electricity Portfolio 3
Name
Electricity Portfolio 1
Name
Electricity Portfolio 2
Name
2023 CA Utility
Average
0 200400600800
1000
Electricity Portfolio 1 NameElectricity Portfolio 2 NameElectricity Portfolio 3 Name2023 CA Utility Average Agenda Item 5.
2023 POWER CONTENT LABEL
(Retail Supplier Name)
(Website URL for PCL Posting)
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
Electricity
Portfolio 1
Name
Electricity
Portfolio 2
Name
Electricity
Portfolio 3
Name
Electricity
Portfolio 4
Name
2023 CA
Power Mix
Eligible Renewable1 0.0% 0.0% 0.0% 0.0% 36.9%
Biomass & Biowaste 0.0% 0.0% 0.0% 0.0% 2.1%
0 0 0 0 373 Geothermal 0.0% 0.0% 0.0% 0.0% 4.8%
Eligible Hydroelectric 0.0% 0.0% 0.0% 0.0% 1.8% Solar 0.0% 0.0% 0.0% 0.0% 17.0% Wind 0.0% 0.0% 0.0% 0.0% 11.2% Coal 0.0% 0.0% 0.0% 0.0% 1.8% Large Hydroelectric 0.0% 0.0% 0.0% 0.0% 11.7% Natural Gas 0.0% 0.0% 0.0% 0.0% 36.6% Nuclear 0.0% 0.0% 0.0% 0.0% 9.3% Other 0.0% 0.0% 0.0% 0.0% 0.1% Unspecified Power2 0.0% 0.0% 0.0% 0.0% 3.7% TOTAL 100.0% 100.0% 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 0% 1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: (Retail Supplier Name) (Retail Supplier Phone Number) For general information about the Power Content Label, visit: https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure- program Electricity Portfolio 1
Name
Electricity Portfolio 2
Name
Electricity Portfolio 3
Name
2023 CA Utility
Average
Electricity Portfolio 4
Name
0 200400600800
1000
Electricity Portfolio 1 NameElectricity Portfolio 2 NameElectricity Portfolio 3 NameElectricity Portfolio 4 Name2023 CA Utility Average Agenda Item 5.
2023 POWER CONTENT LABEL
(Retail Supplier Name)
(Website URL for PCL Posting)
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
Electricity
Portfolio 1
Name
Electricity
Portfolio 2
Name
Electricity
Portfolio 3
Name
Electricity
Portfolio 4
Name
Electricity
Portfolio 5
Name
2023 CA
Power Mix
Eligible Renewable1 0.0% 0.0% 0.0% 0.0% 0.0% 36.9%
Biomass & Biowaste 0.0% 0.0% 0.0% 0.0% 0.0% 2.1%
0 0 0 0 0 373 Geothermal 0.0% 0.0% 0.0% 0.0% 0.0% 4.8%
Eligible Hydroelectric 0.0% 0.0% 0.0% 0.0% 0.0% 1.8% Solar 0.0% 0.0% 0.0% 0.0% 0.0% 17.0% Wind 0.0% 0.0% 0.0% 0.0% 0.0% 11.2% Coal 0.0% 0.0% 0.0% 0.0% 0.0% 1.8% Large Hydroelectric 0.0% 0.0% 0.0% 0.0% 0.0% 11.7% Natural Gas 0.0% 0.0% 0.0% 0.0% 0.0% 36.6% Nuclear 0.0% 0.0% 0.0% 0.0% 0.0% 9.3% Other 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% Unspecified Power2 0.0% 0.0% 0.0% 0.0% 0.0% 3.7% TOTAL 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 0% 0% 1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: (Retail Supplier Name) (Retail Supplier Phone Number) For general information about the Power Content Label, visit: https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure-program Electricity Portfolio 1
Name
Electricity Portfolio 2
Name
Electricity Portfolio 3
Name
Electricity Portfolio 4
Name
2023 CA Utility
Average
Electricity Portfolio 5
Name
0 200400600800
1000
Electricity Portfolio 1 NameElectricity Portfolio 2 NameElectricity Portfolio 3 NameElectricity Portfolio 4 NameElectricity Portfolio 5 Name2023 CA Utility Average Agenda Item 5.
2023 POWER CONTENT LABEL
(Retail Supplier Name)
(Website URL for PCL Posting)
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
Electricity
Portfolio 1
Name
Electricity
Portfolio 2
Name
Electricity
Portfolio 3
Name
Electricity
Portfolio 4
Name
Electricity
Portfolio 5
Name
Electricity
Portfolio 6
Name
2023 CA
Power Mix
Eligible Renewable1 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 36.9% Biomass & Biowaste 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.1%
0 0 0 0 0 0 373 Geothermal 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 4.8% Eligible Hydroelectric 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.8% Solar 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 17.0% Wind 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 11.2% Coal 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.8% Large Hydroelectric 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 11.7% Natural Gas 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 36.6% Nuclear 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 9.3% Other 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% Unspecified Power2 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.7% TOTAL 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 0% 0% 0% 1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: (Retail Supplier Name) (Retail Supplier Phone Number) For general information about the Power Content Label, visit: https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure-program Electricity Portfolio 6
Name
2023 CA Utility
Average
Electricity Portfolio 1
Name
Electricity Portfolio 2
Name
Electricity Portfolio 3
Name
Electricity Portfolio 4
Name
Electricity Portfolio 5
Name
0 200400600800
1000 Electricity Portfolio 1 Name
Electricity Portfolio 2 NameElectricity Portfolio 3 NameElectricity Portfolio 4 NameElectricity Portfolio 5 NameElectricity Portfolio 6 Name2023 CA Utility Average Agenda Item 5.
City of Needles, California
Request for City Council Action
CITY COUNCIL
Meeting Date:
Title:
NPUA Regular Special
December 10, 2024
Accept Change Order No. 2 to the Design-Build Contract with Pacific Hydrotech Corporation for the Well 11 Treatment Facility Background: On October 25, 2022, Pacific Hydrotech Corporation was awarded the Design-Build Contract for design and construction of the Well 11 Treatment Facility for a total contract amount of $5,759,400.00. On May 14, 2024 contract Change Order #1 was approved resulting in an increase to the contract by $338,607.66 for a new contract amount of $6,098,007.66.
Since June 2024, two additional items were identified that is an addition to the scope of work from the approved Basis of Design Report (BoDR) resulting in additional expenses to the project. These items are listed below:
1) SCADA system $ 112,824.88
2) HVAC and Paint $ 50,253.37
Justification of each item was received from the design engineer and presented to the State Water Resources Control Board (SWRCB) for review. Approval was granted by the State to be funded by the project contingency.
Therefore, Change Order #2 includes items already approved by the SWRCB increasing the contract with PHC by $163,078.25 for a new total contract amount of $6,261,085.91.
Fiscal Impact: The City received Grant Amendment #3 to the original Grant Agreement with the California State Water Resources Control Board in the amount of $14,315,640.00 for water system improvements. The Well 11 Treatment Facility is identified as Phase 6A of the total project in the amount of $5,759,500 with a $717,104 allowable contingency.
Change Order #2 for a total of $163,078.25 is reimbursable from the contingency funds and results in a new total contract amount of $6,261,085.91.
Recommended Action: Accept Change Order #2 to the Design-Build Contract with Pacific Hydrotech Corporation for the Well 11 Treatment Facility project resulting in an increase to the contract in the amount of $163,078.25 for a new total contract amount of $6,261,085.91; and authorize staff to execute said Change Order.
Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
12/04/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 6.
CITY OF NEEDLES
C H A N G E O R D E R
PROJECT: Well 11 Treatment Facility ORDER NO: 2
OWNER: City of Needles CONTRACTOR: Pacific Hydrotech Corp. (PHC) FOLLOWING CHANGES ARE MADE TO THE CONTRACT:
Description of Changes Decrease Contract Price Increase Contract Price 1) Provide an XiO Cloud Based SCADA System $ 112,824.88 2) HVAC Window unit, indoor/outdoor lighting of control room, $ 50,253.37 Prepping and painting of the control room
JUSTIFICATION:
Justification for all change order items listed above has been provided by the design engineer and approved by the California State Water Resources Control Board for reimbursement under project contingency funds allocated in the grant agreement.
Original Contract Price $5,759,400.00
Previous Change Order(s) Amount $ 338,607.66
Original Contract Price plus previous Change Orders $6,098,007.66 Contract Price Due This Change Order $ 163,078.25
New Contract Price $6,261,085.91
CHANGE IN CONTRACT TIME
Contract Time will be
(Increased)
Adjusted Date for
Completion of all Work Calendar Days
*See notation below 1/31/2025 *See notation below
Project completion date has been extended to January 31,2025, for all contract items except the installation of the canopy to be installed upon delivery.
APPROVALS REQUIRED
Requested by:
Signature (Project Manager)
Date:
Contractor Acceptance:
Signature (Contractor)
Date: 12/1/24
Approved by: Date: 12/10/24
Signature (City Manager) CC meeting
C H A N G E O R D E R Agenda Item 6.
City of Needles, California
Request for City Council Action
t8J CITY COUNCIL □ NPUA
Meeting Date: December 10, 2024
Title: Warrants
Background: n/a
Fiscal Impact: See attached Warrant Registers
Environmental Impact: n/a
[8J Regular D Special
Recommended Action: Approve the Warrant Registers through December 10, 2024.
Submitted By: Ken McDonald, Interim Director of Finance City Manager Approval: / � 4?�
Other Department Approva;
wh�uired)
: _______ _
Date: /Z/3/z,Y
Date: -----
Approved: Not Approved: Tabled: Other:
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City of Needles, California
Request for City Council Action
� CITY COUNCIL O NPUA
Meeting Date: November 26, 2024
Title: Warrants
Background: n/a
Fiscal Impact: See attached Warrant Registers
Environmental Impact: n/a
� Regular D Special
Recommended Action: Approve the Warrant Registers through November 26, 2024.
Date: IZ - 3-<:. /
Submitted By: Ken McDonald, Interim Director of Finance Other
City Manager Approval:
Department Approval
/
(
�
wh�/
red
�
)
: _______ _ Date: ____ _
Approved: Not Approved: Tabled: Other:
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111224 ccnpuahacnmin 1 | P a g e
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
NEEDLES PUBLIC UTILITY AUTHORITY
HOUSING AUTHORITY CITY OF NEEDLES
CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
TUESDAY, NOVEMBER 12, 2024 - COUNCIL EXECUTIVE SESSION – 5 PM - CITY COUNCIL MEETING – 6 PM CALL TO ORDER - Mayor Jernigan called the meeting to order at 5:03 pm
ROLL CALL
PRESENT
Council Member Ellen Campbell
Council Member Jamie McCorkle
Vice Mayor Kirsten Merritt
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
ABSENT - None
Also Present were City Manager Patrick Martinez, City Attorney John Pinkney, Utility Manager Rainie Torrance, Director of Development Services Kathy Raasch, City Planner Irene Romero, and Interim City Clerk Candace Clark.
RECESS TO EXECUTIVE SESSION
EXECUTIVE SESSION
a. Conference with Legal Counsel – Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3). Two potential cases.
No reportable action
b. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1). One Case: City of Needles v. Adrian Chavez (Case No. CIVSB2431838) A motion was made by Council Member Campbell, second by Council Member Longbrake, to authorize the filing and ratifying the filiing of the action listed in the lawsuit.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
c. Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Midnight Peak Solutions LLC, et al. – 209 Goodwill Street California Superior Court-County of San Bernardino (Case No. CIVSB2427887
A motion was made by Council Member Campbell, second by Vice Mayor Merritt, to approve the settlement agreement with Midnight Peak Solutions LLC, et al.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Agenda Item 8.
111224 ccnpuahacnmin 2 | P a g e
Noes: None
Absent: None
Abstain: None
d. Public employee appointment pursuant to Government Code Section 54957. Title: Interim City Clerk
A motion was made by Council Member Campbell, second by Vice Mayor Merritt, to appoint Candace Clark as the Interim City Clerk for 6 months.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
EXECUTIVE SESSION REPORT - Given by City Attorney Pinkney CALL TO ORDER - Mayor Jernigan called the meeting to order at 6:11 pm
ROLL CALL
PRESENT
Council Member Ellen Campbell
Council Member Jamie McCorkle
Vice Mayor Kirsten Merritt
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
ABSENT - None
PLEDGE OF ALLEGIANCE - Led by Mayor Jernigan
Mayor Jernigan asked for a moment of silence in honor of Former City Clerk Dale Jones INVOCATION - Given by Council Member Campbell
APPROVAL OF AGENDA
Council Member Pogue made a motion, second by Council Member Campbell to approve the agenda.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
CONFLICT OF INTEREST - None
CORRESPONDENCE - None
INTRODUCTIONS - Mayor Jernigan acknowledged Former Council Members Tim Terral, Shawn Goodmundson, and Zachery Longacre in attendance.
CITY ATTORNEY – Parliamentary Procedures given by City Attorney Pinkney Agenda Item 8.
111224 ccnpuahacnmin 3 | P a g e
PUBLIC APPEARANCE
Wayne Colburn congratulated Mayor Jernigan on being re-elected, vowed to remain involved in working for the betterment of the community, and offered future input on feedback he received from the community while campaigning.
PRESENTATION
1. Captain Ross Tarangle and Lieutenant Jake Gault from the San Bernardino County Sheriff's Department Colorado River Station’s nonprofit organization, River Daze, presented a $500 donation to Needles Military Moms.
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS - None
COUNCIL CONSENT CALENDAR
Council Member Campbell made a motion, second by Vice Mayor Merritt, to approve Items 2 through 5 on the Consent Calendar.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
2. Approved the Warrants Register through November 12, 2024
3. Approved the Minutes of October 22, 2024
4. Waived the reading and adopted Ordinance No. 668-AC of the City Council Approving Needles Municipal Code amendment section 96.00 “Table of Permissible Uses” And Section
96.08 “Dwelling Units.”
5. Adopted Resolution No. 2024-43 of the City Council of the City of Needles, Approving a Categorical Exemption for the Schools and Seniors’ Sidewalk Project; authorize staff to proceed with the implementation of the Schools and Seniors’ Sidewalk Project; and directed staff to file the Notice of Exemption (NOE) with the State of California, Office of Planning and research, State Clearinghouse, and the San Bernardino County Clerk.
END OF COUNCIL CONSENT CALENDAR
REGULAR COUNCIL ITEMS
6. Authorize the City Clerk's Department to publish a notice of vacancies on the various Boards and Commissions due to the expiration of terms.
City Manager Martinez gave staff report.
Council Member Campbell made a motion, second by Council Member McCorkle, to authorize the City Clerk's Department to publish a notice of vacancies on the various Boards and Commissions due to the expiration of terms
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
Agenda Item 8.
111224 ccnpuahacnmin 4 | P a g e
7. Waive the reading and approve for introduction Ordinance 669-AC of the City Council of the City of Needles, California, Amending Chapter 15A, Recreation Area Use, of the Needles Municipal Code to Modify Section 15A-3 to Update Recreation Area Closing Hours and Add Section 15A-7.1, Entitled Pump Track Regulations
City Manager Martinez gave staff report.
Council Member Campbell made a motion, second by Council Member McCorkle, to waive the reading and approve for introduction Ordinance 669-AC of the City Council of the City of Needles, California, Amending Chapter 15A, Recreation Area Use, of the Needles Municipal Code to Modify Section 15A-3 to Update Recreation Area Closing Hours and Add Section 15A-7.1, Entitled Pump Track Regulations
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
8. Waive the reading and approve for introduction Ordinance 670-AC of the City Council of the City of Needles, California, Amending Chapter 15A of the Needles Municipal Code to Add Section 15A-7.2, Entitled 'Splash Pad Area Regulations.
City Manager Martinez gave staff report.
Council Member Campbell made a motion, second by Council Member Pogue, to waive the reading and approve for introduction Ordinance 670-AC of the City Council of the City of Needles, California, Amending Chapter 15A of the Needles Municipal Code to Add Section 15A-7.2, Entitled 'Splash Pad Area Regulations.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None
Absent: None
Abstain: None
9. City Council Resolution 2024-44 of the City Council of the City of Needles Approving the First Amendment to the City Manager Employment Agreement with Patrick Martinez. (ACT) City Attorney Pinkney gave staff report.
After minimal discussion, Council Member Campbell made a motion, second by Vice Mayor Merritt, to Adopt Resolution 2024-44 of the City Council of the City of Needles approving the First Amendment to the City Manager Employment Agreement with Patrick Martinez.
Motion carried by the following roll call vote:
Ayes: Council Members Campbell, Vice Mayor Merritt, Council Member Pogue, and Mayor Jernigan
Noes: Council Members McCorkle, Belt, Longbrake
Absent: None
Abstain: None
CITY ATTORNEY REPORT - Given by City Attorney Pinkney
CITY MANAGER REPORT - Given by City Manager Martinez
MANAGERS REPORT for the weeks of October 25 and November 1, 2024.
Agenda Item 8.
111224 ccnpuahacnmin 5 | P a g e
COUNCIL REQUESTS
Council Member Campbell - Congratulated Candace Clark for being appointed Interim City Clerk; recently visited all City Public Restrooms and commended City Staff on keeping them clean; reported on the recent Fort Mojave Days; complimented staff on the lights by the recreation center and the trash that was cleaned up in the alley; thanked the audience and encouraged participation in our community.
Council Member McCorkle - Expressed condolences on the loss of Dale Jones; welcomed Candace Clark as the new Interim City Clerk; congratulated Mayor Jernigan, Council Members Campbell, Belt, and former Council Member Longacre on being re-elected; encouraged everyone to support the NHS Football Team.
Vice Mayor Merritt - Congratulated Candace Clark for being appointed Interim City Clerk; thanked City Attorney Pinkney and City Manager Martinez for their assistance during her tenure; reminded everyone to be kind and work together.
Council Member Pogue - Thanked Vice Mayor Merritt for her service; expressed her sadness at the loss of Former City Clerk Dale Jones; congratulated Candace Clark for being appointed Interim City Clerk; congratulated Mayor Jernigan, Council Members Campbell, Belt, and former Council Member Longacre on being re-elected; reported on two new businesses in town; Smash Burgers and Bless Your Heart Pies, and encouraged everyone to support our local businesses.
Council Member Belt - reported on the success of the Fall Festival and the upcoming Holiday Festival; thanked everyone who voted for her; reported on the upcoming Palo Verde Community College forum.
Council Member Longbrake - Thanked the San Bernardino County Sheriff's Department for their donation to Military Moms; congratulated Candace Clark for being appointed Interim City Clerk; congratulated Mayor Jernigan, Council Members Campbell, Belt, and former Council Member Longacre on being re-elected.
Mayor Jernigan - Thanked everyone who voted for her; expressed her sadness at the loss of Former City Clerk Dale Jones; congratulated Candace Clark for being appointed Interim City Clerk; reported on the recent Mojave Days; working with City Manager to promote Tri-State area tourism; reported on the success of the Sheriff's Trunk or Treat event; congratulated City Staff on the recent Interactive Award for Parks Improvement; reported on the success of the Fall Festival, Veterans' Pancake Breakfast; and encouraged everyone to support the NHS Football team.
ADJOURNMENT - Mayor Jernigan adjourned the meeting at 7:06 pm
Mayor Janet Jernigan Interim City Clerk Candace Clark
Agenda Item 8.
Agenda Item 9.
Agenda Item 9.
Agenda Item 9.
Agenda Item 10.
Agenda Item 10.
Agenda Item 10.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Authorize the City Manager to Execute a Memorandum of Understanding Between the City of Needles and Rio Buena Vista Homeowners Association Background: Rio Buena Vista Homeowners Association (RBV) currently operates and owns the water and wastewater infrastructure within their subdivision. The water and wastewater facilities were disputed in the past regarding responsibility. The City and RBV have agreed to work cooperatively to establish a plan to finance and replace the facilities to code. RBV has obtained a third-party engineering consultant to develop a scope of work and prepare an estimate of the total repairs.
The proposed Memorandum of Understanding is intended to form the basis for RBV and the City will work together cooperatively to explore the scope, and cost of repairs and replacements, develop a financing mechanism and once the water and wastewater infrastructure have been satisfactorily repaired and meet the City’s standards, the parties will contemplate progressing toward the City assuming ownership of the facilities.
Fiscal Impact: None
Environmental Impact: None
Recommended Action: Authorize the City Manager to Execute a Memorandum of Understanding Between the City of Needles and Rio Buena Vista Homeowners Association Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 11.
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Agenda Item 11.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: November 5, 2024, Election Results
Background: A resolution must be adopted in order to declare the results and such other matters as provided by law for the November 5, 2024, General Municipal Election.
The City Charter provides for city elections to be held pursuant to the State Elections Code. This resolution complies with the City Charter and State Code.
Fiscal Impact: None
Recommended Action: Adopt Resolution 2024-45 Reciting the Fact of the General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law
Submitted By: Interim City Clerk Candace Clark, CPMC, CMC City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 12.
RESOLUTION 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
WHEREAS, a General Municipal Election was held and conducted in the City of Needles, California, on Tuesday, November 5, 2024 as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the charter; and
WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots was 373.
That the whole number of votes by mail voter ballots cast in the City was 1,059, the whole number of provisional ballots cast in the City was 56, making a total of 1,488 ballots cast in the City.
SECTION 2.
That the names of persons voted for at the election for Mayor are as follows:
Janet Jernigan
Wayne Colburn
That the names of persons voted for at the election for Member of the City Council are as follows:
Zachery Longacre
James Jones
Ellen Campbell
Tona Belt
Queen Noble
That the measure voted upon at the election is as follows:
CITY OF NEEDLES MEASURE O
Shall a measure be adopted approving
an alternative square foot tax on persons actively
engaged in the business of Cannabis Cultivation
at a monthly tax rate of up to $1.75 per square foot
of Cannabis Cultivation Area or fraction thereof
(adjusted annually for CPI, but in no case more
than 5% or less than 2%, starting on January 1 on
the first year the tax is implemented, and each year
thereafter)?
YES
NO
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure were as listed in Exhibit “A” attached.
SECTION 4. The City Council does declare and determine that: Janet Jernigan was Agenda Item 12.
re-elected as Mayor for the full term of two years; Zachery Longacre was elected as Member of the City Council for the full term of four years; Ellen Campbell was re-elected as Member of the City Council for the full term of four years; Tona Belt was re-elected as Member of the City Council for the full term of four years.
That as a result of the election, a majority of the voters voting on the measure relating to approving an alternative square foot tax on persons actively engaged in the business of Cannabis Cultivation did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against the measure; (6) The total number of votes given to each person, and for and against the measure.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on December 10, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor Jan Jernigan
(SEAL)
ATTEST: ________________________________________
Interim City Clerk Candace Clark
APPROVED AS TO FORM:
City Attorney
Agenda Item 12.
Agenda Item 12.
Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
JANET JERNIGAN 616 0 222 7 845 65.00%
WAYNE COLBURN 348 0 100 7 455 35.00%
Total Votes 964 0 322 14 1,300
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,059 0 373 56 1,488 / 2,183 68.16%
Undervotes 95 0 51 42 188
Overvotes 0 0 0 0 0
Precincts Reported: 4 of 4 (100.00%)
City of Needles Mayor (Vote for 1)
12/3/2024 10:01:13 AM
Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
ZACHERY LONGACRE 509 0 187 8 704 23.03%
JAMES M. JONES 466 0 174 6 646 21.13%
ELLEN ANN CAMPBELL 614 0 201 5 820 26.82%
TONA BELT 560 0 192 4 756 24.73%
SANDRA QUEEN NOBLE 109 0 19 3 131 4.29%
Total Votes 2,258 0 773 26 3,057
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,059 0 373 56 1,488 / 2,183 68.16%
Undervotes 916 0 346 142 1,404
Overvotes 3 0 0 0 3
City of Needles Member, City Council (Vote for 3)
Precincts Reported: 4 of 4 (100.00%)
Candidate Party Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
YES 714 0 243 10 967 73.09%
NO 266 0 85 5 356 26.91%
Total Votes 980 0 328 15 1,323
Mail Ballot Designated
Mail Ballot
Polling Place Provisional Total
Unresolved Write-In 0 0 0 0 0
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,051 0 372 56 1,479 / 2,183 67.75%
Undervotes 71 0 44 41 156
Overvotes 0 0 0 0 0
City of Needles MEASURE O (Vote for 1)
Precincts Reported: 4 of 4 (100.00%)
Agenda Item 12.
1 EXHIBIT A
ORDINANCE NO. 665-AC
AN ORDINANCE OF THE CITY OF
NEEDLES, CALIFORNIA, ADDING ARTICLE IX
(CANNABIS CULTIVATION SQUARE FOOT TAX) TO
CHAPTER 20, OF THE NEEDLES MUNICIPAL CODE
ESTABLISHING AN ALTERNATIVE SQUARE FOOT
WHEREAS TAX ON CANNABIS CULTIV , on November 6, 2012, City voters passed Measure S, approving a tax on ATION persons engaged in marijuana business in the City at a rate of up to 10% of gross receipts.
WHEREAS, on December 26, 2012, the City Council adopted Ordinance No. 549-AC, setting the rate at 10%, which has been in effect since that time.
WHEREAS, since the adoption of the Marijuana Business Tax, the legal landscape surrounding cannabis and cannabis businesses has changed significantly. The City currently regulates a variety of Cannabis Business types, including retail, cultivation, manufacturing, distribution, transportation, and testing laboratories.
WHEREAS, despite significant revenues that have been generated since the regulation of Cannabis Businesses, the City has expressed concerns that the current gross receipts tax may not be the most appropriate basis for the City’s Cannabis Cultivation Facilities, which could lead either to underreporting of revenue and/or costly auditing expenses.
WHEREAS, the City commissioned a fiscal analysis of the current gross-receipts tax rates for Cultivation Facilities in order to develop a new, alternative cannabis tax for Cultivation Facilities that will yield the same level of annual tax revenue, based on square footage.
NOW THEREFORE, THE PEOPLE OF THE CITY OF NEEDLES, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Chapter 20, Article IX of City of Needles Municipal Code “Cannabis Cultivation Square Foot Tax” is hereby added to read as follows:
Article IX. Cannabis Cultivation Square Foot Tax
Section 20-50.1. Purpose. This Article is enacted solely to raise revenue for general municipal purposes. It is not a sales and use tax, a tax upon income, or a tax upon real property, and shall not be calculated or assessed as such. The tax is a general tax enacted solely for general, governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this Article shall be placed in the City's general fund and be available for any lawful City purpose.
Section 20-50.2. Intent. The intent of the Article is to implement an alternative tax that the City Council may implement in place of the current percentage based “Marijuana Business Tax” on persons actively engaged in the business of Cannabis Cultivation operating in the City based on square footage. Nothing in this Article shall be interpreted to authorize or permit any business Agenda Item 12.
2 activity that would not otherwise be legal or permissible under laws applicable to activity at the time the activity is undertaken.
Section 20-50.3. Definitions. As applicable, and except as otherwise expressly provided herein, the definitions set forth in Chapter 20, Article VIII of the Code, Sections 20-40.3 – 20.40. 14, and any amendments thereto, are hereby incorporated by reference. The following additional definitions shall apply to this Article.
(A) “Cannabis” has the same definition as used elsewhere in the Code. “Cannabis” also means “Marijuana.”
(B) “Cannabis Business” means any Cannabis related activity, including but not limited to, planting, possessing, cultivating, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, testing, labeling, distributing, delivering, wholesale, and/or retail sales of Cannabis or any Cannabis goods or product, whether or not carried on for gain or profit.
(C) “Cannabis Cultivation Area” means the total aggregate area(s) of Cannabis Cultivation on one or more parcels in the City by a Cannabis Business as measured around the outmost perimeter of each separate and discreet area of Cannabis Cultivation at the dripline of the Canopy expected at maturity and includes, but is not limited to, space between plants within a cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where Cannabis plants are grown, as determined by the City Manager. If Cannabis plants are cultivated using a shelving, tiered, or multi-level system, the surface area of each tier, level or shelf shall be included when calculating the Canopy and Cannabis Cultivation Area.
(D) “Canopy” means the designated area(s) at a licensed Cannabis Business that will contain Cannabis plants at any time. As set forth in subsection (C), if Cannabis plants are cultivated using a shelving, tiered, or multi-level system, the surface area of each tier, level or shelf shall be included when calculating the Canopy area. Canopy area shall be expressed in square feet and measured using clearly identifiable boundaries of all areas that will contain Cannabis plants at any time, including the entire area of those boundaries. Canopy may be noncontiguous, but each noncontiguous area within those boundaries shall be defined by an identifiable boundary such as an interior wall.
(E) “City” shall mean the City of Needles.
(F) “Code” shall mean the City of Needles Municipal Code. (G) “Cultivation” means the planting, growing, harvesting, drying, curing, grading, trimming, and/or processing of one or more Cannabis plants or any part thereof, in any location, indoor or outdoor, including within a Fully Enclosed Structure, as defined. (H) “Cultivation Facility” shall mean a non-residential fixed and stationary building where Cannabis Cultivation occurs.
Agenda Item 12.
3 Cultivation Facility does not include Personal Use Cultivation, as defined. (I) “Marijuana Business Tax” shall mean the tax on persons engaged in marijuana business in the City at a rate of up to 10% of gross receipts as provided for in Chapter 20, Article VIII of the Code, approved by the voters of the City on November 6, 2012. (J) “Personal Use Cultivation” shall mean cultivation by either:
(1) An individual Qualified Patient cultivating Cannabis pursuant to H&S Code section 11362.5, et seq., if he/she cultivates Cannabis for his/her personal medical use and does not sell, distribute, donate, transfer, or provide Cannabis to any other person or entity; or
(2) A Primary Caregiver cultivating Cannabis pursuant to H&S Code section 11362.5, et seq., if he/she cultivates Cannabis exclusively for the medical use of no more than five (5) specified Qualified Patients for whom he/she is the Primary Caregiver within the meaning of H&S Code section 11362.7, and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of H&S Code section 11362.765; or (3) A person 21 years of age or older who, in strict accordance with the City Code, State law and/or regulations, as may be amended from time to time, possesses, plants, cultivates, harvests, dries, or processes not more than six living Cannabis plants and possess the Cannabis produced by those plants, and those living plants are planted, cultivated, harvested, dried or processed within a single private residence, or upon the grounds of a private residence within a Fully Enclosed Structure, are in a locked space, and are not visible by normal unaided vision from a public place.
Section 20-50.4. Alternative Square Foot Tax.
(A) Maximum Monthly Tax Rate. In lieu of the payment of the Marijuana Business Tax set forth in Section 20.40.20 of the Code, the City Council may, by ordinance, impose on persons actively engaged in the business of Cannabis Cultivation in the City, a monthly tax of up to $1.75 per square foot of Cannabis Cultivation Area or fraction thereof.
The tax shall not be applicable to Personal Use Cultivation, nor shall it apply to any Cannabis Business not actively engaged in Cannabis Cultivation. (B) CPI Adjustment. The tax rate specified above in Section (A) shall be adjusted annually by the percentage increase in the Consumer Price Index (“CPI”) as published by the United States Government Bureau of Labor Statistics for Consumers in the Western Consumer Price Index Area West Region Size Class B/C, but in no case more than 5% or less than 2%, starting January 1 of the first full year after such tax is implemented by the City Council as provided for herein, and on each January 1, thereafter. No CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.
Agenda Item 12.
4 (C) Council Imposition of Tax. The Cannabis Square Foot Tax shall not be imposed on any Cultivation Facilities unless and until the City Council, by ordinance, takes action to set the rate, not to exceed the amounts in this Section.
Section 20.50.5. Suspension of Marijuana Business Tax as to Cannabis Cultivation Only. During the time this Square Foot Tax is imposed by Council approved ordinance, the enforcement of the percentage-based Marijuana Business Tax shall be suspended as to Cannabis Cultivation, only. Nothing herein prevents or otherwise suspends the enforcement of the Marijuana Business Tax as to any other Cannabis Business in the City.
Section. 20-50.6. Other Licenses, Permits, Taxes, Fees or Charges. Except as expressly suspended by this Article, nothing contained herein shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any license or permit required by, under or by virtue of any provision of any other Title or Chapter of this Code or any other ordinance or resolution of the city or of its Council, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other Title or Chapter of this Code including, but not limited to, the business tax imposed by and the requirements set forth in Chapter 20, or any other ordinance or resolution of the City or of its Council. Any references made or contained in any other Title or Chapter of this Code to any licenses, license taxes, fees or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other Titles or Chapter of this Code.
Section 20-50.7. Payment of Tax Does Not Authorize Unlawful Business. (A) The payment of the tax required by this Article, and its acceptance by the City, shall not entitle any person to carry on a Cannabis Business unless the person has complied with all of the requirements of this Code, and all other applicable laws, nor to carry on any Cannabis Business in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such Cannabis Business is in violation of any law.
(B) No tax paid under the provisions of this Article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any ordinance of the City.
Section 20-50.8. Other Requirements. The requirements found in Section 20-40.19, and 20-40.21 through 20-40.32, 20-40.37 through 20-40.43 of the City Code are hereby incorporated by reference.
SECTION 2. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a “project” as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly.
Agenda Item 12.
5 SECTION 3. If any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The voters of the City of Needles declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intend that the invalid portions should be severed and the balance of the Ordinance enforced.
SECTION 4. Chapter 20, Article IX of the Needles Municipal Code may be amended by the City Council of the City of Needles without a vote of the people. However, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Ordinance. The people of the City of Needles affirm that the following actions shall not constitute an increase in the rate of the tax:
(1) The restoration of the rate of the tax to a rate that is no higher than that set by this Ordinance, if the City Council has acted to reduce the rate of or suspend collection of all or a portion of the tax;
(2) An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, as long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Ordinance;
(3) The establishment of a class of Person that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Ordinance); and
(4) The collection of the tax imposed by this Ordinance, even if the City had, for some prior period of time, failed to collect the tax.
SECTION 5. If adopted by the voters at the November 5, 2024, election, this Ordinance shall be in full force and effect ten (10) days after the vote is declared valid by the legislative body, pursuant to Elections Code section 9217 and as provided by law.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary thereof, to be published once in a newspaper of general circulation printed and published within the city of Needles, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code section 36933.
NOW, THEREFORE, BE IT ORDAINED by the People of the City of Needles, California.
Agenda Item 12.
6 Approved: Attest:
_______________________ _______________________
Janet Jernigan City Clerk Dale Jones, CMC
Approved as to form:
_________________________
City Attorney John Pinkney
Agenda Item 12.
City of Needles, California
Request for City Council Action
iZI CITY COUNCIL □ NPUA IZI Regular D Special
Meeting Date:
Title:
December 10, 2024
Interviews / appointments to fill vacancies on various Boards and Commissions due to the expiration of terms.
Background: Per council direction the City Clerk posted and published the following vacancies in the Needles Desert Star:
Interviews have been scheduled with the following applications to date:
Board of Public Utilities: Two vacancies, with terms to expire December 31, 2028. The Board meets on the first and third Tuesday of each month at 4:00 pm
Jon McNeil and Stephen Moffitt have reapplied; David Cairns and James Jones have applied.
Planning Commission: One vacancy with a term to expire December 31, 2028. The Commission meets on the first Wednesday of each month at 4:00 p.m.
Owen Long, Joe Payson, Wayne Colburn and James Jones have applied.
Park & Recreation Commission: Three vacancies with terms to expire December 31, 2028. The Commission meets on the third Monday of each month at 4:00 pm.
Cynthia Deleon-Melvin and Lorie Long have reapplied; Jason Parnell and Manuel Rubalcaba have applied.
Housing Commission: One vacancy for a Housing Authority Tenant with a term to expire December 31, 2027. The Commission meets on the fourth Wednesday of each month at 4:00 pm.
No applicants at this time.
Cemetery Commission: One vacancy with a term to expire December 31, 2028. The Commission meets quarterly in January, April, July, and October on the third Thursday.
Charles (Scott) Dressler has applied.
Recommended Action: Appoint/Re-Appoint to the Board of Public Utilities _______ _ & ___________ with terms to expire December 31, 2028.
Appoint to the Planning Commission ____________ , with a term to expire December 31, 2028.
Appoint/Re-Appoint to Park & Recreation Commission. ________________ _ and __________ , with terms to expire December 31, 2028.
Appoint to the Planning Commission ____________ , with a term to expire December 31, 2028.
Submitted By: Candace Clark, Interim City Clerk
City Manager Approval: /4L /,,,Y�
Other Department Approval (whenrZ'ired)
: _______ _
Date:
Date: _____ _
Approved: D Not Approved: D Tabled: □ Other: D
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
£S Outlook
Parks & Rec
From lorie long
Date Tue 11/26/2024 9:45 AM
To Candace Clark <[email protected]>
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Sent from my iPhone
Mrs. Mayor and City Council
My name is Lorie Long. I have lived in
Needles for the past 21 years. I've been on
the Parks and Recreation Commission since
2020. In the past 4 yrs I've learned so much
about our city. It was a honor to be a part of
the wonderful improvements made so far to
our parks. I would like to continue to be on the
Parks and Recreation commission to help
make Needles a better place to live.
Sincerely Lorie Long
Needles Ca. 92363
(J\f \b�� �
I dv � 3-dL{ Jl, us-'8)(7 9 0S�I
• • • I • • • Agenda Item 13.
Agenda Item 13.
Agenda Item 13.
ra Outlook
cemetary commision
From scott d
Date Thu 12/5/2024 12:02 PM
To Candace Clark <[email protected] >
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
To whom it may concern, This is Charles (Scott) Dressler I would like to serve on the needles Cemetary Commision. My address is 2257 Casa Loma st needles, ca , Due to a prior engagement i will not be able to attend the dee 10 2024 council meeting Thank you for your Consideration. Scott Dressler Agenda Item 13.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: League of California Cities 2025 SoCal Mayor and Council Member Academy January 29-31, 2025 in Anaheim / Garden Grove, CA Background: The League of California Cities 2025 SoCal Mayor and Council Member Academy is at the Delta Hotels by Marriott – Anaheim/Garden Grove.
Fiscal Impact: Cost for the full conference is $675
Hotel accommodations per person are approximately $700 for three nights plus travel expenses. Estimated cost per councilmember is approximately $2,000. General Fund travel per diem account 2024- 2025 budget
Recommended Action: Authorize those interested to attend the League of California Cities Mayor and Council Member Academy January 29-31, 2025 in Anaheim/Garden Grove.
Submitted By: Interim City Clerk Candace Clark, CPMC, CMC City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
12/04/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 14.
Mayors and Council Members Academy
Jan. 29-31 in Garden Grove, 2025
Whether you’re a new mayor or city council member, or you’ve been serving your community for years, this academy is for you. The academy covers the legal, financial, and practical fundamentals to your job as an elected city official. Just as vital, you’ll have opportunities to foster relationships with your peers. Sessions also include an update on key legislative issues and an overview of your Cal Cities services.
Academy Information
Registration →
Capacity is limited, and registration is subject to sell out prior to the deadline.
Register early!
Full Registration Includes:
admission to all educational sessions
admission to Wednesday lunch and evening reception, Thursday breakfast and lunch, and Friday breakfast
Conference Registration Fees
Member-City Officials and Staff $675
Non-Member City Officials and Staff $1,675
Guest/Spouse Reception Pass $50
Hotel and Travel →
A limited number of hotel rooms are available at a reduced rate for conference attendees.
Hotels are subject to sell out prior to the deadline – reserve early! Delta Hotels by Marriott –
Anaheim/Garden Grove
12021 Harbor Blvd
Garden Grove, CA 92840
Group Hotel Rate (per night): $169 – Single/Double
Occupancy (plus tax and fees)
Discounted rate deadline: 12/30/24*
Agenda Item 14.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Ordinance 671-AC of the City Council of the City of Needles, California, Amending Chapter 15A of the Needles Municipal Code to add Sec.15A7.3 entitled Graffiti Art Wall Regulations.
Background: The Duke Watkins Graffiti Art Wall was recently completed. Attached are the rules approved by City Council at the regularly scheduled meeting on October 8, 2024.
Fiscal Impact: Cost to Publish the Ordinance
Recommended Action: Waive the reading and approve for introduction Ordinance 671-AC of the City Council of the City of Needles, California, Adding Sec.15A-7.3 to Chapter 15A of the Needles City Code Setting Regulations for the use Of the Graffiti Art Wall.
Submitted By: Jennifer Valenzuela and City Clerk’s Department City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 15.
1 ORDINANCE NO. 671-AC
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA, AMENDING CHAPTER 15A OF THE
NEEDLES MUNICIPAL CODE TO ADD SECTION 15A-7.3
TO ESTABLISH REGULATIONS FOR THE USE OF THE GRAFFITI ART WALL WHEREAS, the City Council of the City of Needles, California reviewed the proposed section 15A-7.3 of the Needles Municipal Code, entitled Splash Pad Area Regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEEDLES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council HEREBY FINDS AND DETERMINES that this activity is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Section § 15060 (c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve an amendment to the Needles Municipal Code (“Needles Code”).
SECTION 3. The City Council HEREBY APPROVE Ordinance 671-AC amending the Needles Code as follows:
Chapter 15A of the Needles Municipal Code is hereby amended to add section 15A-7.3 as follows:
Sec. 15A-7.3 Graffiti Art Wall Rules is hereby modified as follows:
The following regulations shall apply within the Graffiti Art Wall:
The Graffiti Art Wall is a safe space for expression, self-policed by City of Needles. The Graffiti Art Wall may be closed and removed if the City determines that these rules have not been followed.
1. Paint only on walls designated; do not paint on trees, sidewalks, monuments, equipment, structures, or buildings.
2. Respect the park and neighborhood. Paint is only permitted on the Graffiti Art Wall and nowhere else in the community.
3. Properly dispose of used paints and supplies in special bin provided by the City.
Clean up after yourself, do not leave a mess and let’s make this project work for everyone in the community.
4. Always be respectful of other artists, their expressions, ideas, and work. Keep it about the positivity. That means no hate speech, pornographic material, gang-related tags.
Create ART not Vandalism.
5. Share this Space – This is a community “Graffiti Art Wall” and is to be used as a Agenda Item 15.
2 learning tool. Paint your piece, take your photos, learn your lessons, and do not get upset when/if someone paints over your artwork.
The ideas and thoughts expressed on the Graffiti Art wall do not necessarily represent the residents of the City of Needles.
a. Any person who damages the Graffiti Art Wall may be subject to civil or criminal citations and penalties.
b. Any violation of any section herein shall be deemed to be an infraction and is punishable as such according to the provisions of the Needles Municipal Code and state or federal law.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining potions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 5. This action shall become final and effective thirty (30) days after this decision by the City Council as provided by the Needles City Code. [Remainder of the page intentionally left blank.]
Agenda Item 15.
3 SECTION 6. The City Clerk shall certify to the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Needles, California, approve an amendment to the 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 10th day of December 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Janet Jernigan, Mayor
(Seal)
ATTEST: __________________________________
Candace Clark, Interim City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting ofthe City Council of the City ofNeedles, California, held on the 14th day of January 2025 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Janet Jernigan, Mayor
(Seal)
ATTEST: __________________________________
Candace Clark, Interim City Clerk
Approved as to form:
_______________________________
City Attorney John Pinkney
Agenda Item 15.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 12, 2024
Title: Approve the Real Estate Purchase and Sale Agreement with BNSF Railway Company for a Portion of APN 0185-091-14 for Eagle Pass Road Right-of-Way Background: The City purchased a parcel of land from BNSF (APN# 0185-091-09) that corresponds to a part of Eagle Pass Road near a City owned electrical substation for $10,000. It was later discovered that there was an error in the legal description leaving a gap of approximately 132 feet from connecting Eagle Pass Road with the City’s substation land.
Recently, staff met with BNSF representatives and negotiated the sale of the 132’ that was unintentionally left out of the earlier purchase to provide the city contiguous access to the substation.
An Agreement has been drafted and approved by both parties. The cost associated with the real estate purchase from BNSF to the City is $5,000 with an administration fee of $2,500.
Fiscal Impact: A total not to exceed $7,500 for the real estate purchase and administration fee, is to be funded by General Fund Reserves.
Recommendation: Approve the Real Estate Purchase and Sale Agreement with BNSF Railway Company for a Portion of APN 0185-091-14 for Eagle Pass Road Right-of-Way in an amount NTE $7,500 and authorize staff to execute said agreement
Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:
Other Department Approval (when required): Date:
12/4/2024
12/04/2024
Approved: Not Approved: Tabled: Other:
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 1 -
BNSF RAILWAY COMPANY
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement (“Agreement”) is entered into as of the Effective Date (defined below) between the CITY OF NEEDLES, CALIFORNIA (“Buyer”) and BNSF RAILWAY COMPANY ("Seller"). This Agreement shall not be binding upon either party unless and until both parties have executed and delivered this Agreement. The submission of this document by Seller to Buyer shall not constitute an offer to sell by Seller.
In consideration of the mutual covenants set forth in this Agreement and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
GENERAL TERMS AND DEFINITIONS
1. The following terms shall have the meanings set forth below:
Closing. The consummation of the transaction contemplated by this Agreement, which shall be deemed to have occurred when both parties have delivered the items contemplated in Section 4 of this Agreement.
Closing Date Notwithstanding, anything herein, this sale shall close on or before March 12, 2025. Seller shall have the right to extend the closing up to ninety (90) days, at Seller’s sole judgment.
Earnest Money The cash sum of Five Thousand and No/100 Dollars ($5,000.00) made payable to BNSF Railway Company.
Effective Date The date of Seller’s execution of this Agreement as indicated below Seller’s signature hereto.
Property That parcel of land situated in or near the City of Needles, County of San Bernardino and State of California, shown hatched black on map marked Exhibit A dated 3-31- 2020 attached hereto and made a part hereof, subject to revision as set forth below in Section 3.
Purchase Price The sum of Five Thousand and No/100 Dollars ($5,000.00).
Review Period The period commencing on the Effective Date and expiring at 5:00 p.m. central time on the date that is 60 days after the Effective Date.
PURCHASE AND SALE
2. (a) Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase and accept from Seller, for the Purchase Price, all of Seller’s right, title and interest (if any), in and to the Property.
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 2 -
INSPECTION
3. (a) After the Effective Date, Buyer shall, at Buyer’s sole cost and expense, cause to be prepared a survey of the Property certified to Seller, Buyer and such other parties as Buyer may choose showing the boundaries of the Property and any improvements located thereon (the “Survey”). Said Survey shall be delivered to Seller no later than twenty (20) days prior to the Closing Date. Seller shall have the right to review and require necessary changes to the Survey to more accurately describe the Property and any Easements located thereon. If Seller does not agree that the description of the Property contained on the Survey is the Property Seller wishes to sell or otherwise objects to the Survey then Seller may terminate this Agreement by written notice to Buyer in which case the Earnest Money shall be refunded to Buyer and neither party shall have any further obligation hereunder except those that expressly survive termination.
If Seller agrees in writing that the Survey description is accurate then the description thereon shall be the definition of the Property for all purposes under this Agreement. In the event a city, county, or other governing authority where the Property is located (a “Municipality”) requires a survey or plat to convey the Property (a “Plat”), the Buyer shall obtain, at Buyer's sole cost and expense, such Plat and the approval of such Municipality. Seller’s obligations hereunder are conditioned upon Seller’s approval of the Plat approved by the Municipality. Buyer shall provide the proposed Plat to Seller prior to submission to the Municipality and prior to the expiration of the Review Period. (b) Buyer shall have until the end of the Review Period to examine title to the Property. If Buyer elects to obtain a title commitment for the Property Buyer may deliver to Seller no later than the expiration of the Review Period written notice of any objections to the status of title or matters reflected on the Survey that Buyer may have together with a copy of such title commitment, Survey and all matters referenced therein.
Seller shall have no obligation to cure any such objection. If Seller notifies Buyer in writing that Seller will cure any such objection Seller (a) shall make good faith efforts to cure such matter by the Closing Date and if not cured by such date Buyer may terminate this Agreement in which case the Earnest Money shall be refunded to Buyer and neither party shall have any further obligation hereunder except those that expressly survive termination, and (b) may effect such cure by causing the title company issuing the title commitment to remove such matter as an exception from coverage by paying additional premium therefor or otherwise.
If Seller at any time notifies Buyer in writing that Seller is not willing or able to cure any of the such objections (including those which Seller has previously endeavored to cure) then Buyer or Seller may terminate this Agreement by written notice to the other delivered within five (5) days after Seller so notifies Buyer that Seller is unwilling or unable to cure such objection. In the event of such termination, the Earnest Money shall be refunded to Buyer and neither party shall have any further obligation hereunder except those that expressly survive termination. If this Agreement is not so terminated, the parties shall proceed to Closing according to the remaining provisions of this Agreement.
(c) Prior to any entry upon the Property by Buyer, the surveyor preparing the Survey or other individuals on behalf of Buyer, Buyer shall obtain all required access Permits and/or Licenses by completing the application process via https://railpermitting.com. The terms and provisions of the issued Permits and/or Licenses are incorporated herein, shall survive the Closing, shall not be merged into the Deed or any document delivered at Closing and shall survive any termination of this Agreement.
Notwithstanding anything in this Agreement to the contrary, including the provisions of Section 6(a), nothing in this Agreement or the exercise of any remedy by Seller under this Agreement shall limit or affect in any manner any remedy available to Seller under the issued Permits and/or Licenses. (d) Notwithstanding the foregoing provisions of Section 3(b), Buyer shall not be entitled to object to any judgment against Seller which may appear of record as a lien against the Property. Seller shall pay such lien if and when it is judicially determined to be valid, and Seller hereby indemnifies the Buyer for all loss arising out of Seller's failure to have a judgment lien so settled and satisfied.
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 3 -
CLOSING
4. (a) Subject to the terms of this Agreement, the Closing shall occur on the Closing Date. On or before the Closing Date Buyer shall (1) pay the Purchase Price, less the Earnest Money to Seller in cash, by certified check made payable to BNSF Railway Company or by wire transfer to Seller's account as designated by Seller and the Earnest Money shall become the property of Seller and no longer subject to the terms of this Agreement, and (2) such other affidavits or certificates as is reasonably necessary or customary to consummate the transaction. After Buyer has delivered the foregoing items, Seller shall deliver to Buyer (1) a Quitclaim Deed in recordable form, subject to all matters of record and restating the exceptions and reservations set forth in Section 8 (the “Deed”) conveying to Buyer Seller’s interest, if any, in and to the Property and (2) such other affidavits and certificates as is reasonably necessary or customary to consummate the transaction in form and substance acceptable to Seller.
PRORATIONS AND CLOSING COSTS
5. (a) Real estate taxes and assessments payable or paid in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date on the basis of the most recent ascertainable taxes assessed against the Property. If the Property is not separately assessed for tax purposes then there shall be no proration of taxes between Buyer and Seller, the parties shall cooperate post-Closing to cause the Property to be separately assessed and each party shall indemnify the other for any failure to pay real estate taxes and assessments due with respect to the properties constituting the tax parcel to which the Property is a part.
Notwithstanding the foregoing, there shall be no proration for taxes to the extent the payment of same has been assumed by a tenant under an existing lease to be assigned to Buyer. All outstanding assessments on the Property levied or due in the year of Closing and afterward shall be paid by Buyer. (b) The parties shall cooperate so that utilities serving the Property that are not the responsibility of a tenant under a lease to be assigned to Buyer at Closing, to the extent feasible, shall be switched into the name of Buyer as of the Closing Date, so that a final statement can be issued to Seller for the billing period ending on the Closing Date, and so that the first day of the first billing cycle in Buyer's name can begin on the Closing Date. If, however, the final statement covering the final period of ownership by Seller also includes periods of ownership by Buyer, Buyer shall pay Seller at Closing the amount attributable to Buyer’s period of ownership. Buyer shall be responsible to pay all utilities serving the Property due after Closing.
(c) Buyer shall pay all closing costs associated with Closing including, but not limited to, any escrow fees, documentary stamps and other recording costs associated with this transaction, excise taxes, the cost of any state, county or local transfer taxes, the cost of the Survey, and the costs associated with any title insurance obtained by Buyer.
(d) If any real estate broker or agent can establish a valid claim for commission or other compensation as a result of Buyer having used their services in connection with the purchase of the Property, all such commission or other compensation shall be paid by Buyer. Seller shall not be liable for any real estate commissions or finders fees to any party with respect to the sale of the Property, except amounts due to Jones Lang LaSalle Brokerage Inc._("Broker") pursuant to a separate agreement. Buyer acknowledges that Broker has advised, and hereby advises, Buyer that the Broker is acting as on behalf of the Seller, with the duty to represent Seller's interest, and Broker is not the agent of the Buyer. If a policy of title insurance is to be obtained, Buyer should obtain a commitment for title insurance which should be examined prior to closing by an attorney of Buyer's choice. Prior to the execution of this Agreement, Broker has advised and hereby advises the principals of this transaction, that this Agreement is binding on them, and the principals hereby acknowledge that they have been so advised. Broker has no authority to execute any document on behalf of Seller, make representations on behalf of Seller or bind Seller in any manner.
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 4 -
(e) The obligations of the parties in this Section 5, to the extent incurred, shall survive any termination of this Agreement.
DEFAULT AND REMEDIES
6. (a) In the event of a default by Buyer under the terms of this Agreement, Seller’s sole and exclusive remedies shall be: (a) terminate this Agreement whereupon the parties shall have no further obligations hereunder except those that expressly survive termination, or (b) waive such default and proceed Closing, or (c) obtain specific performance of this Agreement. If Seller terminates this Agreement as provided in the previous sentence Seller shall be entitled to retain the Earnest Money. Notwithstanding the foregoing, nothing contained herein shall waive or diminish any right or remedy Seller may have at law or in equity for Buyer’s default or breach of any obligation hereunder to be performed by Buyer after Closing. It is hereby agreed that Seller's damages in the event of a default by Buyer hereunder are uncertain and difficult to ascertain, and that the Earnest Money constitutes a reasonable liquidation of such damages and is intended not as a penalty, but as liquidated damages.
(b) In the event of a default by Seller under the terms of this Agreement, Buyer’s sole and exclusive remedies hereunder shall be to terminate this Agreement and receive a refund of the Earnest Money.
Upon such termination and the payment of such sums by Seller the parties shall have no further obligations hereunder except those that expressly survive termination. Notwithstanding the foregoing, nothing contained herein shall waive or diminish any right or remedy Buyer may have at law or in equity for Seller’s default or breach of any obligation hereunder to be performed by Seller after Closing.
NATURE OF SALE
7. Buyer has been allowed to make an inspection of the Property. BUYER IS PURCHASING THE PROPERTY ON AN “AS-IS WITH ALL FAULTS” BASIS WITH ANY AND ALL PATENT AND
LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND IS NOT RELYING ON ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM SELLER AS TO ANY MATTERS CONCERNING THE PROPERTY, including, but not limited to the physical condition of the Property; zoning status; tax consequences of this transaction; utilities; operating history or projections or valuation; compliance by the Property with Environmental Laws (defined below) or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the Property; the presence of any Hazardous Substances (defined below), wetlands, asbestos, lead, lead-based paint or other lead containing structures, urea formaldehyde, or other environmentally sensitive building materials in, on, under, or in proximity to the Property; the condition or existence of any of the above ground or underground structures or improvements, including tanks and transformers in, on or under the Property; the condition of title to the Property, and the leases, easements, permits, orders, licenses, or other agreements, affecting the Property (collectively, the “Condition of the Property”). Buyer represents and warrants to Seller that Buyer has not relied and will not rely on, and Seller is not liable for or bound by, any warranties, guaranties, statements, representations or information pertaining to the Property or relating thereto (including specifically, without limitation, Property information packages distributed with respect to the Property) made or furnished by Seller, the manager of the Property, or any real estate broker or agent representing or purporting to represent Seller, to whomever made or given, directly or indirectly, orally or in writing. Buyer assumes the risk that Hazardous Substances or other adverse matters may affect the Property that were not revealed by Buyer’s inspection and indemnifies, holds harmless and hereby waives, releases and discharges forever Seller and Seller’s officers, directors, shareholders, employees and agents (collectively, “Indemnitees”) from any and all present or future claims or demands, and any and all damages, Losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort or asserting a Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 5 -
constitutional claim) costs and expenses (including, without limitation fines, penalties and judgments, and attorneys’ fees) of any and every kind or character, known or unknown, arising from or in any way related to the Condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any Hazardous Substances in, on or under the Property.
Losses shall include without limitation (a) the cost of any investigation, removal, remedial, restoration or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Seller remaining property or the operations or business of the Seller on its remaining property to be in compliance with the requirements of any Environmental Law, (c) Losses for or related to injury or death of any person, (d) Losses for or related to injury or damage to animal or plant life, natural resources or the environment, and (e) Losses arising under any Environmental Law enacted after transfer. The rights of Seller under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of Buyer to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any Hazardous Substances on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law relating in any way to human health, occupational safety, natural resources, plant or animal life or the environment, including without limitation, principles of common law and equity, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. The provisions of this Section 7 shall be binding on Buyer, and its heirs, successors and assigns, shall be included in the Deed and shall be covenants running with the land.
RESERVATIONS
8. The obligations in this Section 8 shall be binding upon Buyer and its heirs, successors and assigns, shall be included in the Deed and shall be covenants running with the land benefiting Seller and Seller’s successors and assigns. For purposes of this Section 8, Grantor shall mean Seller and Grantee shall mean Buyer. Buyer may object to the reservations set forth in Section 8(a) below in accordance with the provision of Section 3 and if Seller is unwilling or unable to cure such objection either party may terminate this Agreement as set forth in Section 3.
(a) Grantee’s interest shall be subject to the rights and interests of Grantor, Grantor’s licensees, permittees and other third parties in and to all existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Grantor, Grantor's licensees, permittees or other third parties and whether or not of public record.
Grantor shall have a perpetual easement on the Property for the use of such existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements by Grantor and Grantor’s licensees, permittees and customers. Grantor shall have a non-exclusive easement for the construction, maintenance and operation of one or more pipelines or fiber optic lines and any and all communications facilities as may be located in the future on the Property within 60 feet of the center line of any Main Track on or adjacent to the Property and as may be presently located on the Property.
(b) Grantee’s interest shall be subject to a reservation to Grantor of all coal, oil, gas, casing-head gas and all ores and minerals of every kind and nature including sand and gravel underlying the surface of the Property, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 6 -
will not damage structures on the surface of the Property, together with the right of access at all times to exercise said rights.
(c) Any improvements constructed or altered on the Property after the date Grantor quitclaims its interest to Grantee shall be constructed or altered in such a manner to provide adequate drainage of water away from any of Grantor’s railroad tracks on nearby property. (d) Grantor reserves unto itself, its successors and assigns, in perpetuity, any and all nonriparian water and water rights associated with the Property, including but not limited to, any and all ditches and ditch rights, water wells, springs, diversion works, water lines, pipes, pumps, motors, generators, electrical gear and wires, and any related equipment and improvements whatsoever, historically used upon or associated with the Property, including all mutual water company shares, ditch shares, water service agreements and contracts, and water claims, and including but not limited to, all unappropriated, undeveloped or unused water and water rights associated with or underlying the Property, and the exclusive right to develop and take water from the Property by any means, and including all appropriations, priorities, permits and certificates which are appurtenant to, associated with, used upon, flowing over, under, or lying on, in, or under the Property, together with the perpetual right to construct, install, operate, replace, rework, reconstruct, rehabilitate and maintain any and all water diversion, production, and transportation structures, equipment, improvements and piping, including but not limited to, headgates, diversion structures, water wells, water well houses, water well casing, water well screens, spring collection galleries, sumps, water pipes, and related electrical gear and wires, and to construct, install, operate and maintain water pumps and hydroelectric generation equipment and all equipment necessary, convenient or related to the production, transportation or delivery of water from, on, under or across the Property, or any portion thereof.
(e) For 99 years after the Closing Date, Grantee covenants and agrees that the Property shall be used solely for non-residential purposes and that the groundwater will not be used for drinking water or irrigation purposes.
REPRESENTATIONS
9. Buyer represents and warrants to Seller that if Buyer is other than a natural person or persons that it is a validly formed charter city under the laws of the State of California; that it is in good standing in the state of its organization and in the state in which the Property is located; that it has all requisite authorizations to enter into this Agreement; and that the parties executing this Agreement on behalf of Buyer are duly authorized to so do. Buyer represents and warrants to Seller that it is not subject to any bankruptcy proceeding. Seller represents and warrants to Buyer that it is a validly formed corporation under the laws of the State of Delaware; that it is in good standing in the state of its organization and in the state in which the Property is located; that it is not subject to any bankruptcy proceeding; that it has all requisite corporate authorizations to enter into this Agreement; and that the parties executing this Agreement on behalf of Seller are duly authorized to so do. It shall be a condition of each party’s obligations to Close this transaction that the representations and warranties of the other party contained herein are true and accurate as of Closing, provided, however that if one party waives such condition by proceeding to Close with knowledge that any of the second party’s representations or warranties are inaccurate, the second party shall have no liability with respect to such inaccuracy known by the first party.
MISCELLANEOUS
10. (a) Any notice under this Agreement must be written. Notices must be either (i) hand-delivered; (ii) placed in the United States certified mail, return receipt requested, addressed to the recipient; (iii) Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 7 -
deposited with a nationally recognized overnight delivery service, addressed to the recipient as specified below; or (iv) telecopied by facsimile transmission to the party at the telecopy number listed below, provided that such transmission is followed with a copy sent by overnight delivery or regular mail to the address specified below. Any notice is effective upon deposit with the U.S. Postal Service or with the overnight delivery service, as applicable; all other notices are effective when received. All notices shall be addressed to the address of the recipient indicated below the signature of such party below. Either party may change its address for notice by proper notice to the other party. (b) If the approval of any governmental agency is required for the sale of Seller’s interest (if any) in the Property, it is understood and agreed that Seller’s obligations under this Agreement are conditioned upon obtaining such approval and that both parties shall use good faith efforts to obtain such approval. If such approval cannot be obtained by the Closing Date, Seller may elect to extend the Closing Date to a date no later than ninety (90) days after the original Closing Date. In the event said approval cannot be obtained by such extended date, either party may terminate this Agreement without liability to the other, except that the Earnest Money shall be refunded to Buyer and thereafter neither party shall have any obligation hereunder except those that expressly survive termination. (c) Nothing in this Agreement shall prevent Seller from discontinuing service over any railroad line or lines by which rail service may be provided to the Property. (d) If, prior to Closing, the Property or any portion thereof is destroyed or damaged, or becomes subject to a taking by virtue of eminent domain to any extent whatsoever then either party may terminate this Agreement by written notice to the other within thirty (30) days after notice of such fact (but in any event prior to Closing). If so terminated, the Earnest Money shall be refunded to Buyer and neither party shall have any further obligations hereunder except those that expressly survive termination. If not so terminated the parties shall proceed with the Closing.
(e) Time is of the essence of each of the party’s respective obligations under this Agreement.
Whenever a date specified in this Agreement falls on a Saturday, Sunday, or federal holiday, the date will be extended to the next business day.
(f) This Agreement and, to the extent executed, the Entry Agreement, contains the entire Agreement between Seller and Buyer with respect to the Property. Oral statements or prior written matters not specifically incorporated into this Agreement are superseded hereby. No variation, modification, or change to this Agreement or the Entry Agreement shall bind either party unless set forth in a document signed by both parties. No failure or delay of either party in exercising any right, power or privilege hereunder shall operate as a waiver of such party’s right to require strict compliance with any term of this Agreement. The captions above the section numbers of this Agreement are for reference only and do not modify or affect this Agreement. Each party has had the opportunity to have counsel review this Agreement and the Entry Agreement and, therefore, no rule of construction that any ambiguities are to be resolved against the drafting party must not be employed to interpret this Agreement, the Entry Agreement or any closing document. This Agreement and the Entry Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute the same Agreement. This Agreement and the Entry Agreement are intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any term or provision of this Agreement or the Entry Agreement or the application thereof to any person or circumstance shall for any reason and to any extent be held to be invalid or unenforceable, then such term or provision shall be ignored, and to the maximum extent possible, this Agreement and the Entry Agreement (to the extent executed) shall continue in full force and effect, but without giving effect to such term or provision.
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 8 -
(g) Buyer may not assign its interest in this Agreement or the Entry Agreement without Seller’s prior written consent. The provisions of this Agreement and, to the extent executed, the Entry Agreement, shall bind Seller, the Buyer, and their heirs, executors, administrators, successors and assigns and shall and inure to the benefit of the Seller, the Buyer and their heirs, executors, administrators, permitted successors and assigns. If Buyer is more than one person or entity, Buyer’s obligations under this Agreement and, to the extent executed, the Entry Agreement, shall be joint and several. (h) This Agreement relates only to land. Unless otherwise herein provided, any conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's buildings and any other improvements on the Property, all of which may be removed by Seller within 90 days following conveyance of the Property, and if not removed, shall be deemed abandoned by the Seller without obligation on the Seller's part and shall thereafter be and become the Property of the Buyer in place. Notwithstanding the foregoing, Seller shall not have to remove any improvements or fixtures for which an easement has been reserved hereunder or in the deed.
(i) Seller is not a foreign person as the term is used and defined in Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereunder. Seller shall, upon request of Buyer, complete an affidavit to this effect and deliver it to Buyer on or before closing of said sale. (j) The provisions of Sections 5-8 and Section 10 of this Agreement shall survive Closing and shall not be merged into the Deed or any other document delivered at Closing. The provisions of Section 9 of this Agreement shall survive Closing for a period of one year and shall not be merged into the Deed or any other document delivered at Closing. Nothing in this section shall alter any requirement in any other Section of this Agreement for the provisions of such section to be incorporated into the Deed, such as Sections 7 and 8.
(k) If any action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, costs, and discovery or investigation expenses in addition to any other relief to which that party may be entitled. (l) SELLER AND BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUITE OR COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO, THIS AGREEMENT.
ADMINISTRATIVE FEE
11. Buyer acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Buyer and Seller, that the Buyer shall pay upon return of this Agreement signed by Buyer to Seller's Broker a processing fee in the amount of $2,500.00 over and above the agreed upon Purchase Price. Said fee shall be made payable to BNSF Railway Company by a separate check. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 9 -
IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement to be effective as of the Effective Date.
BUYER:
Buyer's name as it is to appear on deed
(PRINTED/TYPED)
By:
Print Name:
Title:
Buyer’s Address:
Attn:
Fax:
Phone:
Buyer’s SSN or EIN:
SELLER:
BNSF RAILWAY COMPANY
By:
Print Name:
Title:
Seller’s Address:
c/o Jones Lang LaSalle Global Services, Inc.
Attn:
Fax:
Phone:
Date of Seller’s Execution (Effective Date)
Agenda Item 16.
Real Estate Purchase and Sale Agreement Form 603; Rev12/22/09 - 10 -
EXHIBIT A
[Attach Map showing Property cross-hatched in black]
Agenda Item 16.
E
a
g
l
e
P
a
s
s
R
d
PCL-33
PCL-33
PCL-37
PCL-1
EXHIBIT"A"
JLLTI
#
:-
BWProj.No.:12196.003
MAPREFERENCE:
STA.=506520
R/W=-
TO:CITYOFNEEDLES,CA
AT:NEEDLES
SANBERNARDINOCOUNTY,
CA
MEASUREMENTSBASEDONPROVIDEDSURVEYS
(S)MEASUREMENTSTAKENOFFSURVEY
(M)MEASUREMENT
This map used by BNSF RAILWAY COMPANY in the ordinary course of business, but it is subject to audit and should be used only with the expressed understandingthe BNSF make no representations whatsoever about the quality, accuracy, errors or omissions relating to this map. ³
COORDINATESYSTEM:CA_5
DRAWNBY:JNCDRAWINGNO.78379
CALIFORNIADIVISION
NEEDLESSUBDIVISION-L.S.7200-6
VAL.SEC.48020
AT&SFRYCA-31,MAP02C
SEC.30,T9N,R23ESBM
DATE:3/31/2020
OPPMP578.81
LEGEND:
SALEAREA
RIGHTOFWAYLINE
PARCELLINES
TRACK
SCALE:
1IN=100FT
OPPMP578.81
34.844239-114.617818
SanBernardino
^_
TO: L.S. 7200 MAIN 13
5'(M)
60'(M)
Agenda Item 16.
Agenda Item 16.
Agenda Item 16.
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: December 10, 2024
Title: Waive the reading and adopt Resolution No. 2024-47 prioritizing and approving the dollar amount of Needles eligible projects for Community Development Block funding for Fiscal Year 2025-2026
Background: This is the public’s opportunity to comment on the City’s eligible Community Development Block Grant project proposed for funding in 2025-2026. The proposed projects are:
1. Continuation of Needles Senior Citizen’s Transportation Services.
Each year we are asked by the County to prioritize eligible projects for funding. This year’s allocation is a total of $7,900. The City’s estimated allocation of $7,900 is subject to change, per San Bernardino County. Grant unprogrammed funds will make up the difference between the project totals and the allocation.
Fiscal Impact: N/A.
Environmental Impact: None
Recommended Action: Waive the reading and adopt Resolution 2024-47 prioritizing and approving the dollar amount of Needles eligible projects for the Community Development Block Grant Funding in fiscal year 2025-2026.
Submitted By: Tammy Ellmore, Engineering Tech II
City Manager Approval: Date:
Other Department Approval (when required): Date:
Approved: Not Approved: Tabled: Other:
12/5/2024
Agenda Item 17.
RESOLUTION NO 2024-47
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEEDLES, CALIFORNIA, APPROVING ELIGIBLE
ACTIVITIES FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING IN FISCAL YEAR 2025-2026
WHEREAS, the City of Needles anticipated share of San Bernardino County’s Community Development Block Grant (CDBG) program allocation is approximately $7,900 for the Fiscal Year 2025 - 2026, and
WHEREAS, public hearing is held for the prioritization of CDBG program applications on December 10, 2024, and
WHEREAS, each year the County requests the City to prioritize CDBG eligible projects for funding, and
WHEREAS, This year’s estimated allocation is $7,900, with the use of CDBG unprogrammed funds for a total of $7,900, this estimated allocation is subject to change per San Bernardino County Department of Community Development, and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Needles, California, that it hereby approves the following priority and dollar amount of allocated funds for 2025-2026 CDBG eligible projects.
1. Continuation of Needles Senior Citizens’ Transportation Service - $7,900.
BE IT FURTHER RESOLVED, by the City of City of Needles, California, that it authorizes the City Manager to sign said agreement.
PASSED, APPROVED, AND ADOPTED at the regular meeting of the City Council of the City of Needles, California, held on the 10th day of December 2024, by the following vote:
AYES:
NOTES:
ABSENT:
ABSTAIN: Mayor
(Seal)
ATTEST:
APPROVED AS TO FORM: City Clerk
City Attorney
Agenda Item 17.
City (1): City Council Hearing Date (2): 12/10/2024
$ 7,900 Public Service Limit (15%) (4): $ 7,900
Public Service
YIN
(8)
Applicant's
Requested Amount (9)
City's 2025-2026
Recommended
Allocation Amount
(10)
Available
Unprogrammed
Funds to Commit
to Activity
(11)
Public Service
Amount
(12)
Activity
Total
(13)
Y $ 7,900 $ 7,900 $ - $ - $ 7,900
$ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Totals (14) $ 7,900 $ 7,900.00 $ - $ - $ 7,900.00
Public Service Calculation (15):
$ 7,900
Less Total Public Service
Activity Amount: $ - $ 7,900
$ -
Signature Date (18)
The City agrees to enter into a "General Fund Guarantee" in order for the County to recommend activity funding.
Remaining Balance of Unprogrammed Funds(16):
Public Service Limit:
Authorized City Representative (17):
General Fund Guarantee Certification (19)
For Third-Party capital improvement activities, the City understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program.
Amount Available to Program to Public
Service Activities:
Project Title
(* indicates project requires a "General Fund Guarantee") (7)
DIAL-A-RIDE TRANSPORTATION SERVICES
COUNTY OF SAN BERNARDINO
Community Development and Housing Department
2025-2026 Community Development Block Grant (CDBG) Program Cooperating City Recommended Projects Form
CDH Application Log #
(6)
NEED25PS-031
City's 2025-2026 Allocation (3):
Available Unprogrammed Funds From
Prior Years (5):
City of Needles
YES
Agenda Item 17.
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: November 22, 2024
1. This past week, city officials, members of the Needles community, and representatives from the San Bernardino County Department of Behavioral Health, Sheriffs Department, and Pacific Clinics gathered to celebrate the grand opening of the Pacific Clinics Needles Clubhouse during an open house event on November 20, 2024, at 1060 E. Broadway Street. The Planning Commission unanimously approved Pacific Clinics, which provides accessible behavioral health services, including wellness programs, resilience training, recovery resources, skill-building workshops, support groups, and other local resources. Open to community members aged 18 and older, the clubhouse features Wi-Fi, computers, and engaging activities designed to foster connections and promote positive coping skills. The City of Needles is proud to partner with Pacific Clinics and the San Bernardino County Department of Behavioral Health to deliver this essential resource, aligning with the City's mission to create a safe, healthy, and familyfriendly environment. For a glimpse into the event, see the attached images, and for more information on programs, refer to the flyer or contact Sonia Vicario at 626-753-8725 or [email protected].
2. The Duke Watkins Park Improvement Project, with a budget of $3,965,400, is nearing completion, marking an exciting milestone for our community. This week, the paving rehabilitation of Flip Mendez Parkway was finalized, enhancing access to the park. We thank San Bernardino County Supervisor Dawn Rowe and the San Bernardino County Community Development and Housing Department for their generous $175,000 contribution through the CDBG Block Grant Fund, which made this rehabilitation possible. In addition to the roadway improvements, the project brings significant enhancements, including a small dog park, shade structures, a Route 66-themed splash pad, new restrooms, and a state-of-the-art pump track.
We invite the community to join us for the Duke Watkins Ribbon Cutting on December 3, 2024, at 10:00 a.m. at Duke Watkins Park (1500 Flip Mendez Pkwy) to celebrate the completion of this transformative project. For a glimpse of the
progress, please see the attached image showcasing the newly rehabilitated road.
3. This week, the City of Needles issued an encroachment permit for Segment 1C of the Needles Highway Project, a key step in revitalizing the highway. This $8.5 million project, approved two years ago by the San Bernardino County Transportation Authority's Mountain/Desert Policy Committee, will improve a 2.3- mile stretch from David Drive to just north of Not'cho Road. In addition, the County of San Bernardino plans to enhance Needles Highway along a 16-mile segment, starting at "N" Street in Needles and extending north to the CA/NV state line.
Construction for Segment 1C is expected to begin in the summer/fall of 2025. Refer to the attached map for an overview of all project segments, which received environmental clearance in 2014.
4. In October, the City Council approved Phillips Excavating, Inc.'s proposal for the Well 11 to Well 15 Intertie Project. I am pleased to inform the Council that construction began this week and is expected to be completed by early next year.
This project, funded through the State of California’s Drinking Water State Revolving Fund (DWSRF), includes the installation of a 16-inch transmission main to transport raw water from Well 15 to the new treatment facility at Well 11. Refer to the attached images to take a glimpse at the project.
5. Last June, the City's Animal Shelter launched the Trap, Neuter, and Release (TNR) Program, supported by grants that funded a new vehicle, part-time staff, and essential supplies. This initiative aims to manage roaming cats, reduce disease, and increase adoptions, ultimately eliminating euthanasia at the shelter. To date, over 300 community cats have been spayed or neutered and returned to their areas. The program, scheduled to conclude by year’s end, is seeking additional neighborhoods with roaming cats in need of neutering. Residents can report roaming cats by calling 760-326-4952 or through the Needles Connect app, available on the Apple App or Google Play Store.
6. This past week, City staff met with the Mojave Desert Air Quality Management District (MDAQMD) to restore PurpleAir sensors for enhanced air quality monitoring. PurpleAir, a community-driven system, uses low-cost sensors to measure particulate matter (PM1.0, PM2.5, PM10) by drawing air past a laser to count particles and calculate concentrations. Data is uploaded every 80 seconds and displayed on the PurpleAir map, providing real-time air quality insights. Since 2018, Needles has partnered with MDAQMD to establish two monitoring stations under the Community Air Protection Program (AB 617), supporting public health.
Click here to view current air quality.
7. The City of Needles is hosting a Community Clean Up on Saturday, January 25, 2025, from 8:00 AM to noon. This event offers a free disposal opportunity for trash and bulky items for city residents. Disposal containers will be available at the following locations:
• Gates (Safari Drive)
• North K (Near Underpass and BNSF Road)
• Vista (Nikki Bunch Ball Field)
• Cibola (Robuffa near Public Works Yard)
Please note that this event does not accept hazardous waste and specific materials; refer to the attached flyer for a detailed list of prohibited items. The event may end earlier if container capacity is reached. For more information, residents can contact Rainie Torrance at [email protected] or 760-326- 2115 ext. 140. We encourage the Council to share this information with the community and support our efforts to maintain a clean and safe city.
8. St. Ann’s Catholic Church and Set Free Church are hosting a free Thanksgiving Meal at St. Ann's Hall on Tuesday, November 28, from 11:00 AM to 1:00 PM for onsite dining, with to-go boxes available after 1:00 PM (subject to availability). This event embodies the spirit of giving and community support, providing residents with an opportunity to come together and celebrate the holiday season. Please share this information to help promote the event and encourage participation.
9. In addition to the Holiday Fun Fair and Lighted Parade on Saturday, December 7, 2024, the Palo Verde Needles Center and community partners are hosting the Festival of Trees at 725 W. Broadway with this year’s theme honoring veterans.
The community is invited to vote for their favorite tree and enjoy festive activities, including free Santa pictures from 12 p.m. to 3 p.m. IEHP will also be giving away gifts from 12 p.m. to 2 p.m., and the event will feature the Needles Women’s Club bake sale, Santa’s Shop which features free photos with Santa, and more holiday fun. For any questions, please contact Talana Wade at 760-326-5033 or [email protected]. Don’t miss this exciting celebration!
10.The City of Needles extends its heartfelt gratitude to the San Bernardino County Sheriff's Department Colorado River Station, in collaboration with the Needles Police, for their ongoing efforts to slow down speeding drivers and enhance public safety. A few years ago, the City Council invested in a law enforcement trailer designed for multi-functional purposes, including speed awareness, message posting, and license plate reading. Through our close partnership with the Sheriff's Department, we proactively address areas of concern brought to our attention by the community. The attached image highlights this equipment being utilized along Highway 95 and in other critical areas, such as the school district and residential streets like Casa Linda. In addition, residents should be aware of updates under AB 1096, clarifying regulations for electric bicycles (refer to the attached California EBike Law). E-bike riders are encouraged to follow posted speed limits, ensure proper use of bike lanes, and always prioritize pedestrian safety. Thank you to the Sheriff's Department and Needles Police for their dedication to making our streets safer for everyone and the community for staying informed and engaged in promoting safety.
11.The city thanks Inland Empire Health Plan (IEHP) and Tri-State Community Healthcare Clinic for generously providing turkeys to 75 Needles residents just in time for Thanksgiving. Thank you for supporting our community this holiday season! SAVE THE DATE: Tri-State Community Healthcare Clinic is hosting a Holiday Health Fair on December 21, 2024, from 9 a.m. to 12 p.m. at 820 W. Broadway Street. Stay tuned for more details!
12.This holiday season, the San Bernardino County Sheriff's Department is proud to bring you two excellent opportunities to spread holiday cheer and give back to our community through the Senior Angel Tree and Children's Angel Tree programs. • Senior Angel Tree: Located at City Hall (817 3rd Street), this program invites community members to pick a name off the tree and provide a special gift to a senior in need. Gifts will be hand-delivered by the Sheriff's Department. Please attach your wrapped gift with the Angel Tag to the drop-off location by December 16, 2024. Contact Misti Hunt at (760) 326-9207 or [email protected] for assistance.
• Children's Angel Tree: In partnership with the Colorado River Sheriff's and Needles Police, this program supports local children in need. Visit the lobby at 1401 Bailey Ave. to select a tag and fulfill a child's wish. Wrapped gifts with the Angel Tag attached must be returned by December 13, 2024. Gifts will be hand delivered the week of December 16–20. Please contact Michelle Advocate at (760) 326-9215 for questions.
These programs offer a heartwarming way to bring joy to seniors and children in our community. Join us in making this holiday season unforgettable for those in need.
Thank you for your kindness and generosity! Refer to the attached flyers for additional information.
13. City Hall will be closed on Thursday, November 28, and Friday, November 29, 2024, in observance of Thanksgiving, with regular operations resuming on Monday, December 2, 2024, at 8:30 AM. For emergencies during the closure, residents can contact City Staff at 760-326-5700, and our after-hours answering service will promptly direct calls to the appropriate staff member. Refer to the attached flyer which has been posted on the front door of City Hall for public awareness.
14. IMPORTANT UPCOMING DATES:
• December 3 – Duke Watkins Ribbon Cutting: Join us at Duke Watkins Park (1500 Flip Mendez Pkwy) as we celebrate the completion of the Duke Watkins Park Improvement Project at 10am!
• Reminder: Local Hazard Mitigation Plan Survey Due Click here to fill out a survey and here for more information. Help us build safer and more resilient Needles!
1. PACIFIC CLINICS OPEN HOUSE
@PacificClinics
Clubhouse
Program
Promoting wellness, resiliency
and recovery in a safe
environment with a friendly
atmosphere
Must be over 18 years of age and provide
verification or a reasonable indicator of past or
present lived experience with a mental health
condition. Members must be able to care for
themselves and benefit from the program.
There is no cost to be a member and no insurance is
required.
Learn self-care and positive
coping skills
Wi-Fi/computers access
Assistance finding local
resources
Achieve wellness and reach
recovery goals
Support groups
Access to engaging peer-led and
support groups
Group activities
Crafts, games and celebrations
1060 E. Broadway Street
Needles, CA 92363
626.753.8725
[email protected]
Contact Info
Become a member
Member Benefits
We help our members to develop skills that promote
overall health and well-being. Through education,
peer support and personalized guidance, we
empower members to take control of their health
and achieve meaningful recovery. Our goal is to
support members in living full, satisfying lives as they progress on their recovery journey. We build a path
to improve mental health and wellness.
2. FLIP MENDEZ PARKWAY
2. FLIP MENDEZ PARKWAY
BLOCK 4200 BLOCK 4300
1511
1503
1507
1408
14111407 1415
1422
1419
4300
1515
4260
4250
4240
1403
4230
T 09 N R 22 E
T 10 N R 22 E
GAS PLANT
4566
4578 1742 1760
4558
1773
1770
4534
4600
4500
MY PLACE RD 4718
4710
4702
4734
4698
4690
4390
4774
4734
4746
4752
4758
4764
4778
4782
4794
RESIDENCE
408 NEEDLES HWY COHENNO
NOT IN CITY LIMITS
Pacific Lighting Gas Supply Co
4418
4410
ROCKER BLUFF RD
ROCKER BLUFF RD 4450
1692
1687
4477
4473 4473
4410
4430
4440
4460
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4466
4510
4454
4469 4458
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4453 4442
1680
4518
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4481
4485 OASIS
STORAGE
4470
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1788
1880 1886 1890
1880
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1890
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4618
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11 2
35 36
River WEST- CITY LIMITS LINE
Colorado
1 T 09 N R 22 E T 09 N R 22 E T 09 N R 22 E T 10 N R 22 E T 10 N R 22 E N. MY PLACE RD
TAMARACK LN
DAVID DR
BUDWEISER RD NEEDLES HWY
NEEDLES HWY
MANOR CT RO'S RD MY PLACE RD S. MY PLACE RD
ROCKER BLUFF
MARGARITA VILLE BOURBON ST
VIA PALMILLA
KETTEL ONE CT
BAUER'S BLUFF RD
Manor Ct
RIVER RUN ROAD
NOT-CHO ROAD
DAVID DR
BUDWEISER RD
NEEDLES, CALIFORNIA
PROJECT LOCATION
NEEDLES HWY - SEGMENT 1C
Needles Hwy - Segment 1C
E:\-- T ELLMORE\My DRAWINGS\2022 MASTER BASE MAP (CLEAN).dwg, 11/22/2024 2:09:34 PM, Drawn by: Tammy Ellmore
3. NEEDLES HIGHWAY SEGMENT 1C
4. INTERTIE PROJECT"
NOT
ACCEPTED
BULKY WASTE
DROP-OFF EVENT
*CITY OF NEEDLES RESIDENTS ONLY*
FREE DISPOSAL OF TRASH & BULKY ITEMS
FOR MORE INFORMATION: Rainie Torrance, [email protected], 760-326-2115 ext 140 • Hazardous Waste of any kind
• Commercial Waste
• Industrial Waste from businesses
• Motor Oil/Used Filters
• Household Cleaners
• Sharp Objects/Needles
• Fluorescent Tubes
• Space Heaters
• Musical Cards
• Radioactive Wastes
• Non-Sharp Medical Waste
• Wastes from foreclosed properties
• Auto & Household Batteries
• Pesticides & Fertilizers
• TV’s & Computer Monitors
• Microwave Ovens
• Stereos or Radios
• Clothes Irons
• Medical Waste
• Tire/Appliances
• Non-Sharp Medical Waste
• Antifreeze
• Medications
• CPU’s & Printers
• Telephone/Cellphones
• VCRs/DVD Player
• Asbestos
• Air Conditioners
Saturday,
January 25th, 2025
- 8 am to noon -
Event will end earlier
if container equipment is full
SEE LIST BELOW FOR WHAT IS NOT ACCEPTED
Locations: Gates (Safari Drive), North K (Near Underpass), Vista (Nikki Bunch Ball Field), & Cibola (Robuffa) Subdivisions
7. COMMUNITY CLEAN UP
10. "SBCSD SPEED AWARENESS
City Hall :,
817 Jrd Street
*DROP OFF LOCATION*
San Bernardino County Sheriff's Department� � 140\ Bailey Ave. � ._. Needles, CA (Located in the hospital parking lot)
12. ANGEL & SENIOR TREE
THIS OFFICE WILL BE CLOSED THURSDAY
NOVEMBER 28TH AND FRIDAY
NOVEMBER 29TH TO CELEBRATE
THANKSGIVING. WE WILL REOPEN ON
MONDAY DECEMBER 2, 2024, AT 8:30 A.M.
13. CITY HALL CLOSED
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: November 29, 2024
1. The Needles City Council is dedicated to fostering community pride through cleanup initiatives and beautification efforts. By enhancing our city’s appeal and creating a family-friendly environment, we ensure Needles remains a safe, healthy, and welcoming place for everyone.
With $7 million in grants secured, the City has made significant improvements to essential recreational areas, including:
• Jack Smith Walking Trail
• Bob Belts Beach Park
• Duke Watkins Park
These projects are vital to our shared vision of a sustainable and vibrant community, paving the way for a brighter future for Needles.
However, vandalism—including graffiti and damage to public property—undermines these efforts, costing the City thousands of dollars annually. Recent incidents, such as damage to facilities at Duke Watkins Park, including restrooms and children’s play areas, have required the Public Works team to divert valuable resources toward repairs instead of future enhancements. Refer to the attached images for examples of vandalism in restrooms and the toll it takes on our shared spaces.
I want to take this opportunity to thank our Public Works team for their hard work and dedication in fixing the damage caused by vandalism. Their efforts help restore our community spaces and ensure they remain usable and enjoyable for everyone.
Why It Matters: Graffiti and vandalism harm the beauty and safety of our community. Beyond the financial burden, these acts impact our sense of pride and
community. Together, we can protect and preserve the amenities that make Needles a great place to live, work, and play.
How You Can Help 1. Report Graffiti and Vandalism If you witness graffiti or vandalism, report it immediately to the San Bernardino County Sheriff’s Office:
Call (909) 387-8313 to notify law enforcement and support efforts to hold offenders accountable. 2. Request Graffiti Removal The City will remove graffiti and restore public spaces promptly. Call the City: Contact us at (760) 326-2115 to report graffiti and request removal. Use the Needles Connect App: Download the Needles Connect app from the Google Play Store for Android or the Apple Store for iOS devices to easily submit removal requests.
A Call to Action: Let’s work together to keep Needles clean, safe, and inviting. By taking pride in our community and standing against vandalism, we can create a brighter and more welcoming environment for residents and visitors alike. Let’s build a Needles we can all be proud of! Thank you for your support and commitment to our city.
2. We extend our heartfelt thanks to Tri-State Community Healthcare, in partnership with IEHP and Redmond Construction, for their unwavering dedication and collaboration in serving our community. This week alone, they hosted two successful fresh produce giveaways, and over the course of this year, they have conducted more than a dozen events that provided vital resources to households across Needles. Their commitment to ensuring access to nutritious food is a testament to their profound care for the health and well-being of every resident in our vibrant city. These efforts went beyond delivering wholesome sustenance—they cultivated a strong sense of community, unity, and support that truly reflects the spirit of Needles. Thank you for your continued investment in the health and vitality of our community. Your contributions make a meaningful difference, and we are deeply grateful for all you do!
3. The City of Needles Recreation Center, in partnership with Arrowhead Credit Union, is thrilled to invite you to this year’s Santa’s Workshop—a cherished holiday tradition that celebrates the season of giving and community spirit. Join us on Saturday, December 14, 2024, from 11:00 AM to 3:00 PM at the Recreation Center at 1705 J Street for a day filled with holiday cheer! This special event is designed for children ages 5-13, who can create their own Christmas gifts, wrap them, and take them home to share with their loved ones. Participation is limited to the first 40 registered children, and there is a $25 registration fee to cover the cost of materials and supplies. This fun and meaningful event will bring joy and create lasting memories for all who attend. For more information or to register, please get in touch with Jennifer Valenzuela, Recreation Manager, at [email protected] or call 760-326-2814. Don’t miss this fantastic opportunity—sign up today! We can’t wait to see you there!
4. Earlier this week, a city vehicle assigned to our City employee was stolen while performing his duties at City Hall. Staff immediately contacted the Sheriff’s Department, and thanks to their swift response and collaboration, the suspect was apprehended and arrested in Mesa, Arizona. The stolen vehicle, which prominently displays the City of Needles logo, helped limit the suspect’s ability to evade detection. The City is moving forward with pressing charges to address this serious offense. We sincerely thank the San Bernardino County Sheriff’s Department for their assistance and professionalism in resolving this matter. In response to the incident, we are implementing new protocols to enhance the safety of our employees and city assets, ensuring incidents like this are prevented in the future.
5. Don't miss the Holiday Fun Fair, Festival of Trees, and Lighted Parade on Saturday, December 7, 2024, hosted by Needles Youth Development, Palo Verde Needles Center, the Education Foundation, and Needles Community Partners. The day begins with the Holiday Fun Fair from 10:00 AM to 4:00 PM, featuring a variety of vendors and activities. At 725 W. Broadway, the Festival of Trees will honor veterans, offering festive activities such as tree voting, free Santa pictures from 12:00 PM to 3:00 PM, a toy giveaway by IEHP from 12:00 PM to 2:00 PM, a bake sale by the Needles Women’s Club, and Santa’s Shop with more holiday fun.
The festivities continue at 4:00 PM with a Tree-Lighting Ceremony at the corner of G Street and Broadway, followed by the Lighted Parade. Don’t forget to check out the 14th Annual Pee Wee Derby—pre-registration is required by contacting Recreation Manager Jennifer Valenzuela at [email protected] or 760- 326-2814. Join us for a day of celebration and holiday cheer!
6. Join us on Tuesday, December 3rd, at 10:00 AM at Duke Watkins Park (1500 Flip Mendez Pkwy) to celebrate the completion of the Duke Watkins Park Improvement Project! This exciting event will showcase the park’s new features, including a bicycle pump track, splash pad, restroom, and small dog park, as well as upgrades to existing amenities such as a resurfaced basketball court, enhanced lighting, beautiful landscaping, new playground equipment, shade structures, and a vibrant expression wall. Be a part of this special day as we unveil these improvements designed to enhance recreation and enjoyment for the entire community! Check out the attached photos for a sneak peek at the new shade structures at the skate park and upgraded trash cans at Duke Watkins Park!
7. IMPORTANT UPCOMING DATES:
• December 7 – 4th Annual Jason Smith Memorial Golf Tournament: Support Needles High School and enjoy a day on the course.
• December 13 – Children's Angel Tree: Select a tag at 1401 Bailey Ave. and fulfill a child’s holiday wish. Return wrapped gifts with the Angel Tag by December 13. Contact Michelle Advocate at (760) 326-9215 for details. • December 16 – Senior Angel Tree: Pick a name from the Angel Tree at City Hall (817 3rd Street) and provide a gift to a senior in need. Contact Misti Hunt at (760) 326-9207 or [email protected] for assistance.
• December 21 – Holiday Health Fair: Visit Tri-State Community Healthcare Clinic from 9:00 AM to 12:00 PM at 820 W. Broadway Street for their Holiday Health Fair.
• December 21 – Fire House Ministries Community Christmas Toy Giveaway: Join Fire House Ministries for a festive event at El Garces, 950 Front Street, Needles, CA.
• Reminder – Local Hazard Mitigation Plan Survey: Click here to fill out the survey and here for more information. Help make Needles safer and more resilient!
• January 25 – Community Clean-Up: Dispose of trash and bulky items for free from 8:00 AM to noon at various city locations: Gates (Safari Drive), North K (near underpass and BNSF Road), Vista (Nikki Bunch Ball Field), and Cibola (Robuffa near Public Works Yard). Note: Hazardous waste and specific materials are not accepted.
1. VANDALISM
1. VANDALISM
6. DUKE WATKINS TRASH CANS
6. SKATE PARK IMPROVEMENTS