Agenda packet — Needles City Council, January 28, 2025 (part 2 of 2)

SCHEDULE A

SERVICE LEVEL AGREEMENT
AND

SUPPORT SERVICES
All capitalized terms that are not defined in this Schedule will have the respective meanings given to such terms in the SaaS Agreement.

1. Definitions. For purposes of this Schedule the following terms have the meanings set forth below. “Error” means any reproducible material error or defect in the SaaS Services that causes it not to conform in material respects to the Documentation.
"Error Corrections” means modifications that correct Errors. “Service Levels” means the defined Error severity levels and corresponding required service level responses and response times referred to in the Service Level Table. “Service Level Table” means the table set out in Section 2.4. “Support Period” means the Service Order Term as set forth in the applicable Service Order.

2. Availability Requirement. Subject to the terms and conditions of the SaaS Agreement and this Schedule, Landis+Gyr will use commercially reasonable efforts to make the SaaS Services Available, as measured over the course of each calendar month during the Support Period and any additional periods during which Landis+Gyr does or is required to perform any SaaS Services(each such calendar month, a “Service Period”), at least 99.5% of the time, excluding only the time the SaaS Services are not Available solely as a result of one or more Exceptions (“Availability Requirement”). “Available” means the SaaS Services are available and operable for normal access and use by Customer and its Authorized Users over the Internet in material conformity with the Documentation.

2.1 Exceptions. No period of SaaS Service degradation or inoperability will be included in calculating Availability Requirement to the extent that such downtime or degradation is due to any of the following (“Exceptions”):
(a) Customer's use of the SaaS Services not in accordance with Permitted Uses; (b) failures of Customer's or its Authorized Users' Internet connectivity; (c) internet or other network traffic problems other than problems arising in or from networks actually or required to be provided or controlled by Landis+Gyr or its Subcontractor; (d) Customer's or any of its Authorized Users' failure to meet any minimum hardware or software requirements set forth in the Documentation;
(e) Force Majeure Event;
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(f) Failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by Landis+Gyr pursuant to the SaaS Agreement or this Schedule.
(g) Scheduled Downtime;
(h) Suspension or termination of the SaaS Services pursuant to Section 3.4 of the SaaS Agreement; or
(i) Time down required to install an emergency patch for a security vulnerability or similar emergency.

3. Support and Maintenance Services. Landis+Gyr will provide Landis+Gyr’s standard maintenance and support services for the SaaS Services (collectively, “Support Services”) during the support hours throughout the Support Period in accordance with the terms and conditions of this Schedule and the SaaS Agreement. The Support Services are included in the Services, and Landis+Gyr will not assess any additional fees, costs or charges for such Support Services.

3.1 Support Service Responsibilities. Landis+Gyr will:
(a) respond to Support Requests in accordance with the Service Levels; (b) provide responsive telephone or email support as set forth in Section 3.6. (c) Provide online access to technical support bulletins and other user support information and forums, to the full extent Landis+Gyr makes such resources available to its other customers.

3.2 Service Monitoring and Management. Landis+Gyr will continuously monitor and manage the SaaS Services to optimize Availability (defined herein) that meets or exceeds the Availability Requirement. Such monitoring and management will include:
(a) proactively monitoring on a twenty-four (24) hour by seven (7) day basis all SaaS Service, infrastructure and other components of SaaS Service security; (b) if such monitoring identifies, or Landis+Gyr otherwise becomes aware of, any circumstance that is reasonably likely to threaten the Availability of the SaaS Service, taking all necessary and reasonable remedial measures to eliminate such threat and ensure Availability; (c) if Landis+Gyr receives knowledge that the SaaS Service or any SaaS Service function or component is not Available (including by notice from Customer pursuant to the procedures set forth herein or in the applicable Service Order):
i. Landis+Gyr will confirm the outage by a direct check of the associated facility or facilities;
ii. if Landis+Gyr's facility check in accordance with clause (i) above confirms a SaaS Service outage in whole or in part: (A) notifying Customer pursuant to the procedures set forth herein or in the applicable Service Order that an outage has occurred, providing such details as may be available, including a Landis+Gyr trouble ticket number, if appropriate, and time of outage; and (B) working all problems causing and Agenda Item 2.

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caused by the outage until they are resolved as Critical Service Errors in accordance with the Support Request Classification set forth in the Service Level Table. iii. Landis+Gyr will continuously maintain the SaaS Services to optimize Availability that meets or exceeds the Availability Requirement. Such maintenance services will include providing to Customer and its Authorized Users:
a. such updates, bug fixes, enhancements, new releases, new versions and other improvements to the SaaS Service, that Landis+Gyr provides at no additional charge to Landis+Gyr’s other similarly situated customers. Specific upgrades are set forth in the applicable Service Order; and
b. all such services and repairs as are required to maintain the SaaS Services or are ancillary, necessary or otherwise related to Customer's or its Authorized Users' access to or use of the SaaS Service, so that the SaaS Services operate properly in accordance with this Agreement and the Documentation.

3.3 Scheduled Downtime. Landis+Gyr will use commercially reasonable efforts to: (a) schedule downtime for routine maintenance of the Services outside of the hours of 7:00 AM – 7:00 PM Central Standard Time, Monday – Friday and (b) notify Customer at least 48 hours (via email) prior notice of all scheduled outages of the Services (“Scheduled Downtime”).

3.4 Service Levels.

Response times will be measured from the time Landis+Gyr receives a Support Request until the respective times Landis+Gyr has responded to that Support Request. Landis+Gyr will respond to all Support Requests within the following times based on Landis+Gyr’s designation of the severity of the associated Error, in accordance with the Table below, subject to the parties’ written agreement to revise such designation after Landis+Gyr’s investigation of the reported Error and consultation with Customer:

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Description of Incident Supported Initial Response Subsequent Response
Target Restoration Escalation
Severity 1 (Critical)
 Production system is completely
down or unavailable.
 Business critical applications or
service severely impacted for which
there is no reasonable work-around
 an error with no reasonable workaround that results in a complete disruption of daily work
 during a project or upgrade, a nonproduction environment issue that severely impacts system use and
jeopardizes the ability to meet
project schedule.

Severity Level 1 issues must be
reported by phone.

Non-stop
24/7/365
Within 60 minutes every 2 hours 24 hours Supervisor: Immediately Manager: 30 minutes
Director: 1 hour
VP: at Director’s discretion
Customer may escalate at any
time it feels unacceptable
progress is being made.

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Description of Incident Supported Initial Response Subsequent Response
Target Restoration Escalation
Severity 2 (High)
 production system is
functioning/available but
significantly impacted with limited
capabilities, or is unstable with
major periodic interruptions
 significant degradation in
performance
 major system feature/function failure
for which there is no reasonable
work-around
 during a project or upgrade, a nonproduction environment issue that meets the above definitions where
resolution is needed to meet business
objectives and the ability to meet
project schedule.

As needed
24/7/365
Within 4 hours 1 calendar day 7 calendar days Supervisor: 1 hour Manager: 2 hours
Director: at Manager’s discretion
VP: at Director’s discretion
Customer may escalate at any
time it feels unacceptable
progress is being made.

Severity 3 (Medium)
 production system is still
functioning but capabilities are
moderately impacted, or the system
is unstable with minor periodic
interruptions or a minor loss of
product functionality
 there is a low to medium impact to
business functions but it is
manageable using a reasonable
work-around.

During
business
hours
1 Business Day 3 Business Days 15 Business days If unable to be resolved, Severity 3 issues will be escalated to
appropriate levels of leadership
at the utilities request
Customer may escalate at any
time it feels unacceptable
progress is being made.

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Description of Incident Supported Initial Response Subsequent Response
Target Restoration Escalation
Severity 4 (Low)
 general usage question, request for
information, reporting of a
documentation error, or
recommendation for a future product
enhancement or modification. There
is low-to-no impact on the business
or the performance or functionality
of the system.

During
business
hours
3 Business Days 5 Business Days As decided jointly
between the business
and utility
If unable to be resolved, Severity
4 issues will be escalated to
appropriate levels of leadership
at the utilities request.

Customer may escalate at any
time it feels unacceptable
progress is being made.

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In order for Landis+Gyr to meet Target Response Times outlined above, Landis+Gyr customers should make contact via telephone to report Severity 1 (Critical) or Severity 2 (High issues). Any resolution of such Cases may take the form of a written response, supplementary documentation, work-around, coding change, product patch, or other correctional aids, which Landis+Gyr will provide to Customer. Landis+Gyr will respond to and investigate any suspected Incident in the Cloud Software within the time provided above. Resolution of such Incidents may take the form of a written response, supplementary documentation, work-around, coding change, product patch, or other correctional aids, which Landis+Gyr will provide to Customer.

Should business requirements call for a more customized level of support, Landis+Gyr also offers Premium Support packages, which include dedicated technical support, client management and executive dashboard views to open technical views and more. Premium Support includes discounted rates for additional Smart Grid service offerings as well. Pricing for Premium Support is based on an agreed scope of work based on the options selected and can be quoted upon request.

3.5 Support Requests and Customer Obligations.
(a) Support Requests. Customer may request Support Services by way of a Support Request.

Customer will classify its requests for Error corrections in accordance with the severity levels classifications and definitions of the Service Level Table set forth in Section 3.4 (“Support Request”). Customer will notify Landis+Gyr of each Support Request by email, telephone or such other means as the parties may agree to in writing. Customer will include in each Support Request a description of the reported Error and the time Customer first observed the Error. Customer agrees that Landis+Gyr may transfer Customer Data to any of Landis+Gyr’s Affiliates subsidiaries or group entities for customer support purposes even when such entities may be located outside the United States or Canada. (b) Customer Obligations. Customer will, by and through its employee or consultants provide Landis+Gyr with:
i. prompt notice of any Errors; and
ii. each of the following to the extent reasonably necessary to assist Landis+Gyr to reproduce operating conditions similar to those present when Customer detected the relevant Error and to respond to the relevant Support Request:
a. direct access to the Customer Systems and the Customer’s files and personnel; b. output and other data documents and information, each of which is deemed Customer’s Confidential Information as defined in the SaaS Agreement; and c. such other reasonable cooperation and assistance as Landis+Gyr may request.

3.6 Service Desk Contact Information. Landis+Gyr will provide Customer with access to the Service Desk. Landis+Gyr’s current Service Desk business hours are 7:00 AM to 6:00 PM Central Time, Monday through Friday, excluding Landis+Gyr observed holidays (available upon request) and weekends (“Business Hours”). In addition, emergency access to on-call personnel via Landis+Gyr’s Emergency Dispatch Service will be provided by Landis+Gyr from 6:01 PM through 6:59 AM, and 24 hours per day on weekends and holidays. Landis+Gyr will provide advanced Agenda Item 2.

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troubleshooting, via telephone or e-mail, as deemed necessary by qualified Landis+Gyr Personnel, to resolve Customer issues.

3.7 Submission Method. Customer can contact the Service Desk through:
i. Telephone direct dial-in at 888.390.5733;
ii. Customer support portal, or
iii. E-mail at [email protected]
All contact information is subject to change and update by delivery of notice and by posting on the Landis+Gyr Website at www.landisgyr.com.

4. Backup and Recovery. Landis+Gyr conducts regular daily backups of Customer Data and performs or cause to be performed other periodic backups (snapshots, differential backups, etc.). Landis+Gyr utilizes a multi-layered backup strategy, backing up data to an active system which can be used for rollbacks and immediate data recovery. Active backups will be retained for up to one (1) week old and then will be overwritten as they are replaced with newer backups. Data is further backed up to an archival system for long term offline storage. Both active and archival backup systems are replicated to the secondary, offsite data center for Business Continuity and Disaster Recovery purposes. Active backups follow the normal retention period of lasting for one (1) week while archive backups are retained for no less than one (1) year.

These do not replace the need for Customer to maintain regular backups of data and file extracts performed by the Customer. Customer access to backup data outside of a Disaster Recovery event may be subject to additional fees.

5. Business Continuity and Disaster Recovery Protection. Landis+Gyr will maintain an ongoing Business Continuity (“BC”) program (that includes Risk Assessment) and Disaster Recovery (“DR”) program for the SaaS Services and implement such plan in the event of unplanned interruption of the SaaS Service.

6. Communications. In addition to the mechanisms for giving notice specified in the SaaS Agreement, unless expressly specified otherwise in this Schedule or the SaaS Agreement, the parties may use e-mail for communications on any matter referred to herein.

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SCHEDULE B

RESTATED
SERVICE ORDER NO. 1 AND PRICING
This Restated Service Order No. 1 (this “Service Order”) is part of and incorporated into the Amended and Restated SaaS Agreement. All capitalized terms that are not defined in this Schedule will have the respective meanings given to them in the SaaS Agreement. In the event of any conflict between the body of the SaaS Agreement and this Service Order B, the terms of this Service Order will govern.

SCOPE OF SERVICE. Landis+Gyr will provide Customer with access to Services on the terms and conditions set forth in the SaaS Agreement. Landis+Gyr will provide Services that will enable Customer to access the Cloud Software.

1. Service(s) Description
The Cloud Software provided to Customer consists of the following items:

Command Center Production Environment (or its successor) Advanced Security
Command Center Disaster Recovery Environment (or its successor) Command Center Test/Dev Environment (or its successor)

2. Service Term
The initial term for this Service Order begins on the Effective Date and ends sixty (60) months thereafter (the “Initial Service Order Term”).

Upon expiration of the Initial Service Order Term, this Schedule B will automatically renew for successive three (3) year periods (each a “Renewal Term” and together with the Initial Service Order Term, the “Service Order Term”), unless a party provides the other party with written notice of its intent not to renew this Service Order at least ninety (90) days prior to the expiration of the then current term.

3. Service Fee

3.1 The SaaS Services Fees, payable by Customer to Landis+Gyr, for the duration provided are shown in the table(s) below (the “Initial Service Fees”):

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Command Center Pricing Table RF MESH
Command
Center Pricing
up to 5,000
Endpoints
Monthly Fee
Year 1 Year 2 Year 3 Year 4 Year 5
0-5,000 $1,195.00 $1,425.00 $1,655.00 $1,655.00 $1,655.00 For endpoints over 5,000monthly SaaS Services Fees will be invoiced as shown below:

Tier Price / Month
5,000-10,000 $2,205.00
10,000 – 25,000 $$3,705.00
25,000 – 50,000 $5,955.00
Should Customer’s Endpoint population exceed 100,000 Endpoints, the parties will define an applicable SaaS Services Fee.

3.2 A one-time Advanced Security set up fee of four thousand dollars ($4,000.00) applies.

4. Price Increases
Following year 3 of the Initial Service Fee duration, Landis+Gyr is entitled to increase its Fees annually, with the policy to follow the amount of increase in the Consumer Price Index – All Urban Consumers of the Bureau of Labor Statistics of the U.S. Department of Labor for U.S. for All Items with Base Years 1982-1984=100. Those increases will be measured applying the twelve (12) month period ending in the month for which the most recent index results are available as of that anniversary of the Effective Date. In addition to this, Landis+Gyr is entitled to increase Fees once a year with an additional percentage on top of it with a maximum of 5%. Not raising fees is not a waiver of Landis+Gyr’s right to do so.

If Customer does not agree with this additional percentage, Customer has the possibility to object in writing within 30 days of receiving notice of this additional increase in Fees. Should Customer object timely, the Parties will discuss solutions.

5. Summary of Services Included in Service Order
Services are detailed in the SaaS Agreement. Services specific to this Service Order are detailed below:

5.1 Project Coordination. To the extent applicable, Landis+Gyr will provide a project coordinator to provide direction to Customer relating to Services such as during an Upgrade deployment.

Customer to provide primary point of contact to work with the project coordinator.

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5.2 Installation and Configuration. Installing the Cloud Software in the cloud setup with standard configurations. Custom configurations are available for an additional fee as detailed in an applicable SOW.

5.3 Upgrades; End of Support. Landis+Gyr and Customer will mutually agree on an Upgrade schedule for Cloud Software. Services include at least one (1) Cloud Software Upgrade per calendar year.

Customer agrees to remain on a Supported Release of Cloud Software. Cloud Software DOES NOT INCLUDE any application or tools software running on local Customer computers or other Customer equipment. Customer acknowledges that new features may be added to the SaaS Services based on market demand and technological innovation. Accordingly, as Landis+Gyr develops enhanced versions of the SaaS Service, Landis+Gyr may cease to maintain and support older versions of the Cloud Software (“EOS). Landis+Gyr will use commercially reasonable efforts to provide Support Services with respect to older version of the Cloud Software that may accompany the SaaS Service. Landis+Gyr shall have no obligation to support Cloud Software outside of Landis+Gyr’s stated EOS policy for the applicable Cloud Software. Such EOS policies shall be made available to Customer either in the accompanying Documentation or upon request and are subject to update from time to time in Landis+Gyr’s reasonable discretion with no less than a twelve (12) month EOS notification period.

5.4 Integration(s). Landis+Gyr will provide integrations to third party systems for an additional fee as detailed in the applicable SOW.

5.5 Data Availability. Landis+Gyr will make available on a live basis at least 45 days of Customer Data. Data older than 45 days will be archived and available to Customer upon request (additional fees may apply). Archive data will be retained for a minimum of one (1) year unless otherwise mutually agreed upon.

5.6 Process Pass Through Fees. Landis+Gyr will process and invoice Customer for any mutually agreed upon pass through fees as applicable such as communication fees.

6. Customer Responsibilities:

6.1 Conduct Network Gateway Field Maintenance. Customer will perform field maintenance work on the Meters/modules and Network Gateways. This includes, but is not limited to, updating the Network Gateway, and Field Tools software to the latest version.

6.2 Interface Billing data to Customer Billing System. Customer is responsible for executing the Billing Extract file utilizing the functionality built into the Cloud Software and loading it into Customer’s billing system. Customer is also responsible for any exception processing that is associated with endpoints that do not have billing data available for a particular billing cycle window.

6.3 Provide Network Gateway Communication. Customer is responsible for purchasing and physically maintaining all Network Gateway communications infrastructure as applicable.

6.4 Administer Login and Passwords. Customer is responsible for assigning security officer(s), administering all Software logins and passwords, to provide Customer-selected configurations and to maintain access rights for the Customer’s employees.

6.5 Support Utility Consumer. Customer is responsible for handling all support for Customer’s own end-use consumers. Landis+Gyr will not provide any support regarding billing inquiries or any other matter for end-use consumers.

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6.6 Install and Upgrade Endpoint Programmer Software. Customer is responsible to load and maintain Endpoint Programmer Software on desired hardware at Customer’s location including Tech Studio and other field tools.

6.7 Loading Files. Customer is responsible for loading MMF (Meter Manufacture Files), IIF (Interchange File Format) and CIF (Customer Information Files) files to Cloud Software.

6.8 Application Administration. Customer is responsible to provide Customer-selected configurations and maintain access rights.

6.9 Application Operations. Customer is responsible to provide daily business operations of the Cloud Software monitoring jobs; reporting; coordination of issues, etc.

6.10 IT coordination. Customer is responsible to coordinate management of interfaces to connected Customer Systems.

6.11 Upgrades. Customer is responsible to validate upgrades to Cloud Software.

6.12 No Collection or Storage of PII. The Services under this Service Order does not collect nor store Personal Data (also referred to as PII). Customer agrees that it will not send or provide Landis+Gyr access to any PII, whether in data or any other form. Customer agrees to be fully responsible for reasonable costs and other amounts that Landis+Gyr may incur relating to any such information mistakenly provided to Landis+Gyr or the loss or disclosure of such information by Landis+Gyr, including those arising out of any third-party claims. Should Customer mistakenly provide PII to Landis+Gyr, Customer will immediately notify Landis+Gyr in writing in accordance with the notice provisions herein, and reasonably cooperate with Landis+Gyr to take any mitigating actions deemed necessary to remove such PII from the Landis+Gyr Systems. Should Customer wish to utilize PII, it will enter into a separate Service Order for Landis+Gyr’s Meter Data Management System Cloud Software.

Agenda Item 2.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Power Purchase Cost Adjustment (PCA) for months of July through November 2024 and decrease the over-hydro rate from $0.1538 to $0.1338 with a reduction of .02 power cost adjustment as effective February 1, 2025.

Background: In April 2022 the Board adopted a revised Statement of Policies set the PCA Fund Balance to be twenty percent (20%) of the yearly over-hydro budgeted power costs for the fiscal year (annual budget or revised budget as applicable).

For the fiscal year (FY 25) over-hydro budget is $5,280,000. Twenty percent (20%) of the over-hydro budget for FY 25 is $1,056,000 which is the current PCA fund balance.

Due to historic low power purchasing costs, the PCA has a fund balance of $1,830,284 as of November 2024. With term purchasing concluded through March 2025, the surplus allows for a rate reduction to benefit ratepayers while maintaining fund stability.

The Board of Public Utilities approved the recommended action on January 21, 2025.

Fiscal Impact: Forecasted rate reduction impact to the ratepayers.

Environmental Impact: None.

Recommended Action: Power Purchase Cost Adjustment (PCA) for months of July through November 2024 and decrease the over-hydro rate from $0.1538 to $0.1338 with a reduction of $0.02 power cost adjustment as effective February 1, 2025.

Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
Agenda Item 3.

Agenda Item 3.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Authorize the City Manager to execute Amendment No. 3 to Contract No. 06-XX-30-W0452 between the City of Needles and Metropolitan Water District of Southern California for Delivery of Lower Colorado Water Supply Project Water Background: The United States Department of Interior, acting through the Bureau of Reclamation (Reclamation), operates the Lower Colorado River Water Supply Project (LCRWSP ). The Project consists of a well field near the All-American Canal that provides water to, among others, The Metropolitan Water District of Southern California (MWD) in exchange for certain amounts of Colorado River water used by the City of Needles (City) and others. The City administers the Project. MWD currently makes payments to the City that the City deposits into a trust fund to provide future funding for the replacement of the Project, if necessary, as provided for by contract between the City, MWD, and Reclamation (Contract).

The United States Geological Survey (USGS) is currently conducting a water quality study to determine the need for desalting Project water by 2070 or other potential feasible alternatives to desalting, the costs of which would be covered by trust fund deposits as provided for in the Contract. The trust fund currently has approximately $10 million. Based on preliminary USGS study results, it appears unlikely that desalting or feasible alternatives will be required and therefore further trust fund payments appear unnecessary at this time.

However, the USGS study is not yet final and is not expected to be final until December 31, 2026, which is after the now-expired deadline of December 31, 2024 set by prior Contract amendment. Accordingly, the City, MWD, and Reclamation have negotiated an amendment to the Contract (Amendment) to (1) extend the time for USGS to complete the study beyond the current December 31, 2024 deadline, and (2) temporarily pause trust fund payments from MWD to the City until six months after the USGS study is complete. Payments will automatically resume following expiration of the Amendment unless earlier terminated by the parties. The Amendment is now ready for execution and will be effective once all parties have signed.

The Board of Public Utilities approved the recommended action on January 21, 2025.

Fiscal Impact: There is no immediate fiscal impact to the NPUA, as the trust fund has a current balance of $10 million to fund the LCRWSP. The pause in payments will not affect ongoing operations or obligations. Future payments will resume as stipulated in the amendment.

Environmental Impact: N/A
Recommended Action: Authorize the City Manager to execute Amendment No. 3 to Contract No. 06-XX-30-W0452 between the City of Needles and Metropolitan Water District of Southern California for Delivery of Lower Colorado Water Supply Project Water Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
1/23/2025
Agenda Item 4.

Contract No. 06-XX-30-W0452
Amendment No. 3

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

LOWER COLORADO WATER SUPPLY PROJECT

CONTRACT AMONG

THE UNITED STATES, THE CITY OF NEEDLES, AND THE METROPOLITAN

WATER DISTRICT OF SOUTHERN CALIFORNIA

FOR DELIVERY OF LOWER COLORADO WATER SUPPLY PROJECT WATER

TABLE OF CONTENTS
Section Title Page

1. Preamble ........................................................................................................................1

2. Explanatory Recitals......................................................................................................2

3. Amendment No. 3 of Contract No. 06-XX-30-W0452 .................................................5

4. Time-Limitation of this Amendment No. 3 ...................................................................6

5. Implementation of this Amendment No. 3.....................................................................6

6. Counterparts...................................................................................................................6

7. Other Provisions Unaffected..........................................................................................6 Signature Page ...............................................................................................................7 Agenda Item 4.

Draft Sept. 23, 2024
1 Contract No. 06-XX-30-W0452
Amendment No. 3

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

LOWER COLORADO WATER SUPPLY PROJECT

CONTRACT AMONG

THE UNITED STATES, THE CITY OF NEEDLES, AND

THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

FOR DELIVERY OF LOWER COLORADO WATER SUPPLY PROJECT WATER

1. PREAMBLE: THIS AMENDMENT, made this ____ day of __________, 2024 (Effective Date), hereinafter called “Amendment No. 3,” pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto, and particularly pursuant to the Lower Colorado Water Supply Act, approved November 14, 1986 (100 Stat. 3665), as amended on November 19, 2005, and the Boulder Canyon Project Act approved December 21, 1928 (45 Stat. 1057), all of which are commonly known and referred to as the Federal Reclamation laws, among the United States of America (hereinafter referred to as “United States”) through the Bureau of Reclamation (hereinafter referred to as “Reclamation”); the City of Needles, California, a charter city duly organized and existing under and by virtue of the laws of the State of California (hereinafter referred to as “Needles”); and The Metropolitan Water District of Southern California, a metropolitan water district duly organized and existing under and by virtue of the laws of the State of California (hereinafter referred to as “MWD”).

The United States, Needles, and MWD are sometimes referenced as the “Parties” collectively or as a “Party” individually.

Agenda Item 4.

Draft Sept. 23, 2024
2 2. EXPLANATORY RECITALS:

2.1 WHEREAS, the Lower Colorado Water Supply Act authorized the Secretary of the Interior, through Reclamation, to construct, operate, and maintain the Lower Colorado Water Supply Project, comprised of a well field and appurtenant works (hereinafter referred to as the “Project”);

2.2 WHEREAS, Contract No. 06-XX-30-W0452, dated March 26, 2007, hereinafter called “the Contract,” between Needles, MWD, and the United States, provided, among other things, for Needles to enter into a contract with an expert, after such expert has been approved by the Parties, to complete a study not later than December 31, 2012, using the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies of the U.S. Water Resources Council to:
a. forecast the future total dissolved solids concentration of Project Water and determine if desalting is necessary to not exceed the total dissolved solids concentration shown in Exhibit B of the Contract prior to December 31, 2070, b. evaluate the cost of desalting Project Water on a present value basis using the discount rate for Federal water resources planning published annually in the Federal Register, if desalting is necessary to not exceed the total dissolved solids concentration as shown in Exhibit B of the Contract prior to December 31, 2070,
c. determine the potential feasible alternatives to Project Water that would be less expensive than desalting Project Water, if desalting is necessary to not exceed the total dissolved solids concentration as shown in Exhibit B of the Contract prior to December 31, 2070, Agenda Item 4.

Draft Sept. 23, 2024
3 d. estimate the cost of implementing and using the water supply from potential feasible alternatives on a present value basis using the discount rate for Federal water resources planning published annually in the Federal Register, and e. determine the Trust Fund Account deposit per acre-foot necessary each year over the estimated remaining term of the Contract for the least expensive feasible solution to the total dissolved solids concentration projection exceeding the concentration as shown in Exhibit B of the Contract based on the projected Unused Project Capacity;

2.3 WHEREAS, Needles has entered into a U.S. Geological Survey Joint Funding Agreement to provide monies to complete “Phase 1 – Establishment of Monitoring Network and Initial Characterization of Ground-Water System” of the “Hydrologic Investigation to Forecast the Future of Total Dissolved Solids Concentration of Water Pumped by the Lower Colorado Water Supply Project,” which is the first phase of the three-phase investigation of the Lower Colorado Water Supply Project (hereinafter referred to as “USGS study”);

2.4 WHEREAS, the complete three-phase investigation will result in a forecast of the future total dissolved solids concentration (salinity) of water pumped from Project wells near the All-American Canal in southeastern California;

2.5 WHEREAS, pursuant to the Contract, as amended, Needles deposits money received from MWD into a Trust Fund Account (currently containing approximately $10 million), which, among other things, was established to provide for the long-term economic viability of the Project or its replacement;

2.6 WHEREAS, the Contract originally called for the completion of the USGS study in 2012;
Agenda Item 4.

Draft Sept. 23, 2024
4 2.7 WHEREAS, the Parties determined that it was infeasible to complete the USGS study not later than December 31, 2012, and by Amendment No. 1 to the Contract, dated May 3, 2010, agreed to extend the time for completion to not later than December 31, 2019;

2.8 WHEREAS, the Parties determined that it was infeasible to complete the USGS study not later than December 31, 2019, and by Amendment No. 2 to the Contract, dated January 27, 2020, agreed to extend the time for completion to not later than December 31, 2024, if reasonably feasible;

2.9 WHEREAS, the Parties determined that it is infeasible to complete the USGS study not later than December 31, 2024, and based on USGS progress reports on the USGS study, the Parties anticipate the USGS study will be complete by December 31, 2026;

2.10 WHEREAS, the preliminary results of the USGS study indicate that the future concentration of the total dissolved solids will not result in the need for desalting prior to December 31, 2070;

2.11 WHEREAS, The Parties have reasonably determined that further deposits into the Trust Fund Account, pursuant to Subsection 6.1 of the Contract, in excess of the approximately $10 million currently deposited in the Trust Fund Account, will not be needed to meet the Trust Fund Obligations pursuant to Subsections 17.1 through 17.4 of the Contract, as amended, at this time;

2.12 WHEREAS, the Parties desire to further amend the Contract, as amended, to temporarily pause certain payment obligations set forth in Section 6.1 of the Contract, specifically, the payments from MWD to Needles for the deposit into the Trust Fund Account, and to address the delay in the completion of the USGS study; and Agenda Item 4.

Draft Sept. 23, 2024
5 NOW, THEREFORE, in consideration of the mutual and dependent covenants contained herein, the United States, Needles, and MWD agree as follows:

3. AMENDMENT NO. 3 OF CONTRACT NO. 06-XX-30-W0452:

3.1 Pause in Payment Terms: The Parties agree that Subsection 6.1 of the Contract, which obligates, among other things, MWD to pay Needles one-hundred and twelve dollars ($112) per acre-foot for Needles to deposit into the Trust Fund Account for each acre-foot of Mainstream Water delivered to MWD resulting from Unused Project Capacity, as adjusted in subsequent years in Section 16 of the Contract (for example, in 2024, MWD pays Needles onehundred and fifty six dollars and eighty three cents ($156.83) per acre-foot), shall be temporarily paused from the Effective Date until six months after the completion of the USGS study (the “Pause Period”).

3.1.1 During the Pause Period, Subsections 16.6, 16.7, 16.8, 16.9, 16.10, as previously amended by Amendment No. 2 of the Contract, will temporarily be of no force and effect as such subsections pertain to Trust Fund Account payments by MWD.

Agenda Item 4.

Draft Sept. 23, 2024
6 4. TIME-LIMITATION OF THIS AMENDMENT NO. 3:

4.1 This Amendment No. 3 to the Contract is time-limited and will expire six months after completion of the USGS study, or by mutual written agreement by the Parties thirty days in advance of the desired termination date of this Amendment No. 3 to the Contract, whichever is first; at that time, the Contract, as amended by Amendment No. 2, will return to full force and effect and payments will resume.

5. IMPLEMENTATION OF THIS AMENDMENT NO. 3:

5.1 Needles will not issue a bill for collection to MWD for any further deposits into the Trust Fund Account after the Effective Date of this Amendment No. 3 to the Contract and until this Amendment No. 3 is terminated consistent with Subsection 4.1.

5.1 The Parties mutually agree to extend the timeline for completion of the USGS study beyond December 31, 2024.

6. COUNTERPARTS:

6.1 This Amendment No. 3 to the Contract may be simultaneously executed in one or more counterparts, each of which shall constitute one and the same instrument.

7. OTHER PROVISIONS UNAFFECTED:

7.1 Except as expressly modified by this Amendment No. 3 to the Contract, all other terms and provisions of the Contract, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 to Contract No. 06-XX-30-W0452 hereto the day of and year first above written.

Signatures on next page.

Agenda Item 4.

Draft Sept. 23, 2024
7 Contract No. 06-XX-30-W0452
Amendment No. 3

THE UNITED STATES OF AMERICA
By:_________________________________
Jacklynn L. Gould, P.E.

Regional Director
Interior Region 8: Lower Colorado Basin
Bureau of Reclamation
Signatures continued on next page.

Agenda Item 4.

Draft Sept. 23, 2024
8 Contract No. 06-XX-30-W0452
Amendment No. 3

CITY OF NEEDLES
By:_________________________________
Mayor
Signatures continued on next page.

Agenda Item 4.

Draft Sept. 23, 2024
9 Contract No. 06-XX-30-W0452
Amendment No. 3

THE METROPOLITAN WATER

DISTRICT OF SOUTHERN

CALIFORNIA
By:_________________________________
Deven Upadhyay
Interim General Manager
Approved as to form:

By:_________________________________
Marcia L. Scully
General Counsel
Agenda Item 4.

City of Needles, California
Request for City Council Action
CITY COUNCIL HACN Regular Special
Meeting Date: January 28, 2025
Title: Housing Authority Update
Background: On January 7, 2025, the Housing Authority of the City of Needles (HACN) had a successful ribbon-cutting ceremony for the Veterans Housing Program on at W Broadway St.

This transformative initiative provides HUD rental assistance and VA case management services, addressing the housing needs of homeless veterans in our community. This program represents a significant step forward in our commitment to supporting homeless veterans in our community. In August 2023, the Housing Authority of the City of Needles (HACN) received 30 HUD-VASH vouchers, combining HUD rental assistance with VA case management services to provide essential support to veterans. Since the program's implementation in May 2024, offering critical housing assistance to those who have served our nation. This initiative has been made possible through the collaborative efforts of our local and regional community organizations, who partner with HACN to secure permanent housing and provide case management and financial support to our veterans.

The Housing Authority of the City of Needles (HACN) is following all required updates from the U.S.

Department of Housing and Urban Development (HUD) regarding updating its plans and policies as of January 1, 2025. To meet HUD’s standards for the Admissions and Continued Occupancy Plan (ACOP), Public Housing Pet Policy, and Public Housing Lease Agreement. These updates will replace the current ACOP and are classified as a Significant Amendment to the HACN Annual and Five-Year Plan. Critical changes in these updates include revisions to eligibility requirements, pet policies, and the public housing lease agreement, which has not been amended since 2013. These modifications are considered a Significant Amendment to the HACN Annual and Five-Year Plan.
o Public Housing Vacancies and Transfers:
o Current Vacancies: 5 out of 52 units.
o Families Awaiting Transfers:1
o Families Selected for Consideration from Waiting List: 4 o Housing Choice Vouchers (HCV):
o Open and Pending Eligibility: 0 out of 23 allocated vouchers. o Leased Up: 18
o Issued: 5
o Open:0
o Veteran Affairs Supportive Housing (VASH) Vouchers:
o Open and Pending Eligibility: 17 out of 30 allocated vouchers. o Referrals Received from VA Loma Linda: 3
o Leased Up: 6
o Issued: 7
o Public Housing Waiting List:
o Applicants on the waiting list: 50
o Always open for applications.
o Allows the public to submit applications for future selection and consideration. o Section 8 Housing Choice Voucher (HCV) Waiting List:
o Applicants on the waiting list:70
o Opened July 1, 2024 – CLOSED July 31, 2024
o Public submitted applications for future selection and consideration.

Attached Exhibits:

Exhibit A: January 15, 2025, Voucher Statistics Form
Agenda Item 5.

Fiscal Impact: None
Recommended
Action: Information Only
Submitted By: Angelica Deermer, HACN Housing Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
Agenda Item 5.

HACN PubliC HousiNg / VouCHer stAtistiCs
JANuAry 2025
Public Housing = 52 units, 5 current vacancies
919- Vacated 2/1/2024*
104- Vacated 6/10/2024*
106- Vacated 7/1/2024*
1110- 1/1/2025
100- 1/10/2025
*Units require extensive repair/renovation
Current PH family awaiting transfer
Waitlist admission
Waitlist admission
Waitlist admission
Waitlist admission
Units to be transferred
108 919
HUD allocated HCV Vouchers = 23
HCV Vouchers leased up = 18
Port-in Vouchers =1
HCV Vouchers issued = 5
HCV Vouchers open = 0
HUD allocated VASH Vouchers =30
VASH Vouchers leased up = 6
VASH Vouchers issued = 7
VASH vouchers open =17
VASH Referrals =3
VASH Port-outs= 3
Current Waitlist Applicants
Public Housing: 50 HCV: 70
Agenda Item 5.

Agenda Item 6.

Agenda Item 6.
011425 CC MINUTES 1 | P a g e

M I N U T E S

REGULAR MEETING OF THE CITY COUNCIL

CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
TUESDAY, JANUARY 14, 2025 - COUNCIL EXECUTIVE SESSION – NONE - CITY COUNCIL MEETING – 6:00 PM CALL TO ORDER - Mayor Jernigan called the meeting to order at 6:05 PM

ROLL CALL

PRESENT
Council Member Zachery Longacre
Council Member Jamie McCorkle
Vice Mayor Ellen Campbell
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
Also present were City Manager Patrick Martinez, Deputy City Attorney Lena Wade, Director of Development Services Kathy Raasch, and Interim City Clerk Candace Clark PLEDGE OF ALLEGIANCE - Led by Mayor Jernigan
INVOCATION - given by Pastor Marty Souter of Set Free Church

APPROVAL OF AGENDA
Motion made by Vice Mayor Campbell, second by Council Member Pogue to approve the agenda.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
CONFLICT OF INTEREST - None
CORRESPONDENCE - None
INTRODUCTIONS - Mayor Jernigan acknowledged former Council Members Shawn Gudmundson and Tim Terral, and former City Manager Rick Daniels in attendance.

CITY ATTORNEY – Parliamentary Procedures given by Deputy City Attorney Wade.

PUBLIC APPEARANCE
Wayne Colburn spoke about the election turnout and stated that he received feedback from the community about feeling left out.

Roxanne (?) stated that she is concerned about the growing number of coyotes and asked staff to look into a solution
Denise O’Dell stated that there is a conflict on F street between Dr. Cooper’s office and a neighboring business over parking and asked staff to look into a parking solution for Dr. Cooper.

PRESENTATIONS

1. Mayor Jernigan presented a plaque of appreciation to Frank Valenzuela for his years of service as City of Needles Water Foreperson.

PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS
Rick Daniels acknowledged Frank Valenzuela for his years of service to the City of Needles.

COUNCIL CONSENT CALENDAR
Agenda Item 7.
011425 CC MINUTES 2 | P a g e

3. Approve the Minutes of December 10, 2024
Council Member Longbrake pulled item 3 and asked that it be amended as follows:

Under Planning Commission Interviews (Insert the following:) Council Member Pogue made a motion, second by Council Member Longbrake, to appoint Wayne Colburn to the Planning Commission, with a term to expire 12/31/2026.

Motion failed by the following roll call vote:

Ayes: Council Members Pogue and Longbrake
Noes: Council Members Longacre, McCorkle, Campbell, and Belt

Absent: None
Abstain: None
Under Recreation and Parks Interviews (change as follows:) Council Member Longbrake (not Longacre) made the motion to re-appoint Lori Long.

Vice Mayor Campbell made a motion, second by Council Member Longbrake to approve item 3 (minutes) with amendments.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Consent Items 2, 4, 5:

Motion made by Vice Mayor Campbell, second by Council Member Pogue to approve consent calendar items 2, 4, 5. Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

2. Approved the Warrants Register through January 14, 2025

4. Adopted Resolution 2025-7 authorizing destruction of certain city records pursuant to Government Code Section 34090

5. Authorized the Mayor to sign a letter of support for the San Bernardino County Transportation Authority for the Caltrans Sustainable Communities Grant

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

6. Adopt City Council Resolution No. 2025-8 supporting enhanced investments, equitable services, and workforce development programs by Palo Verde Community College (PVCC) in the Needles community.

City Manager Martinez gave staff report.

Former City Manager Rick Daniels, Jon McNeil, Jaclyn Randall, and Glenda Williams spoke about Palo Verde College and answered questions from Council.

Jared Johnston spoke about the need for skilled trade workers and the challenges Cal-Trans faces when hiring.

Former Council Member Shawn Gudmundson expressed concerns over PVCC not delivering services currently that citizens are paying taxes on and urged staff to be proactive in working with PVCC to move forward.

Agenda Item 7.
011425 CC MINUTES 3 | P a g e
Former Council Member Tim Terral spoke in favor of PVCC and the need for their services in our community, but also urged staff to look at ways to raise the public school ratings in Needles, reporting that potential investors have expressed concern over the current NUSD ratings.

Council Member McCorkle made a motion, second by Vice Mayor Campbell to Adopt City Council Resolution No. 2025-8 supporting enhanced investments, equitable services, and workforce development programs by Palo Verde Community College (PVCC) in the Needles community.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

7. Adopt City Council Resolution No. 2025-9, authorizing an affordable housing loan of $135,000 from the State of California Prohousing Incentive Pilot Program (PIP) to Dannie Brayboy and Cynthia Brayboy (Brayboy Family Trust) for the rehabilitation of 108 Chestnut Street, Needles, CA 92363, and granting authority to the City Manager to execute the agreement City Manager Martinez gave staff report.

Council asked questions and Michael Bracken (DMG) and Dannie Brayboy (applicant) responded. Considerable discussion ensued.

Mayor Jernigan opened public comment at 7:34 pm
Wayne Colburn spoke about rent control issues faced by a community where he resided prior to moving to Needles.

Former Council Member Shawn Gudmundson asked questions about landlord responsibilities and asked City staff to look into building affordable housing.

City Manager Martinez responded to the suggestion that the City build affordable housing.

Michael Bracken addressed the question about landlord responsibilities and reported on another upcoming affordable housing project.

Further Council discussion ensued.

Vice Mayor Campbell made a motion, second by Council Member Pogue to Adopt City Council Resolution No. 2025-9, authorizing an affordable housing loan of $135,000 from the State of California Prohousing Incentive Pilot Program (PIP) to Dannie Brayboy and Cynthia Brayboy (Brayboy Family Trust) for the rehabilitation of 108 Chestnut Street, Needles, CA 92363, and granting authority to the City Manager to execute the agreement.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, and Longbrake
Noes: Council Member Belt

Absent: None
Abstain: None

8. Authorize the City to cosponsor the Run for the Wall with an approximate amount of $2,500 for services
City Manager Martinez gave staff report.

Council had minimal discussion regarding traffic control for the event.

Council Member Longacre made a motion, second by Council Member Pogue to authorize the City cosponsor the Run for the Wall with an approximate amount of $2,500 for services.

Motion carried by the following roll call vote:

Agenda Item 7.
011425 CC MINUTES 4 | P a g e
Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

9. Adopt Resolution No. 2025-01 appointing a primary representative and an alternate to the Mojave Desert Air Quality Management District (MDAQMD)
City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Vice Mayor Campbell made a motion, second by Council Member McCorkle to adopt Resolution No. 2025-01 appointing Council Member McCorkle as the primary representative to the Mojave Desert Air Quality Management District (MDAQMD).

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Vice Mayor Campbell made a motion, second by Council Member Longacre to adopt Resolution No. 2025-01 appointing Mayor Jernigan as the alternate representative to the Mojave Desert Air Quality Management District (MDAQMD)
Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

10. Adopt Resolution No. 2025-02 appointing a delegate and an alternate to represent the City of Needles at the Southern California Association of Governments (SCAG) City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Vice Mayor Campbell made a motion, second by Council Member Longacre to adopt Resolution No. 2025-02 appointing Mayor Jernigan as the delegate to represent the City of Needles at the Southern California Association of Governments (SCAG)
Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member McCorkle made a motion, second by Vice Mayor Campbell to adopt Resolution No. 2025-02 appointing Council Member Pogue as the alternate to represent the City of Needles at the Southern California Association of Governments (SCAG) Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None
Agenda Item 7.
011425 CC MINUTES 5 | P a g e

Absent: None
Abstain: None

11. Adopt Resolution No. 2025-03 appointing a City of Needles representative and an alternate to San Bernardino County Transportation Authority (SBCTA)
City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Vice Mayor Campbell made a motion, second by Council Member Pogue to adopt Resolution No. 2025-03 appointing Mayor Jernigan as the City of Needles representative to San Bernardino County Transportation Authority (SBCTA)
Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member Pogue made a motion, second by Council Member McCorkle to adopt Resolution No. 2025-03 appointing Vice Mayor Campbell as the City of Needles alternate to San Bernardino County Transportation Authority (SBCTA)
Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

12. Adopt Resolution No. 2025-04 appointing a City of Needles Director and alternates to the California Joint Powers Insurance Authority (CJPIA)
City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Vice Mayor Campbell made a motion, second by Council Member Pogue to adopt Resolution 2025-04 appointing Council Member Belt as the City of Needles Director and Mayor Jernigan and Council Member McCorkle as alternates to the California Joint Powers Insurance Authority (CJPIA) Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

13. Adopt Resolution 2025-05 Mojave Desert and Mountain Integrated Waste Joint Powers Authority Board and Solid Waste Advisory Task-Force (SWAT) Two Year Appointments City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Vice Mayor Campbell made a motion, second by Council Member Pogue to adopt Resolution 2025-05 appointing Vice Mayor Campbell as the primary delegate and Council Member Pogue as the alternate to the Mojave Desert and Mountain Integrated Waste Joint Powers Authority Board and Solid Waste Advisory Task-Force (SWAT)
Motion carried by the following roll call vote:

Agenda Item 7.
011425 CC MINUTES 6 | P a g e
Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

14. Resolution 2025-06 Appointing a Delegate and an Alternate for the League of California Cities Desert Mountain Division Meetings
City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Council Member McCorkle made a motion, second by Council Member Longacre to adopt Resolution 2025-06 appointing Vice Mayor Campbell as the delegate and Mayor Jernigan as the alternate for the League of California Cities Desert Mountain Division Meetings.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

15. Assign a member to the Budget Committee to fill the seat vacated by former Vice Mayor Kirsten Merritt.

City Manager Martinez gave staff report.

Council engaged in minimal discussion.

Council Member Longbrake made a motion, second by Council Member McCorkle to appoint Council Member Longacre to fill the seat vacated by former Vice Mayor Kirsten Merritt on the Budget Committee.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, Vice Mayor Campbell, Council Members McCorkle, Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
CITY ATTORNEY REPORT - Deputy City Attorney Wade had nothing to report.

CITY CLERK REPORT - Given by Interim City Clerk Clark.

CITY MANAGER REPORT – Given by City Manager Martinez

COUNCIL REQUESTS
Council Member Longacre - Asked staff to look into getting a slurry truck; urged staff to get a jump on spring and keep the parks clean; suggested staff look into a Mobi-Mat as an alternative ADA solution for the Rodeo grounds; requested staff remove overgrown brush around town as a fire prevention measure; reported on damages in the flood control channels; asked about Cal-Trans graffiti coverup colors; asked about Military Mom's banners, urging staff to get them put up; suggested staff and council make a trip to Kingman to see their historic downtown district; asked for Sheriff to enforce parking restrictions and reported on possible revenue the city would get for issuing citations.

Council Member McCorkle - urged staff to address fire hazards and get RiverLux cleaned up; reminded everyone that residents should also participate in keeping our town clean; stated that housing rent needs to be reasonable.

Vice Mayor Campbell - Announced PVCC deadline for enrollment is January 17; reminded everyone to use the Needles Connect App; reported that Military Mom's has ordered some new banners and will be Agenda Item 7.
011425 CC MINUTES 7 | P a g e
putting all of them up once the new banners arrive; reported on League of California Cities event she attended with the Mayor.

Council Member Pogue - Complimented staff on painting the curbs red (no parking areas) around town; reports River Front Cafe has new owners and is being renovated; January 25 City Cleanup/Junk Removal; asked staff if DNR can help with coyote problem; asked about the status of the Denny's building and Riverlux.

Council Member Belt - Asked about getting the recreation center registration online; asked about planting winter rye grass in the parks; urged city to check fire hydrants.

Council Member Longbrake - reported the Westside Chevron is bringing in a Crispy Chicken; advocated for owners and urged city to be proactive with permitting process so local businesses can build and expand and get more people here; requested city staff look into the fire hydrant and city vehicle maintenance schedules; asked about the longevity of the sun canopies the city installed around town; reported the umbrella at Bob Belt Beach Park was shaking in the wind.

Mayor Jernigan - reported on the recent VASH grand opening at the former Sage Motel; January 18 cleanup on third street; Tri-State food drop off; urged city staff to be prepared in case of fires; reported the Route 66 Info fair has been cancelled due to a conflicting event; March 19 is the Resource Fair at El Garces; March 28 is Art in the Park and March 29 is the Craft Fair.

ADJOURNMENT - Mayor Jernigan adjourned the meeting at 8:53 PM ____________________________________ ______________________________________ Mayor Jernigan Interim City Clerk Clark
Agenda Item 7.

Agenda Item 8.

Agenda Item 8.

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Agenda Item 9.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is CITY OF NEEDLES
The ADDRESS of the OWNER is 817 THIRD STREET, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable)
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

I, am the
(Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Notice of Completion 03-17-2023
The property on which said work of improvement was completed is in the City of Needles, County of San Bernardino, State of California, and was approved by the Needles City Council by minute action at the meeting and is DESCRIBED AS FOLLOWS:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
Patrick J. Martinez City Manager
01/28/2025
The PROJECT consists of: Grind and Pave of 2” thick asphalt with petromat, including full depth AC spot repairs, on the following streets as identified on Phase IV-A Street Improvements Project: Desnok Street, Cibola Street, F Street, E Street, Downey Street, Valley Street, Fourth Street, G Street, and Grandview Ave. 11/15/2024
VANCE CORPORATION 459 EGAN AVE, BEAUMONT, CA 92223
Various Streets - City Right-a-Way
01/28/2025
Agenda Item 9.

City of Needles, California
Request for Commission Action
CITY COUNCIL PARKS AND RECREATION Regular Special
Meeting Date: January 28, 2025
Title: Review and approve Parks & Recreation Commissions recommended changes to the Youth Sport Handbook
Background: The Parks & Recreation Commission met on January 20, 2025, to discuss amendments to the Youth Sports Handbook. Staff identified verbiage that was inadvertently omitted from the previous staff report approved to the City Council on October 8, 2024. Following discussion, the Commission voted unanimously to amend Page 1, specifically the 11th bullet. The Minute Action detailing this change is attached.

Proposed Amendment (Page 1, 11th Bullet):

Addition: 6th graders that play on a school sports team will be required to play in the ‘A’ Division for League play (A Division Basketball schedule is designed to accommodate the NMS games allowing players playing in both leagues to make games in each league.) 6th graders will be moved back down to the B Division (5th & 6th) for All- Star tournament play.

Fiscal Impact: Minimal. Handbooks will be printed in-house.

Critical Timeline: All-Star ballots will be handed out the week of January 27, 2025.

Environmental: N/A
Recommendation: Approve the Parks & Recreation Commission's recommended changes to the Youth Sports Handbook.

Submitted By: Jennifer Valenzuela, Recreation Service Manager City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
Agenda Item 10.

PARKS & RECREATION COMMISSION

RECORD OF MINUTE ACTION
CHAIR LONG MOVED, SECONDED BY COMMISSIONER CALDERON, to approve the recommended changes to the Youth Sports Handbook, with the addition to Page #1, 11th bullet.

Motion carried by the following roll call vote:

AYES: CHAIR LONG, VICE CHAIR TORRES, COMMISSIONERS
WILLIS, CALDERON AND MCANDREWS.

NOES: NONE
ABSENT: COMMISSIONER PLETCHER AND COMMISSIONER
MELVIN
I, Jennifer Valenzuela, Recreation Service Manager, hereby certify that the foregoing is a true and correct copy of the official action taken at the regular meeting of the Parks & Recreation Commission of the City of Needles, California, held on the 20th day of January, 2025. ____Jennifer Valenzuela______________________________
Jennifer Valenzuela, Recreation Service Manager
Parks & Recreation Commission
Dated: January 20, 2025
Agenda Item 10.

Agenda Item 10.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Accept Housing Market Demand Assessment prepared by The Concord Group
Background: The City of Needles was awarded $24,000 in funding from the International City/County Management Association (ICMA), COP Network Partner with the Gates Foundation, through the "Gate Economic Mobility Project."

ICMA’s Economic Mobility and Opportunity (EMO) Cohort and grant program offered a valuable platform for networking, training, coaching, and funding to foster improvements that enhance wellbeing and upward mobility for residents.

As part of this program, city staff identified the need for a Housing Market Demand Study. This assessment was designed to provide potential developers with critical insights into housing demand, the types of housing needed, and appropriate price points within the local market.

After a competitive Request for Proposal (RFP) process, The Concord Group was selected as the consultant to complete the study. The final report has been prepared, and The Concord Group will present a summary of the key findings at the meeting.

Fiscal Impact: $20,000 funded by the International City/County Management Association (ICMA), COP Network Partner with the Gates Foundation, through the "Gate Economic Mobility Project."
Environmental Impact: N/A
Recommended Action: Accept Housing Market Demand Assessment prepared by the Concord Group
Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
Agenda Item 11.

Summary of Housing Market Demand Assessment
for Needles, California
Needles City Council Meeting
January 28, 2025
Agenda Item 11.

Background and Objectives
• Responding to a Request for Proposals from the City of Needles, The Concord Group (“TCG”) completed a housing market demand assessment for the City in November 2024 • TCG’s scope of work included an assessment of key housing trends and demand drivers (including employment and demographic trends) for the City as well as for the broader River District region • Based on the findings of our analyses, we provided an assessment of the current housing market, projected demand for rental and for-sale housing in the City over the next 10 years, and provided a menu of potential product types that would meet the forecasted demand across a range of income levels and housing preferences• This presentation summarizes our key findings. 2 Agenda Item 11.

The Concord Group
• Real estate advisory firm founded in 1995 focusing on market, financial and valuation analyses across residential and commercial sectors. o Offices in Newport Beach, San Francisco, Portland, Atlanta, Austin, New Yorko Deep experience across U.S. Metro Marketso 800+ projects per yearo Senior team comprised of recognized industry thought leaderso 40+ full time staff (Professional + Operations) and access to contract teams nationwide • Diverse client/relationship base across real estate sectors o Developers (Multi-family REITs/Land)o Homebuilders (Public/Private)o Public Sectoro Private Equity o Financial Institutions 3 Agenda Item 11.

Key Findings
4 Agenda Item 11.
0 2468
1012141618
<$25K $25-$35K $35-$50K $50-$75K $75-$100K $100-$150K $150-$200K >$200K Annual New Housing Demand - Needles
Rental For-Sale
Demand• The Concord Group projects demand for +/- 55 new housing units per year in Needles over the next 10 years
 Based on expected renter/owner splits, this
comes out to demand for approximately 15-20 new rental units and 35-40 new for-sale/ownership units per year • Demand projected across various household income
and AMI ranges as seen in graph to the right
5 < 60% AMI 60-120% AMI
Agenda Item 11.

Demand Drivers
6 • Demand for new housing driven primarily by the following factors:
 New households. Mix of new in-migrants to the region as well as new household formation (i.e. kids leaving home). Households new to the market are being driven by a combination of job growth, cost of living/quality of life considerations, and work-from-anywhere trends. Includes those seeking vacation/second homes.  Demand for newer housing product from current households. Nearly 60% of the City’s housing stock was built before 1980, offering few modern/updated floorplans. Job and wage growth. The cannabis industry has developed into the City’s dominant industry, and wages have seen strong growth the past three years – leading to a mismatch in the housing stock offered and what some residents can afford.  Continued growth of the River District. As the tri-state area continues to see job growth, Needles has an opportunity to capture its ‘fair share’ of regional housing demand.

Agenda Item 11.

Projected Household Growth
Source: ESRI
7 • ESRI projects no household growth for Needles through 2028, and growth of over 2,000 households in the River District in this timeframe. • Projected growth is notably varied by income range, with losses in lower income ranges and gains in households earning over $75,000 in annual income:

Needles River District
Household Total Households Projected Change Total Households Projected Chang e
Income Range 2023 2028 '23-'28 2023 2028 '23-'28
$0 - $25,000 701 629 (72) -10% 17,191 14,590 (2,601) -15% $25,000 - $35,000 207 165 (42) -20% 6,748 6,099 (649) -10% $35,000 - $50,000 201 179 (22) -11% 8,579 7,990 (589) -7% $50,000 - $75,000 342 250 (92) -27% 11,791 11,616 (175) -1% $75,000 - $100,000 147 160 13 9% 8,365 9,499 1,134 14%
$100,000 - $150,000 200 322 122 61% 8,356 10,833 2,477 30%$150,000 - $200,000 157 228 71 45% 3,295 4,930 1,635 50%$200,000 + 43 51 8 19% 2,520 3,368 848 34% 1,998 1,984 (14) -1% 66,845 68,925 2,080 3%
Agenda Item 11.

Wages
Source: Census, ESRI, DMG 8
• Nearly 6% annual growth in wages in Needles last 5 years $0$10,000$20,000$30,000$40,000$50,000$60,000$70,000$80,000 (10.0%)
(5.0%)

0.0%5.0%

10.0%15.0%20.0% Annual Wage Growth
% Gr. Needles (Left Axis) Needles MSA River District United States Agenda Item 11.

Housing Costs versus Spending Potential: Rental
9 • Per Census estimates, there is a mismatch between housing supply and potential demand given household incomes. Broadly speaking, there is a lack of supply at higher rent and sales price points versus what households in the region can theoretically afford.

Source: Census
0 50
100150200250300350400450500
Current Rental Supply vs HH Affordability - Needles
Renter HH at 30% Inc/Housing Supply
0 1,0002,0003,0004,0005,0006,0007,000
Current Rental Supply vs HH Affordability – River District Renter HH at 30% Inc/Housing Supply
Agenda Item 11.

Housing Costs versus Spending Potential: For-Sale
10 • Per Census estimates, there is a mismatch between housing supply and potential demand given household incomes. Notably in Needles the mismatch is most acute at the upper end of the region’s home prices, where there is very limited supply.

Source: Census
0 50
100150200250300350
<$75K $75K-$115K $115K-$170K $170K-$250K $250K-$330K $330K-$500K $500K+ Current Ownership Supply vs HH Affordability - Needles
Owner HH at 30% Inc/Housing Supply
0 2,0004,0006,0008,000
10,00012,000
<$75K $75K-$115K $115K-$170K $170K-$250K $250K-$330K $330K-$500K $500K+ Current Ownership Supply vs HH Affordability – River District Owner HH at 30% Inc/Housing Supply
Agenda Item 11.

Key Findings
11 • Newer housing stock should help to free up housing units for households earning under +/- $50,000 per year. • Much of the rental and for-sale housing market in the City is priced in a relatively narrow range, and there is a mismatch between prices and household incomes. Many households that could afford to pay more don’t have product that meets their needs and “settle” for lower-priced housing.• Newer housing stock can also help to force rehabilitation and upgrades to the existing housing stock and offerings in order to stay competitive.

Agenda Item 11.

Key Findings
12 • We anticipate demand for future housing to generally follow historic preferences seen in the market, but also see opportunities for product types not commonly seen in the City or region, such as townhomes, micro units, ADUs, and purpose-built single-family rentals. • However, development cost realities will likely limit certain types of housing development in the near-term. Given construction material and labor costs, we would expect certain building types, especially higher-density typologies (i.e. podium) to be difficult to develop given current rent and price levels.

Agenda Item 11.

Key Findings
13 Agenda Item 11.

Q&A
14 Agenda Item 11.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Rodeo Grounds ADA Parking and Path of Travel
Background: The City owns the property known as the Rodeo Grounds, located near San Clemente Avenue and Clarry Drive. This site is rented annually to a non-profit organization for a rodeo event, a tradition in Needles for over 40 years. The event attracts residents and families from across the tri-state area, providing significant recreational and community value.

Staff recently evaluated the need for ADA-compliant parking and an accessible path of travel to seating and restrooms for these events. The proposed improvements include:
• Two (2) van-accessible parking spaces
• 132 linear feet (L.F.) of accessible walking path
Staff identified two options for implementing these improvements, factoring in installation costs and ongoing maintenance requirements. Both options include grading the existing surface to meet ADA slope regulations:

1. Mobi-Mat Installation (Temporary Solution):
o Cost: $12,325.00
 $9,325.00 for the mat
 $3,000.00 for grading
o Requires staff time to install and remove the mat after each event. o Annual maintenance includes fine grading due to weather-related damage and repainting striping for parking stalls.

2. Concrete Installation (Permanent Solution):
o Cost: $12,060.00 (includes grading)
o Minimal maintenance required, limited to occasional sweeping.

Additional Costs: Signage and striping for parking stalls will be handled by Public Works and included in all options.

Fiscal Impact: Maximum cost for construction, Not to Exceed amount of $13,250 from general fund reserves
Environmental Impact: N/A
Recommended Action: Provide Direction to staff
Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
1/23/2025
Agenda Item 12.
© 2025 LightBox. All rights reserved.
154 feet
Agenda Item 12.
5' WALKWAY - 142 X 5' = 710 S.F. PARKING PAD - 28' X 20' = 459 S.F ARENA FRONT ENTRYBOOTH WATER TANKS TEMP. H/C TOILETS EXISTING H/C SEATING AREA CONCESSION NEW WALK PATH H/C PARKING AREA 9' 5' 9' 14' 20' 20' 28' 5' 100' EXHIBIT A Needles Rodeo Grounds H/C Accessibility from Parking to Seating / Temp. Toilets E:\-- T ELLMORE\My DRAWINGS\BASE MAP 2024\Drawing2.dwg, 1/22/2025 3:50:58 PM, Drawn by: Tammy Ellmore Agenda Item 12.

Quote
Date
1/22/2025
Quote #
E11424
Customer
Needles, City of
Kathy Raasch
817 Third Street
Needles, CA 92363
Ship To
Needles, City of
Kathy Raasch
817 Third Street
Needles, CA 92363
Terms
Net 30
Rep
BGPR
FOB
New-Jersey
Quotation valid until
March 31, 2025
Signature
Total
Subtotal
Sales Tax (0.0%)
Freight Quote is an estimate only and may be subject to change at time of shipment If authorized by your terms of sales or approved by your representative your signature below will act as consent to proceed with this order as quoted and will become a binding agreement to purchase.

Credit Card Payments will be assessed a 3.5% fee.

Currency Shown in U.S. Dollar - Foreign customers please remit payment in USD to avoid re-invoicing of any exchange rate loss or fees.

Deschamps Mats Systems, Inc.
218 Little Falls Rd, #12
Cedar Grove, NJ 07009
Item Description Qty Cost Total
300261-1520 Mobi-mat (RecPath) AFX golden sand 5' x 50' 2h 20'' staples + spikes
2 2,289.00 4,578.00
300409 RECPATH MULTI ANGLE 45° AFX Golden Sand 5'
Equipped with H connections spikes and staples
1 719.00 719.00
PR NS or DS Mobi-mat (RecPath) AFX golden sand 5' x 14'' 2h 20'' staples + spikes
1 829.00 829.00
PR NS or DS Mobi-mat (RecPath) AFX golden sand 5' x 28'' 2h 20'' staples + spikes
1 1,609.00 1,609.00
DELIVERY NT Boxing/crating, Shipping, Handling, Delivery 1,590.00 1,590.00 For questions or to proceed with ordering contact
Bruce Glen at 917-459-9113 or
[email protected]
_____________________________________
$9,325.00
$9,325.00
$0.00
Agenda Item 12.

QUOTATION
Description Amount
Grading Bid Amount: 3,000.00
Includes leveling area as needed not to exceed ADA
____________________________________________
Concrete Bid Amount: 9,060.00
Location: Needles Rodeo Grounds 1525 San Clemente St, Needles, CA 92363 Pour new concrete per attached drawing provided by City of Needles Concrete to be 4502CL
Concrete to include a medium broom finish
Concrete to include tool joint control joints per ADA
Scope includes:
*Grading
* All form work
* Provide and finish concrete
Scope excludes:
* Water source - Property owner is responsible for water and water source, if needed * Any and all sealing or curing
* Any and all surveys
* Any and all permits fees
* Any and all 3rd party inspections
* Pretreat
* Any and all compaction testing and certificates
* Traffic control
________________________________________________________________________ Quote Number: 5938
Quote Date: Jan 22, 2025
Quoted To:

Page: 1
TOTAL 12,060.00
Subtotal 12,060.00
928-788-4453
[email protected]
8770 Hwy 95 Dr Mohave Valley, AZ 86440
Stewart Concrete & Bobcat, LLC
Western Construction Specialists, INC
To approve, please sign and return to [email protected]:

Print:_______________________________________
Sign:_______________________________________
Date: ________________
City of Needles
Agenda Item 12.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Accept NOTICE OF COMPLETION’s for work completed by Tony Cossi Construction and Brack Construction for the Neighborhood Beautification Program at 415 La Mesa Way, 381 Needles Hwy, 316 E Street, 2010 Luna Vista, 321 Chestnut Street and 300 Walnut Street Background: The City Council of the City of Needles in its capacity as Successor Housing Agency to the Redevelopment Agency of the City of Needles approved the policies for the implementation and administration of the Neighborhood Beautification Program. The Low and Moderate Income Housing Asset Fund (the "LMIHAF") allocated $260,000 towards 12 projects (approx. $20,000 for each project with the remaining funds to be used for administrative costs).

The purpose of the program is to provide up to $20,000 of LMIHAF funding for the correction of any exterior physical deficiencies to residential structures, fences, landscaping, and other related appurtenances that are visible from a public right-of-way (as defined within the Program Policies), with priority given to code-related improvements.

On July 12, 2022, the City Council awarded Contractor Services for the Neighborhood Beautification Program to Brack Construction Inc. to construct improvements. Brack completed eight (8) locations and then withdrew from the program. Six (6) of the eight (8) locations were accepted by City Council on June 27, 2023. The remaining two projects are presented herein.

On April 23, 2024, the City Council awarded Contractor Services for the Neighborhood Beautification Program to Tony Cossi Construction to complete four (4) remaining locations. Tony Cossi completed the four (4) locations on January 7, 2025, which will conclude this program.
$120,000 was expended from the Low and Moderate Income Housing Asset Fund ("LMIHAF") for the following projects:
• 415 La Mesa Way ($20,000) – Retaining wall, chain link fence • 381 Needles Hwy ($20,000) - Concrete flatwork, chain link fence, gate, flagstone and crushed rock • 316 E Street ($20,000) - Painted house and completed stucco patch, remove wood fence, install block wall • 2010 Luna Vista ($20,000) – Concrete flatwork, landscape rock, flagstone and a tree • 321 Chestnut – ($20,000) – Window removal, stucco & sheet rock patching, paint house & garage, landscape rock
• 300 Walnut Street – ($19,500) – Remove existing roofing and install new sheeting and shingle roof, painted house
Fiscal Impact: The Low and Moderate Income Housing Asset Fund ("LMIHAF") allocated $260,000 towards 12 projects. Brack Construction Inc. completed eight (8) locations for in the amount of $184,762 and Tony Cossi Construction completed four (4) locations in the amount of $56,284 for an overall total of $241,046; leaving $18,954 to be applied to administrative costs.

Recommended Action: Accept NOTICE OF COMPLETION’s for work completed by Tony Cossi Construction and Brack Construction for the Neighborhood Beautification Program at 415 La Mesa Way, 381 Needles Hwy, 316 E Street, 2010 Luna Vista, 321 Chestnut Street and 300 Walnut Street Submitted By: Kathy Raasch, Director of Development Services/Capital Project City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
1/23/2025
Agenda Item 13.

The property on which said work of improvement was completed is in the City of Needles, County of San Bernardino, State of California, and was approved by the Needles City Council by minute action at the meeting and is DESCRIBED AS FOLLOWS:

Improvement on the property hereinafter described and COMPLETED on 09/15/2022 Improvements described as
CONCRETE FLAT WORK, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is HENRY L. LONGBRAKE
The ADDRESS of the OWNER is 2010 LUNA VISTA, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0185-252-06-0000
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Notice of Completion 03-17-2023
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
BRACK CONSTRUCTION INC. 2570 LANDON DRIVE, SUITE D, BULLHEAD CITY, AZ 86429 Patrick J. Martinez City Manager
01/29/2025
01/28/2025
Agenda Item 13.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is ELVIN PETERSON
The ADDRESS of the OWNER is 318 NEEDLES WAY, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0660 - 231-28-0000 The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
INSTALL CONCRETE FLAT WORK, 4' HIGH CHAIN LINK FENCE, W/ WALK GATE AND VEHICLE GATE,

FLAGSTONE WALKWAY AND LANDSCAPE ROCK, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

Patrick J. Martinez City Manager
01/29/2025
01/07/2025
TONY COSSI CONSTRUCTION 6426 MEDIO STREET, SAN DIEGO, CA 921124 01/28/2025
Agenda Item 13.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is DAVID AND MARIE LEONARD
The ADDRESS of the OWNER is 316 E. STREET, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0186-122-18-0000
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Notice of Completion 03-17-2023
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
The property on which said work of improvement was completed is in the City of Needles, County of San Bernardino, State of California, and was approved by the Needles City Council by minute action at the meeting and is DESCRIBED AS FOLLOWS:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
REMOVE & DISPOSE OF EXISTING WOOD FENCE, INSTALLED APPROX. 36 L.F OF 6' BLOCK WALL W/ CAP, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

Patrick J. Martinez City Manager
01/29/2025
01/07/2025
TONY COSSI CONSTRUCTION 6426 MEDIO STREET, SAN DIEGO, CA 921124 01/28/2025
Agenda Item 13.

Improvement on the property hereinafter described and COMPLETED on 09/15/2022 Improvements described as
PREP & PAINT HOUSE AND EVES, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is AIDE M. TOVAR
The ADDRESS of the OWNER is 321 CHESTNUT ST, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0185-102-01-0000
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Notice of Completion 03-17-2023
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
BRACK CONSTRUCTION INC. 2570 LANDON DRIVE, SUITE D, BULLHEAD CITY, AZ 86429 Patrick J. Martinez City Manager
01/29/2025
01/28/2025
Agenda Item 13.

Improvement on the property hereinafter described and COMPLETED on 09/15/2022 Improvements described as

PREP WORK INCLUDING STUCCO REPAIR, TAPE, TEXTURE & PAINT HOUSE AND GARAGE, INSTALL LANDSCAPE ROCK, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is KATHERYN WHEELER
The ADDRESS of the OWNER is 300 WALNUT ST, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0185-102-06-0000
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Notice of Completion 03-17-2023
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
BRACK CONSTRUCTION INC. 2570 LANDON DRIVE, SUITE D, BULLHEAD CITY, AZ 86429 Patrick J. Martinez City Manager
01/29/2025
01/28/2025
Agenda Item 13.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

Contractor’s Name Contractor’s Address:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
Patrick J. Martinez City Manager
01/29/2025
INSTALLATION OF LANDSCAPE ROCK, FLAGSTONE PATH & PLANTING OF 1 TREE UNDER THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.
01/07/2025
TONY COSSI CONSTRUCTION 6426 MEDIO STREET, SAN DIEGO, CA 921124 01/28/2025
Agenda Item 13.

Improvement on the property hereinafter described and COMPLETED on 09/15/2022 Improvements described as
PREP AND PAINTED HOUSE, AS PART OF THE NEIGHBORHOOD BEAUTIFICATION PROGRAM.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

Contractor’s Name Contractor’s Address:

Notice of Completion 03-17-2023
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
BRACK CONSTRUCTION INC. 2570 LANDON DRIVE, SUITE D, BULLHEAD CITY, AZ 86429 Patrick J. Martinez City Manager
01/29/2025
01/28/2025
Agenda Item 13.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is MIRNA GARCIA
The ADDRESS of the OWNER is 415 LA MESA WAY, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable) 0186-142-20-0000
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
Patrick J. Martinez City Manager
01/29/2025
REMOVE EXISTING FENCE. INSTALLED APPROX. 38 L.F. OF RETAINING WALL W/ CAP. INSTALLED CHAIN LINK ON RETAINING WALL, UNDER THE NEIGHBORHOOD BEAUTIFICATION PROGRAM. 01/07/2025
TONY COSSI CONSTRUCTION 6426 MEDIO STREET, SAN DIEGO, CA 921124 01/28/2025
Agenda Item 13.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: Research on Ordinance for Coyotes in the City of Needles Background: At the January 14, 2025, City Council meeting, staff were directed to explore the feasibility of implementing ordinances to address coyote interactions within the rural City of Needles. Coyotes are prevalent in rural and desert areas and have increasingly adapted to urban environments, often resulting in conflicts with residents.

Under California law, coyotes are classified as non-game mammals, allowing them to be hunted yearround with a valid California hunting license in designated areas. However, relocation of coyotes requires written permission from the California Department of Fish and Wildlife (CDFW). These regulatory frameworks highlight the need for localized management strategies tailored to the specific challenges of rural communities like Needles.

Existing Ordinances in Other Rural Cities:

In rural California, many cities and counties adopt coyote management plans focused on education, coexistence, and community-based strategies. Key practices include:
x Public Education: Teaching residents how to minimize coyote encounters by securing food sources, supervising pets, and maintaining clean yards. x Deterrent Strategies: Encouraging the use of humane deterrents like motion-sensor lights or noise devices to keep coyotes away.
x Removal Policies: Establishing clear guidelines for when and how to remove problem coyotes in collaboration with wildlife agencies.

Examples include the City of Palmdale's educational campaigns and Riverside County's predator control programs.

Current Ordinances in the City of Needles:

The City of Needles currently has ordinances that may apply to coyote management:
6HFWLRQ4-18RIWKH&LW\RI1HHGOHV0XQLFLSDO&RGH – Means of Capture:
o Provides authority to law enforcement and Animal Control Officers to use tranquilizers or other means to capture, subdue, or remove animals running at large or posing a threat to public safety.

While this addresses immediate threats, it does not provide a comprehensive framework for managing coyote populations or preventing conflicts.

Challenges Specific to Rural Areas:
Extensive Habitat Range:

Coyotes benefit from access to undeveloped land around Needles, complicating population control efforts.
Resource Limitations:

Smaller rural communities often lack funding and personnel to implement intensive wildlife management programs.
Public Safety Concerns:

Coyotes in residential areas pose potential risks to pets, livestock, and occasionally humans, requiring a balanced approach that addresses safety and ecological conservation.

Agenda Item 14.

Next Steps:

1. Develop a Coyote Management Plan: Include public education initiatives, clear guidelines for when intervention is necessary, and coordination with CDFW for compliance with state regulations.

2. Community Workshops: Engage residents to share best practices for reducing coyote attractants and ensuring safety.

3. Policy Updates: Consider adopting ordinances that outline a proactive, long-term approach to coyote management in rural settings.

Environmental Impact:

Fiscal Impact:

N/A
The estimated cost to develop a coyote management ordinance, including associated staff time, attorney fees, public outreach, training, and materials, ranges from $12,000 to $25,000.

Recommended Action: Provide direction to staff regarding the next steps in addressing coyote management.

Submitted By: Tony Rubalcaba, Animal Control Officer
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
l ( h i d)
1/23/2025
1/23/2025
Agenda Item 14.
4-18 Means Of Capture
The animal control officer or any police officer shall have the authority, when deemed by them reasonably necessary, to utilize a tranquilizer gun or any other form of device or substance in order to apprehend, capture, control, or subdue or destroy any animal either running at large, or considered to be a threat. (Ord. No. 447-AC)
Agenda Item 14.

California Laws Regarding the Taking and Trapping of Coyotes Fish and Game Code
Section 4152. (a) Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, subspecies of red fox that are not the native Sierra Nevada red fox (Vulpes vulpes necator), and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities pursuant to the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code.

Persons taking mammals in accordance with this section are exempt from Section 3007, except when providing trapping services for a fee. Raw furs, as defined in Section 4005, that are taken under this section, shall not be sold.
(b) Traps used pursuant to this section shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either. 4153. The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals. The department may take any mammal which, in its opinion, is unduly preying upon any bird, mammal, or fish. 4154. The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control of nongame mammals and for that purpose may expend any money made available to the department for expenditure for control or eradication of nongame mammals.

Title 14 California Code of Regulations
465.5 Use of Traps
(a) Traps Defined. Traps are defined to include padded-jaw leg-hold, steel-jawed leg-hold, and conibear traps, snares, dead-falls, cage traps and other devices designed to confine, hold, grasp, grip, clamp or crush animals' bodies or body parts.
(b) Affected Mammals Defined. For purposes of this section, furbearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, in sections 3950, 4000, 4150 and 4700 of the Fish and Game Code. (c) Prohibition on Trapping for the Purposes of Recreation or Commerce in Fur. It is unlawful for any person to trap for the purposes of recreation or commerce in fur any furbearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal's body or body part, including, but not limited to, steel-jawed leg-hold traps, padded-jaw leg-hold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps and may be used to trap for the purposes of recreation or commerce in fur any furbearing or nongame mammal.
(d) Prohibition on Exchange of Raw Fur. It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined Agenda Item 14.
by Section 4005 of the Fish and Game Code, of any furbearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subsection (c) above. (e) Prohibition on Use of Steel-jawed Leg-hold Traps by Individuals. It is unlawful for any person to use or authorize the use of any steel-jawed leg-hold trap, padded or otherwise, to capture any game mammal, furbearing mammal, nongame mammal, protected mammal, or any dog or cat. (1) Exception for Extraordinary Case to Protect Human Health or Safety. The prohibition in subsection (e) does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leg-hold trap is the only method available to protect human health or safety.
(A) Leg-hold Trap Requirements. Leg-hold traps used to implement subsection (e)(1) must be padded, commercially manufactured, and equipped as provided in subsections (A)1. through (A)5. below.

1. Anchor Chains. Anchor chains must be attached to the center of the padded trap, rather than the side.

2. Chain Swivels. Anchor chains must have a double swivel mechanism attached as follows: One swivel is required where the chain attaches to the center of the trap. The second swivel may be located at any point along the chain, but it must be functional at all times.

3. Shock Absorbing Device. A shock absorbing device such as a spring must be in the anchor chain.

4. Tension Device. Padded leg-hold traps must be equipped with a commercially manufactured pan tension adjusting device.

5. Trap Pads. Trap pads must be replaced with new pads when worn and maintained in good condition. (f) Use of Non-Body-Gripping Traps for Purposes of Recreation or Commerce in Fur. Any person who utilizes non-body-gripping traps for the take of furbearing mammals and nongame mammals for purposes of recreation or commerce in fur must comply with the provisions of subsections (g)(1) through (3) below. (1) Trap Number Requirement. Any person who traps furbearing mammals or nongame mammals shall obtain a trap number issued by and registered with the department. All traps, before being put into use, shall bear only the current registered trap number or numbers of the person using, or in possession of those traps. This number shall be stamped clearly on the trap or on a metal tag attached to the chain of the trap or to any part of the trap.
(g) Use of Conibear Traps, Snares, Cage and Box Traps, Nets, Suitcase-type Live Beaver Traps and Common Rat and Mouse Traps for Purposes Unrelated to Recreation or Commerce in Fur. Conibear traps, snares, cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps may be used by individuals to take authorized mammals for purposes unrelated to recreation or commerce in fur, including, but not limited to, the protection of property, in accordance with subsections (1) through (5) below. Except for common rat and mouse traps, all traps used pursuant to this subsection must be numbered as required by subsection (f)(1) above. The prohibitions of subsections (c) and (d) above shall apply to any furbearing or nongame mammal taken by a conibear trap or snare pursuant to this subsection (g).
(1) Immediate Dispatch or Release. All furbearing and nongame mammals that are legal to trap must be immediately killed or released. Unless released, trapped animals shall be killed by shooting where local ordinances, landowners, and safety permit. This regulation does not prohibit employees of federal, state, or local government from using chemical euthanasia to dispatch trapped animals. (2) Trap Visitation Requirement. All traps shall be visited at least once daily by the owner of the traps or his/her designee. Such designee shall carry on his/her person written authorization, as owner's representative, to check traps. In the event that an unforeseen medical emergency prevents the owner of the traps from visiting traps another person may, with written authorization from the owner, check traps as required. The designee and the person who issues the authorization to check traps shall comply with all provisions of Section 465.5. Each time traps are checked all trapped animals shall be removed. (3) Trap Placement Requirement. Traps may not be set within 150 yards of any structure used as a permanent or temporary residence, unless such traps are set by a person controlling such property or by a person who has and is carrying with him written consent of the landowner to so place the trap or traps.

Agenda Item 14.

Mammal Hunting Regulations: Nongame Animals
California Code of Regulations E Title 14. Natural Resources E Division 1.

Fish and Game Commission - Department of Fish and Wildlife E Subdivision

2. Game, Furbearers, Nongame, and Depredators E Chapter 6. Nongame Animals
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§472. General Provisions.
§473. Possession of Nongame Animals.
§474. Hours for Taking.
§475. Methods of Take for Nongame Birds and Nongame Mammals. §478. Bobcat.
§478.1. Bobcat Hunting Tags.
§479. Bobcat Pelts.

Chapter 6. Nongame Animals
§472. General Provisions.

Except as otherwise provided in Sections 478 and 485 and subsections (a) through (d) below, nongame birds and mammals may not be taken.
(a) The following nongame birds and mammals may be taken at any time of the year and in any number except as prohibited in Chapter 6: English sparrow, starling, domestic pigeon ( Columba livia) except as prohibited in Fish and Game Code section 3680, coyote, weasels, skunks, opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers, endangered or threatened species).
(b) Fallow, sambar, sika, and axis deer, of either sex, may be taken concurrently with the general deer season and on properties where an authorized deer, elk, or pronghorn antelope season is open.

There is no bag or possession limit for deer taken pursuant to this subsection.

Agenda Item 14.
(1) It shall be unlawful to take any deer pursuant to this subsection without a valid hunting license in possession, but no tag, stamp, or additional endorsement of any kind is required. (2) It shall be unlawful to detach or remove only the head, hide, or antlers of any deer taken pursuant to this subsection, or to leave through carelessness or neglect any portion of the flesh normally eaten by humans to go to waste..
(c) Aoudad, mouflon, tahr, and feral goats may be taken all year. (d) American crows (Corvus brachyrhynchos)
(1) May be taken only under the provisions of Section 485 and by landowners or tenants, or by persons authorized in writing by such landowners or tenants, when American crows are committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Persons authorized by landowners or tenants to take American crows shall keep such written authorization in their possession when taking, transporting or possessing American crows. American crows may be taken only on the lands where depredations are occurring or where they constitute a health hazard or nuisance. If required by Federal regulations, landowners or tenants shall obtain a Federal migratory bird depredation permit before taking any American crows or authorizing any other person to take them.
(2) American crows may be taken under the provisions of this subsection only by firearm, bow and arrow, falconry or by toxicants by the Department of Food and Agriculture for the specific purpose of taking depredating crows. Toxicants can be used for taking crows only under the supervision of employees or officers of the Department of Food and Agriculture or federal or county pest control officers or employees acting in their official capacities and possessing a qualified applicator certificate issued pursuant to sections 14151-14155 of the Food and Agriculture Code. Such toxicants must be applied according to their label requirements developed pursuant to sections 6151-6301, Title 3, California Code of Regulations.
(e) Pursuant to Fish and Game Code Section 2003, it is unlawful to offer any prize or other inducement as a reward for the taking of nongame mammals in an individual contest, tournament, or derby.

Amendment filed 12/22/16; effective 4/1/17. Editorial correction Register 2017-No 13. §473. Possession of Nongame Animals.
(a) Any nongame bird or mammal that has been legally taken pursuant to this chapter may be possessed.
(b) It is unlawful to possess live nutria (Myocastor coypus), and the Department shall not issue any permit authoring possession of any live nutria.

Amendment filed 2/27/2020; effective 4/1/2020.
§474. Hours for Taking.

Agenda Item 14.

Nongame mammals may be taken at any time except as provided in this section. (a) Area Closed to Night Hunting. Nongame mammals may be taken only between one-half hour before sunrise and one-half hour after sunset in the following described area: Beginning at a point where Little Panoche Road crosses Interstate 5 near Mendota; south on Interstate 5 to Highway 198; east on Highway 198 to Highway 99; south on Highway 99 to Interstate 5; south on Interstate 5 to the Los Padres National Forest boundary in Section 8, T 9 N, R 19 W, S.B.B.M near Fort Tejon Historical Monument; west along the National Forest boundary to Cerro Noroeste Road; northwest on Cerro Noroeste Road to Highway 33-166; north on Highway 33-166 to the Soda Lake Road; northwest on the Soda Lake Road and on the Simmler Soda Lake San Diego Creek Road to Highway 58 at Simmler; west on Highway 58 to the Cammotti Shandon Road; north on the Cammotti Shandon Road to the Shandon San Juan Road; north on the Shandon San Juan Road to Highway 41; northeast on Highway 41 to the Cholame Valley Road; northwest on Cholame Valley Road and Cholame Road to the Parkfield Coalinga Road in Parkfield; north on Parkfield Coalinga Road and Parkfield Grade to Highway 198; northwest on Highway 198 to the Fresno-Monterey county line; north along the FresnoMonterey county and Fresno-San Benito county lines to the Little Panoche Road; north and east on the Little Panoche Road to the point of beginning at Interstate 5.

This section does not pertain to the legal take of nongame mammals with traps as provided for by Sections 461-480 of these regulations, and by Sections 4000-4012, 4152 and 4180 of the Fish and Game Code. (This regulation supersedes Section 3000 of the Fish and Game Code.) (b) On privately-owned property, not included in (a) above, nongame mammals may be taken from one-half hour after sunset to one-half hour before sunrise only by the landowner or his agents, or by persons who have in their immediate possession written permission issued by the landowner or tenant that states the permittee can trespass from one-half hour after sunset to one-half hour before sunrise on property under the ownership or control of such landowners or tenants. (c) Fallow deer, axis deer, sambar deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only from one-half hour before sunrise to one-half hour after sunset.

Amendment of subsection (a) filed 6-7-82; designated effective 6-17-82. §475. Methods of Take for Nongame Birds and Nongame Mammals.

Nongame birds and nongame mammals may be taken in any manner except as follows:
(a) Poison may not be used.
(b) Recorded or electrically amplified bird or mammal calls or sounds or recorded or electrically amplified imitations of bird or mammal calls or sounds may not be used to take any nongame bird or nongame mammal except coyotes, bobcats, American crows and starlings. (c) Fallow deer, sambar deer, axis deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only with the equipment and ammunition specified in Section 353 of these regulations. (d) Traps may be used to take nongame birds and nongame mammals only in accordance with the provisions of Section 465.5 of these regulations and sections 3003.1 and 4004 of the Fish and Game Code. Agenda Item 14.
(e) No feed, bait or other material capable of attracting a nongame mammal may be placed or used in conjunction with dogs for the purpose of taking any nongame mammals. Nothing in this section shall prohibit an individual operating in accordance with the provisions of Section 465.5 from using a dog to follow a trap drag and taking the nongame mammal caught in that trap. (f) The take or attempted take of any nongame bird or nongame mammal with a firearm shall be in accordance with the use of nonlead projectiles and ammunition pursuant to Section 250.1 of these regulations.
(g) It shall be unlawful to use lures or similar materials that contain or are labeled or advertised as containing any chronic wasting disease sensitive cervid biofluid as defined in Section 714, including but not limited to urine, feces, saliva, and scent gland secretions, to take any nongame bird or nongame mammal.

Amendment filed 7/1/2024; effective 7/1/2024.
§478. Bobcat.
(a) It shall be unlawful to pursue, take or possess any bobcat without first procuring a hunting license and bobcat hunting tags. This Section shall not apply to bobcats taken pursuant to Section 4152 of the Fish and Game Code and Section 401 of these regulations. (b) Hunting: The pursuit, take, or possession of a bobcat under the authority of a hunting license and a bobcat hunting tag shall be in accordance with the provisions of Section 3960 of the Fish and Game Code, this Section, and sections 472, 473, 474, 475, 478.1 and 479 of these regulations. Bobcats may be taken statewide under the authority of a hunting license and bobcat hunting tags between October 15 through February 28. The bag and possession limit is five bobcats per season. (c) Trapping: It shall be unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the State of California. Any holder of a trapping license who traps a bobcat shall immediately release the bobcat to the wild unharmed.

Change without regulatory effect 8/9/2019.
§478.1. Bobcat Hunting Tags.
(a) Any person who possesses a valid hunting license may, upon payment of the fee specified in Section 702, procure only five revocable, nontransferable bobcat hunting tags. Such tags shall be acquired through the department's Automated License Data System terminals at any department license agent or department license sales office. These tags do not act as shipping tags as required in Section 479 for pelts taken under a trapping license.
(b) Bobcat hunting tags are valid only during that portion of the current hunting license year in which bobcats may be legally harvested as provided in Section 478. (c) The holder of a bobcat hunting tag shall carry the tag while hunting bobcats. Upon the harvesting of any bobcat, the hunter shall immediately fill the tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill.

Agenda Item 14.

One part of the tag shall be immediately attached to the pelt and kept attached until it is tanned, dried or mounted. The other part of the tag shall be sent immediately to the department. (d) Possession of any untagged bobcat taken under the authority of the hunting license shall be a violation of this section except that the provisions of this section shall not apply to the owner or tenant of land devoted to the agricultural industry nor to authorized county, state or federal predatory animal control agents operating under a written trapping agreement with the appropriate landowner while on such land and in connection with such agricultural industry. It is unlawful for any person to sell, offer for sale, barter, trade, purchase, transport from this state, or offer for out-of-state shipment by any common carrier any bobcat pelts, or parts thereof taken pursuant to this provision. (e) Any person who is convicted of violating any provision of this chapter shall forfeit his bobcat hunting tags, and shall not apply for additional tags during the then current hunting license year.

Amendment filed 7/8/11; effective 7/8/11.
§479. Bobcat Pelts.
(a) Except for bobcats taken under a hunting license and tagged with a bobcat hunting tag as set forth in Section 478.1, or as provided in subsection 479(b), it shall be unlawful for any person to possess, whether for sale, export, or personal use, any bobcat pelt or part thereof taken in California without a department mark or shipping tag affixed to the pelt or part. Beginning November 20, 2015, the department shall not affix a department mark or shipping tag on any bobcat pelt. (b) It is unlawful for any person to import, receive from out-of-state, or receive for sale, any bobcat pelt, or parts thereof that is not:
(1) Marked with the current export or shipping tag from the state of origin. (2) Accompanied by an import declaration in accordance with Section 2353 of the Fish and Game Code, and specifying the number and kind of raw pelts in the shipment, the state in which the bobcats were taken, the license number under which they were taken and attesting that they were legally taken. Demonstration of the declaration of entry, pelt ownership and proof of legal take and marking is required of anyone receiving bobcat pelts from out-of-state upon the request of the department.

Amendment filed 11/13/2015; operative 11/20/2015.

Agenda Item 14.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: City Council Resolution No. 2025-11
Approving an affordable housing loan of $275,000 from the State of California Prohousing Incentive Pilot Program (PIP) to 1707 Needles Highway (NHLLC) For Rehabilitation of 1707 Needles Highway, Needles, CA 92363 (APN 0185-048- 09-0000), and granting authority to the City Manager to execute the agreement.

Background: On June 12, 2023, the City of Needles (“City”) was one of eighteen (18) jurisdictions awarded funding under the Prohousing Incentive Pilot (PIP) Program by the State of California. The City was awarded $445,000 for certain affordable housing activities. The purpose of the program is to provide local jurisdictions funding to help alleviate California’s housing crisis by making additional resources available to local communities. 1707 Needles Highway LLC (“NHLLC”) is the owner of the subject property located at 1707 Needles Highway Needles, CA 92363. This is a former hotel/motel that is planned to be repurposed into twenty-nine (29) micro apartments (also sometimes referred to as an efficiency apartment units).

This rehabilitation project has been conditionally approved as appropriate use by the State of California Housing and Community Development Department (HCD).

Staff have worked with Armen Ghadimiana, the Manager/Member of NHLLC on a scope of work to rehabilitate the buildings into twenty-nine (29) units of affordable housing. All units will be efficiency apartment units of approximately 300 square feet each. Each unit shall have a sleeping area, kitchenette (inclusive of a two (2) burner stove and electric vent, a bathroom including shower/tub, toilet, sink, mirror and cabinet) and a storage area (for clothing and other personal possessions). A full Scope of Work is attached to the Affordable Housing Agreement. In total, the rehabilitation costs are estimated to be approximately $675,000.

The form of assistance, based on the rules and regulations of PIP funding, is a forgivable loan to NHLLC. The scheduled loan amount is not to exceed $275,000 or approximately 41% of the total rehabilitation costs. In exchange, the property will be rehabilitated into twenty-nine (29) units of affordable housing to person(s)/families not exceeding 80% of the County Median Income adjusted by family size. The affordability covenants will be recorded against the property and will apply (run) for fifty-five (55) years. An example, using 2024 figures, a family of one (1), which is the appropriate number of users for an efficiency unit, must have a household income of under $57,400 to qualify to live in one of these units.

Work on the units will be completed by a licensed contractor and all applicable State and City Building and Safety rules and regulations shall apply. The City is NOT a party to the construction contract and will only reimburse the applicant for work completed and inspected. Finally, execution of an Agreement with NHLLC shall be contingent upon NHLLC receiving appropriate land-use approvals for residential (multi-family) use.

Fiscal Impact: Funding of the recommended Affordable Housing Loan does not impact on the City of Needles General Fund or any City of Needles Enterprise Funds (utilities) as funding is derived from the State of California Prohousing Incentive Pilot Program (PIP).

Agenda Item 15.

Environmental Impact: The building superstructure is already existing and therefore is exempt from any action or predetermined action under the California Environmental Quality Act (CEQA) Recommendation: Approve City Council Resolution No. 2025-11, authorizing an affordable housing loan of $275,000 from the State of California Prohousing Incentive Pilot Program (PIP) to 1707 Needles Highway (NHLLC) For Rehabilitation of 1707 Needles Highway, Needles, CA 92363 (APN 0185- 048-09-0000), and granting authority to the City Manager to execute the agreement.

Submitted By: Patrick Martinez, City Manager
City Manager Approval: Date:

Other Department Approval (when required): ____ Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
Agenda Item 15.
1 RESOLUTION NO. 2025-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES APPROVING A FORGIVABLE LOAN IN THE AMOUNT OF $275,000 TO 1707

NEEDLES HIGHWAY FROM STATE OF CALIFORNIA PROHOUSING
INCENTIVE PILOT (PIP) PROGRAM FUNDS TO REHABILITATE TWENTYNINE (29) AFFORDABLE HOUSING UNITS AT 1707 NEEDLES HIGHWAY NEEDLES, CA 92363 (APN 0185-048-09-0000) AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, the City of Needles (“City”) desires to encourage and promote the development of new affordable housing through either new construction, rehabilitation or repurpose; and
WHEREAS, City has applied for and been awarded $445,000 of funding from the State of California Housing and Community Development Department (“HCD”) from the Prohousing Incentive Pilot (“PIP”) Program to utilize for purposes of increasing the supply of affordable housing in the City; and
WHEREAS, City has been working with 1707 Needles Highway LLC (“NHLLC”) to rehabilitate and repurpose a former hotel/motel located at 1707 Needles Highway, Needles, CA 92363 into twenty-nine (29) units of affordable housing (“Project”); and WHEREAS, NHLLC has applied for the appropriate land use changes to the subject site to allow for residential (multi-family use); and
WHEREAS, City is in receipt of a scope of work from NHLLC for a total of $675,000 of work needed to rehabilitate the Project into twenty-nine (29) units of affordable housing, and the City has received conditional approval that the rehabilitation of the subject property is an allowable use of PIP proceeds; and
WHEREAS, NHLLC has agreed that in exchange for a $275,000 forgivable loan, NHLLC will invest approximately $400,000 of its own monies into the Project to complete the rehabilitation and agree to Affordability Covenants lasting fifty-five (55) years.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Needles, California, hereby approves an Affordable Housing Agreement with 1707 Needles Highway LLC this date (January 28, 2025) and authorizes the City Manager to execute the Affordable Housing Agreement and the accompanying documents (collectively, “Agreement”) subject to NHLLC receiving appropriate land-use approvals from the City of Needles for residential (multi-family) use and administer said Agreement. Further, that the City Manager is authorized to make minor and administrative modifications to the Agreement as needed and as not to affect its intended purpose.
[Remainder of the page intentionally left blank.]
Agenda Item 15.
2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Janet Jernigan, Mayor
(SEAL)
ATTEST: _________________________________
Candace Clark, Interim City Clerk
APPROVED AS TO FORM:
_____________________________
City Attorney
Agenda Item 15.

AFFORDABLE HOUSING AGREEMENT
(RIVER VALLEY)
THIS AFFORDABLE HOUSING AGREEMENT (the “Agreement”) is entered into this 28 day of January 2025 by and among the CITY OF NEEDLES, a California charter city (the “City”), and 1707 NEEDLES HWY, LLC, a California limited liability company (the “Borrower”).

RECITALS
A. On April 5, 2023, Governor Newsom announced that the California Department of Housing and Community Development (HCD) designated the City as a Prohousing community. The Prohousing designation makes the City eligible for funding incentives and additional resources through state grant programs to speed housing production. The Governor’s Office stated that the City “earned the distinction of being named Prohousing for its commitment to build more housing faster.” B. On June 12, 2023, HCD announced that the City was one of 18 jurisdictions to be part of the first round of the Prohousing Incentive Pilot (PIP) Program funding and was awarded $445,000.

C. HCD is determined to alleviate California’s housing crisis by making additional community development resources available to local governments through the Prohousing Designation Program.

D. The PIP Program is designed to reward local governments that have received the Prohousing Designation with additional funding to accelerate affordable housing production and preservation.

E. On February 20, 2024, the City received communication from HCD urging it to apply for the second Prohousing Incentive Pilot Round 2. This invitation stemmed from the City’s Prohousing Designation.

F. On June 12, 2024, City was awarded $445,000 in PIP funding to be used by the City for rehabilitation of existing housing to permanent supportive housing units and affordable housing to help address homelessness in the City.

G. The Borrower is proposing to utilize PIP funds for the conversion and development of an existing 32 unit motel to micro units affordable rental housing (the “Project”), which is located at 1707 Needles Highway, in the City of Needles, County of San Bernardino, State of California, also identified as Assessor’s Parcel Number (“APN”) 0185-048-09-0000 (the “Property”), more particularly described in the Legal Description attached hereto as Exhibit A, and incorporated herein by reference.

H. City desires to provide financial assistance to the Borrower in the form of a loan of PIP funds up to the amount of Two Hundred Seventy Five Thousand dollars ($275,000) (the “City Loan”) to develop on the Property. In consideration for the City Loan, the Borrower desires to construct twentynine (29) units, and to maintain the Property as an affordable housing project for a term of fifty-five (55) years.

I. The development and operation of the Property pursuant to the terms of this Agreement is in the vital and best interest of the City and the health, safety and welfare of the residents of the City, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

Agenda Item 15.

NOW, THEREFORE, the parties hereto agree as follows:
100. CITY ASSISTANCE
101. City Loan. In accordance with PIP Guidelines adopted by HCD in December 2022 and as may be amended from time to time, the City agrees to loan to the Borrower the amount of Two Hundred Seventy Five Thousand dollars ($275,000) (the City Loan) for the development of the Property. The City Loan is subject to the terms and conditions set forth in this Agreement, and subject further to the terms and conditions set forth within the documents and instruments executed by the Borrower in connection with this transaction, including the notes and deed of trust attached hereto as Exhibit B and Exhibit C, and the “Regulatory Agreement,” in substantially the form set forth in Exhibit D and subject to the Loan Agreement. No interest shall accrue on the City Note, the term of which shall be ten (10) years from the date the Promissory Note is executed (the “Note Term”). T h e Borrower shall have no obligation to repay the City Loan or Promissory Note, or make any installment payments thereon, unless and until the Borrower commits a material default of this Agreement, the Promissory Note, Deed of Trust, or Regulatory Agreement, and fails to cure said default within the time periods provided in those documents, if any. Upon the occurrence of any uncured material default by the Borrower, the City Loan shall be immediately repaid to the City as set forth in Section 402. At the end of the Note Term, provided the Borrower has not committed or caused the occurrence of a material default of this Agreement, the Promissory Note, Deed of Trust, or the Regulatory Agreement, the City Loan shall be forgiven in its entirety and the City shall, upon the request by Borrower, execute and record a partial reconveyance deed removing the portion of the deed of trust attributable to the City Loan from title. The City Loan shall be disbursed to or on behalf of the Borrower for the costs of the development of the Property, and other related expenses (escrow, title insurance, taxes, closing costs) upon the satisfaction of the conditions set forth in Section 102 hereof. The City Loan shall be used to fund Two Hundred Seventy Five Thousand dollars ($275,000), towards the development of the Property.
102. Conditions Precedent to Disbursement of City Loan. The City Loan shall be disbursed to or on behalf of the Borrower upon the satisfaction of the following conditions (and without any retention requirements):
a. Execution and Delivery of Documents. T h e Borrower shall have executed and delivered to the City the Promissory Note, the Deed of Trust, and the Regulatory Agreement, and any other documents and instruments required to be executed and delivered by the Borrower (collectively, the “Loan Documents”). The Deed of Trust shall be a lien upon the Property, junior only to other loans of the City, and shall be a non-recourse obligation of the Borrower. b. Insurance. The Borrower shall have presented a certificate to the City of the insurance policies which are required pursuant to this Agreement. c. Title Insurance. The requesting party or parties shall have received from a title insurance company approved by the requesting party or parties a policy of lender’s title insurance with mechanic’s lien coverage, together with such endorsements as the insured party may require, which shall insure the deed of trust of the requesting party or parties as a valid lien upon the Property, in the lien priority required by this Agreement, and subordinate only to those liens and encumbrances reasonably approved by the insured party.
d. Title to Land. The Borrower has good and marketable fee title to the Property, and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than the liens for current real property taxes and assessments not yet due and payable, and any other matters approved in writing by the City.

Agenda Item 15.
e. Recordation. The Deed of Trust and the Regulatory Agreement shall be recorded against the Property concurrently with or prior to the time of the first disbursement of the City Loan.
f. Request for Payment. For payment of Development costs, the Borrower shall have submitted a request for payment to the City on a form supplied by the City, together with invoices from contractors and subcontractors and any other requested information and documents, indicating that the particular item of Development work for which payment is being requested is complete. g. Inspection of Work. The City shall have inspected the particular item of development work for which payment is being requested and shall have determined that such development work has been completed in accordance with this Agreement and has been completed in a satisfactory manner in accordance with the standards of the construction industry. h. No Default. There shall exist no condition, event or act which would constitute an Event of Default (as hereinafter defined) hereunder or which, upon the giving of notice or the passage of time, or both, would constitute an Event of Default. i. Representations and Warranties. All representations and warranties of the Borrower herein contained shall be true and correct.
103. Assumption of City Loan. Except in connection with transfers approved or permitted pursuant to this Agreement, no Promissory Note may be assigned or assumed by successors and assigns of the Borrower. In no event, however, shall Promissory Note be assigned except in connection with the conveyance of the Property to the person or entity which acquires the Property, as approved by the City in its sole and absolute discretion.
104. Condition of the Property. The following requirements shall apply to the Property:
104.1 Indemnification. T h e Borrower shall save, protect, pay for, defend, indemnify and hold harmless the City and its officers, employees, representatives and agents, from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by the City or its officers, employees, representatives or agents by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Property of any Hazardous Materials which is caused by the Borrower, or its agents, employees, representatives, agents, contractors or invitees.
104.2 Duty to Prevent Hazardous Material Contamination. During the Development and operation of the Property, the Borrower shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment on or under the Property. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials.

The Borrower shall notify the City, and provide to the City a copy or copies, of any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and the Borrower shall report to the City, as soon as possible after each incident, any unusual, potentially important incidents in the event of a release of any Hazardous Materials into the environment.

Agenda Item 15.
104.3 Definitions.
“Governmental Requirements” shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, the Borrower or the Property. “Hazardous Materials” means any substance, material, or waste which is or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (CarpenterPresley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, etseq. (42 U.S.C. §6903) or (xii) defined as “hazardoussubstances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.
200. DEVELOPMENT OF THE PROPERTY.
201. Development of the Property. The Borrower shall develop on the Property located at 1707 Needles Highway, Needles, California 92363, as more particularly described in Exhibit A attached hereto, twenty-nine (29) units of units of multi-family (micro-apartment) housing through the adaptive reuse of a former hotel/motel. Each unit shall be approximately 300 square feet and include a sleeping area, kitchenette with a two (2) burner stove, refrigerator, countertop, electric vent, bathroom (including a tub/shower, toilet sink, faucet and countertop), and closet area for the storage of clothing and personal belongings. The units shall be restricted to lower income households as defined by HCD (0-80% of AMI) and operated in accordance with Section 300, the Scope of Work, attached hereto as Exhibit E and incorporated herein by reference, the Federal Housing Quality Standards, 24 CFR §982.401, the City Municipal Code and all other applicable state and local codes, development standards, ordinances and zoning ordinances, the lead based paint requirements of 24 CFR part 35, and accessibility standards pursuant to 24 CFR part 8 and 22 CFR 92.251(a)(2) (“New Construction”). The development shall be conducted in such a manner so as to avoid or minimize tenant displacement to the greatest extent feasible, in accordance with the provisions of Section 209.2 hereof. The Borrower further agrees to comply with and to cause any contractors and/or subcontractors to comply with the requirements of Section 3, 24 CFR 135 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u, and the implementing regulations, in connection with the Development of the Property. T h e Borrower shall submit to the City one or more construction contracts with a duly licensed contractor or contractors reasonably acceptable to the City providing for the Development of the Property in conformance with the terms of this Agreement. Each such contractor or contractors shall be subject to verification on www.sam.gov by the City that neither it nor its principals is Agenda Item 15.
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from this project, and the City shall be responsible for determining whether each contractor has been debarred in accordance with 2 CFR Part 200. The City shall reasonably approve such contract or contracts if the City finds that such contractor or contractors have sufficient experience and expertise necessary to perform the Development of the Property in a first class manner in accordance with all of the requirements of this Agreement. 202. Scope of Work. The City shall not be responsible to the Borrower or to third parties in any way for any defects in the Scope of Work, nor for any structural or other defects in any work done according to the approved Scope of Work. The Borrower shall hold harmless, indemnify and defend the City and its officers, employees, agents and representatives from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Scope of Work, including without limitation the violation of any laws, and for defects in any work done according to the approved Scope of Work.
203. Cost of Development. The Development of the Property shall be paid with the proceeds of the City Loan and the Borrower’s private funding sources. The Borrower shall be responsible for any additional funds necessary to complete the Development of the Property; provided, however, that in the event that there are insufficient Loan proceeds available to fund such work, the City shall reasonably consider deleting certain work from the Scope of Work, and the Borrower shall accelerate payment of all or a portion of the Borrower Fee, in order to assure that there are sufficient funds for the Development.
204. Timing of Development. The Borrower hereby covenants and agrees to commence the Development of the Property within the time set forth in the Schedule of Performance, attached hereto as Exhibit F and incorporated by this reference. The Borrower further covenants and agrees to diligently prosecute to completion, the Development of the Property in accordance with the approved Scope of Work and to file a Notice of Completion pursuant to California Civil Code Section 3093 within the time set forth in the Schedule of Performance. 205. City and Other Governmental Permits. Before commencement of the Development of the Property, the Borrower shall secure or cause its contractor to be secured any and all permits which may be required by the City or any other governmental agency affected by such construction, including without limitation building permits. The Borrower shall pay all necessary fees and take all actions necessary to obtain such permits; the staff of the City will, without obligation to incur liability or expense therefor, use its best efforts to expedite the City’s issuance of building permits for construction that meets the requirements of the City Code, and all other applicable laws and regulations.
206. Right of the City to Satisfy Other Liens on the Property After City Loans Disbursement. After the Borrower has had written notice and has failed after a reasonable time to challenge, cure, adequately bond against, or satisfy any liens or encumbrances on the Property which are not otherwise permitted under this Agreement, the City shall have the right but no obligation to satisfy any such liens or encumbrances. Notwithstanding the above, the Borrower shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance applicable to the Borrower in respect thereto.
207. Insurance and Indemnity. The Borrower shall take out and maintain or shall cause its contractor to take out and maintain until the issuance of the Certificate of Completion pursuant to this Agreement, a comprehensive general liability policy in the amount of not less than Two Million Dollars ($2,000,000) combined single limit policy. All policies shall protect the Borrower and City Agenda Item 15.
from claims for such damages, and be issued by an insurance carrier qualified to do business in the State of California, which carrier is reasonably satisfactory to the City. Such policy or policies shall be written on an occurrence form. The Borrower shall also take out and maintain a policy of property damage insurance, with the policy amount in the full replacement value of the Property. The Borrower shall also furnish or cause to be furnished to the City evidence satisfactory to the City that Borrower and any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law.

Prior to the Borrower’s procurement or renewal of an insurance policy, and not less than annually in any case, the Borrower shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and its officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status, which shall be provided as a separate endorsement attached to the certificate. The certificate and separate endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by the Borrower shall be primary insurance and not be contributing with any insurance maintained by the City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City. The required certificate shall be furnished by the Borrower at the time set forth therefor in the Schedule of Performance. The Borrower shall also take out and maintain, until the end of the Affordability Period, a policy of property damage insurance with the policy amount in the full replacement value of the Property.

In addition to the foregoing, the Borrower shall defend, indemnify, assume all responsibility for, and hold the City and its representatives, volunteers, officers, employees and agents, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation thereof and for any damages to property or injuries to persons, including accidental death (including attorneys fees and costs), which may be caused by any acts or omissions of the Borrower under this Agreement, whether such activities or performance thereof be by the Borrower or by anyone directly or indirectly employed or contracted with by the Borrower and whether such damage shall accrue or be discovered before or after termination of this Agreement. The Borrower shall not be liable for property damage or bodily injury to the extent occasioned by the sole negligence of the City or its agents or employees. 208. Entry by the City. The Borrower shall permit the City, through its officers, agents or employees, at all reasonable times to enter onto the Property and inspect the Property and work of Development to determine that the same is in conformity with the Scope of Work and all the requirements hereof. The City intends that the Property will be inspected not less than annually to ensure compliance with the requirements of this Agreement. The Borrower acknowledges that the City is under no obligation to supervise, inspect, or inform the Borrower of the progress of construction, and the Borrower shall not rely upon the City therefor. Any inspection by the City is entirely for its purposes in determining whether the Borrower is in default under this Agreement and/or compliance with City building codes and is not for the purpose of determining or informing the Borrower of the quality or suitability of construction. The Borrower shall rely entirely upon its own supervision and inspection in determining the quality and suitability of the materials and work, and the performance of architects, subcontractors, and material suppliers. 209. Compliance with Laws. The Borrower shall carry out the design, Development and operation of the Property in conformity with all applicable laws, including all applicable federal and state labor standards, City zoning and development standards, building, plumbing, mechanical and Agenda Item 15.
electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 209.1 Taxes and Assessments. The Borrower shall be entitled to apply for and receive a full or partial exemption from the payment of property taxes and assessments which would be assessed upon the Property. The City does not represent or warrant to the Borrower that such an exemption will be available to the Borrower. The Borrower shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property, subject to the Borrower’s right to contest in good faith any such taxes or to receive an exemption from the payment of such taxes as provided above.
209.2 Liens and Stop Notices. The Borrower shall not allow to be placed on the Property or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or recorded affecting the Property the Borrower shall within thirty (30) days of such recording or service or within five (5) days of the demand of the City, whichever last occurs: pay and discharge the same; or effect the release thereof by recording and delivering to the City a surety bond in sufficient form and amount, or otherwise; or provide the City with other assurance which the City deem, in their sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the full and continuous protection of City from the effect of such lien or bonded stop notice. 209.3 HCD Program Requirements. The City Loan will be provided through funds provided to the City from the HCD PIP Program described above, as it now exists and as it may hereafter be amended. Accordingly, the Borrower shall comply with all applicable requirements of the PIP Program, as it now exists or may hereafter be amended. 209.4 Certificate of Completion. Promptly after completion of the Project in conformity with this Agreement, the City shall furnish the Borrower with a “Certificate of Completion”, substantially in the form of Attachment No. hereto which is incorporated herein by reference. The City shall not unreasonably withhold such Certificate of Completion. The Certificate of Completion shall be a conclusive determination of satisfactory completion of the Project and the Certificate of Completion shall so state. If the City refuses or fails to furnish the Certificate of Completion, after written request from the Borrower, the City shall, within fifteen (15) days of written request therefor, provide the Borrower with a written statement of the reasons the City refused or failed to furnish the Certificate of Completion. The statement shall also contain the City’s opinion of the actions the Borrower must take to obtain the Certificate of Completion. Even if the City shall have failed to provide such written statement within such fifteen (15) day period, the Borrower shall not be deemed entitled to the Certificate of Completion. The Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Borrower to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the Project, or any part thereof. The Certificate of Completions is not a notice of completion as referred to in Section 8182 of the California Civil Code.
209.5 The Borrower shall be responsible for making a prevailing wage determination for the Project. If applicable, the Borrower agrees to ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract or work. The Borrower shall specify in the contract such rate and the general prevailing rate for regular holiday and overtime work in the locality, for each craft or type of worker needed to execute the contract Health and Safety Code section 33423. The Borrower further agrees to deliver to each subcontractor a written copy of the prevailing wage determination as determined in connection with the project prior to the execution of the subcontract and to require each subcontractor as a part of their contract Agenda Item 15.
to agree to pay not less than prevailing wages as so determined. The Borrower shall keep posted in a conspicuous place or places on the project at all times during construction a legible copy of the applicable prevailing wage.
300. OPERATION OF HOUSING
301. Affordable Units. The Borrower agrees to make available, restrict occupancy to, and lease twenty-nine (29) of the constructed housing units of the Project to: i) a Low-income household or family whose annual incomes do not exceed 80 percent of the median income for the area, as established and amended from time to time by HUD or ii) the limits defined under Section 50079.5 for lower income households, all at an Affordable Rent (all of the units are hereafter the “Affordable Units”). The Borrower shall comply with the terms set forth below and in the Regulatory Agreement which is attached hereto as Exhibit D and incorporated herein by reference. Any variation from these requirements must comply with the procedure set forth in Section 312 of this Agreement.

The Borrower shall annually submit to the City a completed income computation and certification form, in a form to be provided by the City, and such forms may change from time to time. The Borrower shall certify that each tenant of the Property meets the income restrictions of this Section 301. The Borrower shall obtain an income certification from the tenant of the Property which shall certify that the income of the tenant is truthfully set forth in the income certification form. Unless otherwise specified by the City, the Borrower shall verify the income certification of the tenant in accordance with HCD regulations which may include one or more of the following methods:
a. obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any. b. obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
c. obtain an income verification certification from the employer of the tenant. d. obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
e. obtain three (3) most recent checking, savings and money market statements. f. most recent investment and retirement statements
g. obtain an alternate form of income verification reasonably requested by the Borrower, if none of the above forms of verification is available to the Borrower.

The Property shall be subject to the requirements of this Article 300 in perpetuity commencing upon the recording date of the Certificate of Completion of the Project. The duration of this requirement shall be known as the “Affordability Period.”
302. Affordable Rent. The maximum Monthly Rent chargeable to income eligible households shall be annually determined by the City in accordance with HCD requirements. The maximum rent that the Borrower may change any household occupying an affordable unit shall meet the following requirements:
a. The Monthly Rent payable by a tenant who meets the income limits for lower income households shall not exceed the lesser of: a.) High Rents at the lesser of the Section 8 Fair Market Rents, or 65% of area median income, as established and amended annually by HUD, adjusted for number of bedrooms in the unit, as well as the reasonable monthly utility allowance; or b.) the Agenda Item 15.
lower income rents set forth in Health & Safety Code Section 50053 based on the methodology established by HCD, adjusted for number of bedrooms in the unit, less the reasonable monthly utility allowance.
b. Notwithstanding the foregoing, however, if after the tenant’s initial occupancy of the housing unit, the tenant’s income increases to greater than the qualifying limits set forth above, the Monthly Rent charged by the Borrower shall not exceed thirty percent (30%) of the tenant’s adjusted income.
c. For purposes of this Agreement, “Monthly Rent” means the total of monthly payments for (a) use and occupancy of the Property and land and required facilities associated therewith (including parking), (b) any separately charged fees or service charges assessed by the Borrower which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the Borrower. 303. Lease Requirements. Prior to disbursement of the City Loans, the Borrower shall submit a standard lease form to the City for its approval. The City shall reasonably approve such lease form upon finding that such lease form is consistent with this Agreement and contains all of the provisions required pursuant to HCD Regulations. The Borrower shall enter into a written lease, in the form approved by the City, with each tenant of the Property.
304. Selection of Tenants. The Property shall be leased to current tenants selected by the Borrower who meet all of the requirements provided herein. The Borrower shall adopt a tenant selection system in conformance with HCD Regulations, which shall be approved by the City in its reasonable discretion, which establishes a chronological waiting list system and/or random lottery system for selection of tenants, or, to the extent feasible, utilizes a Coordinated Entry System. The Borrower shall not refuse to lease to a holder of a rental voucher under 24 CFR part 982 (Section 8 Tenant Based Assistance: Housing Choice Voucher Program) or to the holder of a comparable document evidencing participation in Section 8 program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria. 305. Affordability Period. Affordability Period means the duration of the affordable housing requirements which are set forth in this Agreement and the Regulatory Agreement. The project shall be subject to the requirements herein in perpetuity commencing upon the recording date of the Certificate of Completion of the Project. For purposes of this Section, “in perpetuity” means the useful life of the Property with the land use controls imposed, but not less than fifty-five (55) years. The duration of this requirement shall be known as the “Affordability Period.” 306. Occupancy Standards. To the extent legally possible, occupancy of the Affordable Units shall be limited to two persons per bedroom plus one additional person. Notwithstanding the foregoing, however, no residents of the Affordable Units as of the date of this Agreement shall be evicted from their apartment units solely because such residents do not meet the occupancy standards requirements of this Section 306.
307. Maintenance. The Borrower shall maintain or cause to be maintained the interior and exterior of the Property in a decent, safe and sanitary manner, in accordance with the maintenance standards required of similar housing units within San Bernardino County, California, and the standards required by the City Municipal Code. If at any time the Borrower fails to maintain the Property in accordance with this Agreement and such condition is not corrected within five days after written notice from the City Agenda Item 15.
with respect to graffiti, debris, waste material, and general maintenance, or thirty days after written notice from the City with respect to landscaping and building improvements, then the City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Property and perform all acts and work necessary to protect, maintain, and preserve the Property and landscaped areas on the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by the Borrower to the City, as appropriate, upon demand.
308. Management Plan. The Borrower shall submit for the approval of the City a “Management Plan” which sets forth in detail the Borrower’s property management duties, the tenant selection process in accordance with Section 304 hereof, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations of the Property and manner of enforcement, a standard lease form in accordance with Section 303 hereof, the identity of the manager of the Property (the “Property Manager”), and other matters relevant to the management of the Property. The Management Plan shall require the Borrower to adhere to a fair lease and grievance procedure and provide a plan for tenant participation in management decisions. The management of the Property shall be in compliance with the Management Plan which is approved by the City.

In the event that such deficiencies have not been cured within the time set forth in Section 401 hereof, the City shall each have the right to require the Borrower to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City, which is not related to or affiliated with the Borrower, and which has not less than five (5) years experience in property management, including significant experience managing affordable multifamily residential development of the size, quality and scope of the Property. 309. Monitoring and Recordkeeping. Throughout the Affordability Period, the Borrower shall comply with all applicable recordkeeping and monitoring requirements set forth in Health and Safety Code Section 33418 and shall annually complete and submit to City a Certification of Continuing Program Compliance in the form provided by the City. Representatives of the City shall be entitled to enter the Property, upon at least twenty-four (24) hours’ notice, to monitor compliance with this Agreement, to inspect the records of the Property, and to conduct an independent audit or inspection of such records. The Borrower agrees to cooperate with the City in making the Property available for such inspection or audit. If for any reason the City is unable to obtain the Borrower’s consent to such an inspection or audit, the Borrower understands and agrees that the City may obtain at the Borrower’s expense an administrative inspection warrant or other appropriate legal order to obtain access to and search the Property. The Borrower agrees to maintain records in businesslike manner, and to maintain such records for the term of this Agreement. 310. Non-Discrimination Covenants. The Borrower covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Borrower itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. The Borrower shall also comply with applicable equal opportunity and fair housing requirements. The covenants established in this Section Agenda Item 15.
310 shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City and its successors and assigns, and shall remain in effect in perpetuity. 311. Regulatory Agreement. The requirements of this Agreement which are applicable after the disbursement of the City Loans are set forth in the “Regulatory Agreement” which is attached hereto as Exhibit D and incorporated herein by reference. The execution and recordation of the Regulatory Agreement is a condition precedent to the disbursement of the City Loans. 312. Leasing Affordable Units Below Income Level Designations. In the event the Borrower is unable to lease an Affordable Unit at its designated income level, the Borrower may submit a request to the City Manager, or his or her designee, to lease a particular Affordable Unit at a level that is below the agreed unit designation set forth in Section 301 of this Agreement. The Executive Director, or its designee, may, in his or her sole discretion, approve such requests upon making a finding that, for a period of not less than ninety (90) days, the Borrower has made all reasonable efforts to market the Affordable Unit to prospective tenants at the designated income level, that there are no apparent qualified applicants at the designated income level, and that there are no significant financial impacts to the project. The City Manager, or his or her designee, may authorize one or more lower income designations. The new tenants for the temporarily redesignated Affordable Unit must have a household income that meets the appropriate income designation (depending on the unit redesignation) as set forth below:
a.) Extremely-Low means households (“Extremely-Low Households”) that do not exceed the following: i) the qualifying limits for Extremely-Low Income Households as established and amended from time to time by HUD or ii) the limits defined under California Health and Safety Code Section 50106 for extremely-low income households, adjusted for household size.
b.) Lower Income means households (“Low Income Households”) that do not exceed the following: i) qualifying limits for Low Income Households as established and amended from time to time by HUD or ii) the limits defined under California Health and Safety Code Section 50079.5 for Lower Income Households, adjusted for household size; and includes Extremely-Low to Very-Low Income Households.
c.) In order to maintain the household income mix set forth in Section 301 above, the Borrower shall lease the next available Affordable Unit at the income level subject to the any waiver granted pursuant to this section. The Borrower shall re-apply for approval to vary from such designation, in the event the Borrower is unable to again lease an Affordable Unit at the designated income level.
400. DEFAULT AND REMEDIES
401. Events of Default. A failure by any party to perform any action or covenant required by this Agreement, the Regulatory Agreement, the Promissory Notes, and/or the Deed of Trust, within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default shall give written notice of Default to the other parties specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party cures such default within five (5) days if the claimed Default is a failure to pay amounts due pursuant to the Promissory Note, or thirty (30) days from receipt of such notice for all other claimed Defaults hereunder. However, in the event that such Default is other than a failure to pay money and is of such a nature that it cannot reasonably be cured within thirty (30) days Agenda Item 15.
from receipt of such notice, the claimant shall not institute any proceeding against the other party, and the other party shall not be in Default if such party immediately upon receipt of such notice, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence as soon as reasonably possible thereafter. In the event that the Borrower is in default on any loan or deed of trust, the Borrower shall immediately deliver to the City a copy of such notice of default. Even if the holder of such loan or deed of trust has not exercised its rights or remedies with respect to such default, the City shall have the right (but not be obligated to) cure such default. In such event, the City shall be entitled to reimbursement from the Borrower of all costs and expenses they have actually incurred in curing such default. The City shall be entitled to add the amount incurred by it to the amounts owing pursuant to the Promissory Note, and secured by the Deed of Trust. 402. Remedies. The occurrence of any Event of Default shall give the nondefaulting party the right to proceed with any and all remedies set forth in this Agreement and/or, the Promissory Note, the Deed of Trust or Regulatory Agreement (collectively, the “Loan Documents”), including an action for damages, an action or proceeding at law or in equity to require the defaulting party to perform its obligations and covenants under the Loan Documents or to enjoin acts or things which may be unlawful or in violation of the provisions of the Loan Documents, and the right to terminate this Agreement. In addition, the occurrence of any Event of Default by the Borrower will relieve the City of any obligation to perform hereunder, including without limitation to make or continue the City Loan, and the right to cause all indebtedness of the Borrower to the City under this Agreement and the Promissory Note, together with any accrued interest thereon, to become immediately due and payable. 403. Force Majeure. Subject to the party’s compliance with the notice requirements as set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to causes beyond the control and without the fault of the party claiming an extension of time to perform, which may include the following: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, acts or omissions of the other party, or acts or failures to act of any public or governmental entity (except that the acts or failure to act of the City shall not excuse performance of the City hereunder). An extension of the time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Inability to obtain financing for the acquisition or operation of the Property shall not constitute an event beyond the control of the Borrower for purposes of this Section 403.
404. Attorneys’ Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder or under any of the Loan Documents, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorneys’ fees. 405. Remedies Cumulative. No right, power, or remedy given by the terms of this Agreement or the Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given by the terms of any such instrument, or by any statute or otherwise. 406. Waiver of Terms and Conditions. Any party may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

Agenda Item 15.
407. Non-Liability of City Officials and Employees. No member, official, employee or agent of the City shall be personally liable to the Borrower, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Borrower or its successors, or on any obligations under the terms of this Agreement. 500. GENERAL PROVISIONS
501. Time. Time is of the essence in this Agreement.
502. Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice:

Borrower: 1707 Needles Hwy, LLC
1707 Needles Highway
Needles, CA 92363
Attention: Armen Ghadimian
City: City of Needles
817 3rd Street
Needles, CA 9236 3
Attention: City Manager
Such addresses may be changed by notice to the other party given in the same manner as provided above.
503. Representations and Warranties of the Borrower. The Borrower hereby represents and warrants to the City as follows:
a. Organization. The Borrower is a duly organized, validly existing limited liability company in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. b. Authority of the Borrower. The Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, to Develop and operate the Property, and to perform and observe the terms and provisions of all of the above. c. Valid Binding Agreements. This Agreement and the Loan Documents and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of the Borrower enforceable against it in accordance with their respective terms.
d. Pending Proceedings. The Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, at law or in equity, before or by any court, board, commission Agenda Item 15.
or agency whatsoever which might, if determined adversely to the Borrower, materially affect the Borrower’s ability to repay the City Loan or impair the security to be given to the City pursuant hereto. e. Layering Review. The Borrower acknowledges that a layering review was performed in accordance with 24 CFR 92.250 (b). The Borrower hereby represents and certifies to the City that no government assistance other than the City Loan has been obtained or is contemplated to be obtained for the development of the Property. The Borrower agrees to notify the City in the event that it applies for or proposes to use other governmental funds for the Property prior to the end of the Affordability Period.
504. Limitation Upon Change in Ownership, Management and Control of the Borrower. a. Prohibition. The identity and qualifications of the Borrower as a locally based, experienced and successful operator of affordable housing projects are of particular concern to the City.

It is because of this identity and these qualifications that the City has entered into this Agreement with the Borrower. No voluntary or involuntary successor in interest of the Borrower shall acquire any rights or powers under this Agreement by assignment or otherwise, nor shall the Borrower make any total or partial sale, transfer, conveyance, encumbrance to secure financing, assignment or lease of the whole or any part of the Property, without the prior written approval of the City pursuant to Subparagraph (c) hereof, except as expressly set forth herein, which approval shall not be unreasonably withheld. b. Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment or transfer of this Agreement, the City Loan, the Promissory Note, the Deed of Trust, the Regulatory Agreement, or conveyance of the Property or any part thereof pursuant to subparagraph (c) of this Section 504, shall not be required in connection with any of the following (the “Permitted Transfers”):
(i) Subject to the restrictions of Sections 301 through 310 of this Agreement and the Regulatory Agreement, the lease of units within the Property to qualified tenants. (ii) Assignment for financing purposes, subject to such financing being considered and approved by the City.

In the event of an assignment by the Borrower not requiring the prior approval of the City, the Borrower nevertheless agrees that at least ten (10) days prior to such assignment or transfer it shall give written notice to City of such assignment or transfer.
c. City Consideration of Requested Transfer. The City agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 504, provided (a) the Borrower delivers written notice to the City requesting such approval, and (b) the proposed assignee or transferee possesses comparable operational experience and capability, and comparable net worth and resources, as the proposed transferor or assignor, and (c) the assignee or transferee assumes the obligations of the Borrower under this Agreement in a form which is reasonably acceptable to the City, and (d) the assignee or transferee is a Community Housing Development Organization. Such notice shall be accompanied by evidence regarding the proposed assignee’s or purchaser’s qualifications and experience and its financial commitments and resources sufficient to enable the City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 504(c) and other criteria as reasonably determined by the City. The City shall approve or disapprove the request within thirty (30) days of its receipt of the Borrower’s notice and all information and materials required herein. In no event, however, shall the City be obligated to approve the assignment or transfer of the City Loans, Promissory Note or Deed of Trust pursuant to this Section 504, except to an approved transferee or assignee of the Borrower’s rights in and to the Property.

Agenda Item 15.
d. Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon the Borrower and the permitted successors and assigns of the Borrower. Whenever the term “Borrower” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 505. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the City and the Borrower and their permitted successors and assigns, and no other person or persons shall have any right of action hereon. 506. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
507. Governing Law. This Agreement and the Loan Documents and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto. 508. Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by the Borrower and City. City shall maintain authority of this Agreement and the authority to implement this Agreement through the City Manager (or his/her duly authorized representative). The City Manager (or his/her duly authorized representatives) shall have the authority to make approvals, issue interpretations, execute documents, and/or enter into certain amendments of this Agreement, on behalf of City, respectively, including but not limited to reasonable requests of the Borrower, or the requirements of the PIP Program, so long as such actions do not materially or substantially change the uses or development permitted on the Property, or add to the costs incurred or to be incurred by City as specified herein, and such approvals, interpretations and/or amendments may include extensions of time to perform as specified in the Schedule of Performance. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council.
509. Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing. Where this Agreement requires an approval or consent of the City, such approval may be given on behalf of the City by the City Manager or his or her designee. The City Manager or his or her designee is hereby authorized to take such actions as may be necessary or appropriate to implement this Agreement on behalf of the City, including without limitation the execution of such documents or agreements as may be contemplated by this Agreement, revisions to the Schedule of Performance, and amendments which do not substantially change the uses or restrictions hereunder, or substantially add to the costs of the City hereunder.
510. Exhibits if executed. When Exhibits are executed asif an original document, then it will be assumed that the intent of the signatory was that such exhibit be treated as a standalone original, and not merely as an exhibit.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.

Agenda Item 15.

BORROWER:
1707 NEEDLES HWY, LLC, a California limited
liability company
By: ___________________________
Name: Armen Ghadimian
Title: Managing Partner
CITY:

CITY OF NEEDLES, a California charter city
By: __________________
Name: Patrick Martinez
Title: City Manager
ATTEST:
___________________________
Candace Clark, Interim City Clerk
APPROVED AS TO FORM:
__________________________
By: John O. Pinkney, City Attorney
Agenda Item 15.

EXHIBIT A LEGAL DESCRIPTION
All that real property situated in the City of Needles, County of SAN BERNARDINO, State of California, described as:

That portion of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 9 North; Range 23 East, San Bernardino Base and Meridian, in the City of Needles, County of San Bernardino, State of California, according to the Official Map thereof, described as follows:

Beginning at a point on the South line of the Northwest 1/4 of the Northeast 1/4 of said Section 30, which is North 89 deg. 23’ 00” West 160.00 feet from the Southeast corner thereof; thence North 89 deg. 23’ 00” West along said South line; thence North 240.00 feet; thence South 89 deg. 23’ 00” East 150.00 feet; thence South 165.00 feet; thence South 89 deg. 23’ 00” East 50.00 feet; thence South 75.00 feet to the Point of Beginning.

Except therefrom that portion conveyed to William A. Fancher et ux, by Deed recorded August 18, 1971, in Book 7733, Page 924, Official Records.

Agenda Item 15.

EXHIBIT B

PROMISSORY NOTE
[See the pages that follow]
Agenda Item 15.
1 EXHIBIT B

PROMISSORY NOTE
(RIVER VALLEY)
1707 Needles Highway, in the City of Needles, California $275,000 January 28, 2024
Needles, California
FOR VALUE RECEIVED, 1707 NEEDLES HWY, LLC, a California limited liability company (the “Borrower”), promises to pay to the CITY OF NEEDLES, a California charter city (the “City”), or order, at the City’s office at 817 3rd Street, Needles, California 92363, or such other place as the City may designate in writing, the principal sum of Two Hundred Seventy Five Thousand dollars ($275,000) in currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts.

1. Agreement. This Promissory Note (the “Note”) is given in accordance with that certain Affordable Housing Agreement executed by the City and the Borrower, dated as of January 28, 2025 (the “Agreement”) which is incorporated herein by this reference. The rights and obligations of the Borrower and the City under this Note shall be governed by the Agreement and by the additional terms set forth in this Note. In the event of any conflict, the Affordable Housing Agreement prevails, then the Promissory Note.

2. Interest. Two percent (2%) interest shall accrue on the Note Amount.

3. Repayment of Note Amount. The Note Amount shall be immediately due and payable in the event that one of the repayment conditions set forth herein, to wit: the Borrower commits a material default of the Agreement, this Note, the Deed of Trust securing this Note, or the Regulatory Agreement, and fails to cure said default within the time periods provided in those documents, if any. Otherwise, the Borrower shall have no obligation to pay this Note or make any installment payment thereon. Beginning on the first (1st) anniversary of the date this Note is executed through the tenth (10th) anniversary date, provided the Borrower has not committed or caused the occurrence of a material default of the Agreement, this Note, the Deed of Trust securing this Note, or the Regulatory Agreement, the Note Amount will be forgiven at the rate of 1/10th of the Note Amount until the Note Amount is forgiven in its entirety.

Notwithstanding the foregoing, however, the total amount of the principal, interest and any other amounts owing under this Note shall become immediately due and payable upon the earlier to occur of the following:
a. the sale, lease, exchange or other conveyance of the Property, as that term is defined in the Agreement (other than transfers approved or permitted pursuant to the Agreement); or
Agenda Item 15.
2 b. in the event of a material default by the Borrower under the Agreement, the Deed of Trust securing this Note, the Regulatory Agreement, or this Note, which has not been cured within the period of time set forth in those documents.

Failure to declare such amounts due shall not constitute a waiver on the part of the City to declare them due subsequently.

4. Security. This Note shall be secured by a Deed of Trust dated the same date as this Note. A default of Note could result in foreclosure of this property. The form of the Deed of Trust shall be provided to the Borrower.

5. Waivers.
a. The Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time at the City’s sole discretion and that the City may accept security in consideration for any such extension or release any security for this Note at its sole discretion all without in any way affecting the liability of the Borrower. b. No extension of time for payment of this Note made by agreement by the City with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the original liability of the Borrower under this Note, either in whole or in part.
c. The obligations of the Borrower under this Note shall be absolute and the Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reasons whatsoever.

6. Attorneys’ Fees and Costs. The Borrower agrees that if any amounts due under this Note are not paid when due, to pay in addition, all costs and expenses of collection and reasonable attorneys’ fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed.

7. Deed of Trust Acceleration. The Deed of Trust and the Agreement provide for acceleration of the payments due under this Note in the event of default under the Deed of Trust or Agreement.

8. Amendments and Modifications. This Note may not be changed orally, but only by an amendment in writing signed by the Borrower and by the City.

9. City May Assign. City may, at its option, assign its right to receive payment under this Note without necessity of obtaining the consent of the Borrower.

10. The Borrower Assignment Prohibited. Except in connection with transfers permitted pursuant to the Agreement, in no event shall the Borrower assign or transfer any portion of this Note without the prior express written consent of the City, which consent may be given or withheld in the City’s sole discretion.

11. Terms. Any terms not separately defined herein shall have the same meanings as set forth in the Agreement.

Agenda Item 15.
3 BORROWER
1707 NEEDLES HWY, LLC, a
California limited liability company
By:

Name: Armen Ghadimian
Title: Managing Partner
Agenda Item 15.

EXHIBIT C

DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
[See the pages that follow]
Agenda Item 15.
1 RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Needles )
817 3rd Street )
Needles, California 92363 )
Attention: City Clerk )
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.

DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST WITH ASSIGNMENT OF RENTS (this “Deed of Trust”), is made as of January 28, 2025, by 1707 NEEDLES HWY, LLC, a California limited liability company (“Trustor”), whose address is 1707 Needles Hwy, Needles, California 9 2 3 6 3 , to Stewart Title Guaranty Co. (and in such capacity herein called the “Trustee”), for the benefit of the CITY OF NEEDLES, a California charter city (and in such capacity herein called the “Beneficiary”), having an office located at 817 3rd Street, Needles, California 92363.

WITNESSETH: that Trustor grants to Trustee in Trust, with Power of Sale, that property in the County of San Bernardino, State of California, described as:

See attached Exhibit A, incorporated herein
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits.

For the purpose of securing (1) payment of Two Hundred Seventy Five Thousand dollars ($275,000), according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.

To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely:

COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Placer 1028 379
Agenda Item 15.
2 Alpine 3 130-31 Plumas 166 1307
Amador 133 438 Riverside 3778 347
Butte 1330 513 Sacramento 5039 124
Calaveras 185 338 San Benito 300 405
Colusa 323 391 San Bernardino 6213 768
Contra Costa 4684 1 San Francisco A-804 596
Del Norte 101 549 San Joaquin 2855 283
El Dorado 704 635 San Luis Obispo 1311 137
Fresno 5052 623 San Mateo 4778 175
Glenn 469 76 Santa Barbara 2065 881
Humboldt 801 83 Santa Clara 6626 664
Imperial 1189 701 Santa Cruz 1638 607
Inyo 165 672 Shasta 800 633
Kern 3756 690 San Diego SERIES 5 Book 1964,

Page 149774 ends

Kings 858 713 Sierra 38 187
Lake 437 110 Siskiyou 506 762
Lassen 192 367 Solano 1287 621
Los Angeles T-3878 874 Sonoma 2067 427
Madera 911 136 Stanislaus 1970 56
Marin 1849 122 Sutter 655 585
Mariposa 90 453 Tehama 457 183
Mendocino 667 99 Trinity 108 595
Merced 1660 753 Tulare 2530 108
Modoc 191 93 Tuolumne 177 160
Mono 69 302 Ventura 2607 237
Monterey 357 239 Yolo 7 69 16
Napa 704 742 Yuba 398 693
Nevada 363 94
Orange 7182 18
shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivision A and B, (identical in all counties), are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law.

The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. 1707 NEEDLES HWY, LLC, a
California limited liability company
By:

Name: Armen Ghadimian
Title: Managing Partner
Agenda Item 15.

EXHIBIT A
EXHIBIT “A”

LEGAL DESCRIPTION
All that real property situated in the City of Needles, County of SAN BERNARDINO, State of California, described as:

Except therefrom that portion conveyed to William A. Fancher et ux, by Deed recorded August 18, 1971, in Book 7733, Page 924, Official Records.

Agenda Item 15.

ACKNOWLEDGMENT
State of California }ss.

County of }
On , before me, , Notary
Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary

OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document:

Date: Number of Pages:

Signer(s) Other than Named Above:

Capacity(ies) Claimed by Signer
Signer’s Name:
 Individual
 Corporate Officer—Title:
 Partner  Limited  General
 Attorney in Fact  Trustee
 Guardian or Conservator
 Other:

Signer is Representing:

Agenda Item 15.

EXHIBIT D

REGULATORY AGREEMENT
[See the pages that follow]
Agenda Item 15.
1 RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Needles )
817 3rd Street )
Needles, California 92363 )
Attention: City Clerk )
)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.

REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (the “Agreement”) is entered into as of this 28 day of January, 2025 by and among the CITY OF NEEDLES, a California charter city (the “City”), and 1707 NEEDLES HWY, LLC, a California limited liability company (the “Developer”).

RECITALS
A. The City has received funds from the California Department of Housing and Community Development (HCD) Prohousing Incentive Pilot (PIP) Program for the purpose of the acceleration of affordable housing production and preservation in the City of Needles.

B. The Developer is negotiating an agreement to develop twenty-nine (29) rental units located at 1707 Needles Highway, Needles, California (the “Property”), located on the land more particularly described in the Legal Description attached hereto as Exhibit A, and incorporated herein by reference.

C. The City and the Developer have entered into an Affordable Housing Agreement dated as of January 28, 2025, pursuant to which the City have agreed to provide financial assistance to Developer to develop the Property, and the Developer has agreed to develop the Property with such financial assistance.

D. The execution and recording of this Agreement is a condition to the City making assistance available to the Developer pursuant to the Affordable Housing Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. Duty to Prevent Hazardous Material Contamination. During the Development and operation of the Property, the Developer shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment on or under the Property. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. The Developer shall notify the City, and provide to the City a copy or copies, of any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to selfreporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and the Developer shall report to the City, as soon as possible after each incident, any unusual, potentially important incidents in the event of a release of any Hazardous Materials into the environment.

Agenda Item 15.
2 For purposes of this Section 1, “Governmental Requirements” shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, the Developer or the Property.

For purposes of this Section 1, “Hazardous Materials” means any substance, material, or waste which is or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-PresleyTanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xii) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.

2. Development of the Property. The Developer agrees to develop the Property in accordance with the Scope of Work, attached hereto as Exhibit E and incorporated herein by reference, the Federal Housing Quality Standards, 24 CFR §982.401, the City Municipal Code and all other applicable state and local codes, development standards, ordinances and zoning ordinances, the lead based paint requirements of 24 CFR part 35, and accessibility standards pursuant to 24 CFR part 8 (the “Development”). Developer shall submit to the City one or more construction contracts with a duly licensed contractor or contractors reasonably acceptable to the City providing for the Development of the Property in conformance with the terms of this Agreement. Each such contractor or contractors shall by subject to verification on www.sam.gov by the City that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from this project, shall be responsible for determining whether each contractor has been debarred in accordance with 2 CFR Part 200. The City shall reasonably approve such contract or contracts if the City finds that such contractor or contractors have sufficient experience and expertise necessary to perform the Development of the Property in a first class manner in accordance with all of the requirements of this Agreement.

3. Compliance with Laws. The Developer shall carry out the design, Development and operation of the Property in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

The Developer shall be responsible for making a prevailing wage determination for the project. If applicable, the Developer agrees to ascertain the general prevailing rate of per diem wages in the Agenda Item 15.
3 locality in which the work is to be performed, for each craft or type of worker needed to execute the contract or work. The Developer shall specify in the contract such rate and the general prevailing rate for regular holiday and overtime work in the locality, for each craft or type of worker needed to execute the contract Health and Safety Code section 33423. The Developer further agrees to deliver to each subcontractor a written copy of the prevailing wage determination as determined in connection with the project prior to the execution of the subcontract and to require each subcontractor as a part of their contract to agree to pay not less than prevailing wages as so determined. The Developer shall keep posted in a conspicuous place or places on the project at all times during construction a legible copy of the applicable prevailing wage.

4. Affordable Units. The Developer agrees to make available, restrict occupancy to, and lease twenty-nine (29) of the constructed housing units of the Project to: i) a Low-income household or family whose annual incomes do not exceed 80 percent of the median income for the area, as established and amended from time to time by HUD or ii) the limits defined under Section 50079.5 for lower income households, all at an Affordable Rent (all of the units are hereafter the “Affordable Units”). The Developer shall comply with the terms set forth below and in the Regulatory Agreement which is attached hereto as Exhibit D and incorporated herein by reference. Any variation from these requirements must comply with the procedure set forth in Section 312 of the Affordable Housing Agreement.

The Developer shall annually submit to the City a completed income computation and certification form, in a form to be provided by the City, and such forms may change from time to time. The Developer shall certify that each tenant of the Property meets the income restrictions of Section 301 of the Affordable Housing Agreement. The Developer shall obtain an income certification from the tenant of the Property which shall certify that the income of the tenant is truthfully set forth in the income certification form. Unless otherwise specified by the City, the Developershall verify the income certification of the tenant in accordance with HCD regulations which may include one or more of the following methods. a. obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any.
b. obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
c. obtain an income verification certification from the employer of the tenant. d. obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
e. obtain three (3) most recent checking, savings and money market statements. f. most recent investment and retirement statements
g. obtain an alternate form of income verification reasonably requested by the Developer, if none of the above forms of verification is available to the Developer.

The Property shall be subject to the requirements of Article 300 of the Affordable Housing Agreement in perpetuity commencing upon the recording date of the Certificate of Completion of the Project. The duration of this requirement shall be known as the “Affordability Period.” Agenda Item 15.
4 5. Affordable Rent.

The maximum Monthly Rent chargeable to income eligible households shall be annually determined by the City in accordance with the lesser of: HCD Program requirements or, Health & Safety Code Section 50053. The maximum rent that the Developer may charge any household occupying an affordable unit shall meet the following requirements:
a. The Monthly Rent payable by a tenant who meets the qualifying income limits for extremely-low income households shall not exceed the lesser of: a.) Low Rents at 50% of the area median income as established and amended annually by HUD, adjusted for number of bedrooms in the unit, as well as the reasonable monthly utility allowance; or b.) the extremely-low income rents set forth in Health & Safety Code Section 50053 based on the methodology established by HCD, adjusted for number of bedrooms in the unit, less the reasonable monthly utility allowance.
b. The Monthly Rent payable by a tenant who meets the income limits for lower income households shall not exceed the lesser of: a.) High Rents at the lesser of the Section 8 Fair Market Rents, or 65% of area median income, as established and amended annually by HUD, adjusted for number of bedrooms in the unit, as well as the reasonable monthly utility allowance; or b.) the lower income rents set forth in Health & Safety Code Section 50053 based on the methodology established by HCD, adjusted for number of bedrooms in the unit, less the reasonable monthly utility allowance.
c. Notwithstanding the foregoing, however, if after the tenant’s initial occupancy of the housing unit, the tenant’s income increases to greater than the qualifying limits set forth above, the Monthly Rent charged by the Developer shall not exceed thirty percent (30%) of the tenant’s adjusted income. d. For purposes of this Agreement, “Monthly Rent” means the total of monthly payments for (a) use and occupancy of the Property and land and required facilities associated therewith (including parking), (b) any separately charged fees or service charges assessed by the Developer which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the Developer.

6. Lease Requirements. Prior to disbursement of the City Loans, the Developer shall submit a standard lease form to the City for its approval. The City shall reasonably approve such lease form upon finding that such lease form is consistent with this Agreement and contains all of the provisions required pursuant to HCD Regulations. The Developer shall enter into a written lease, in the form approved by the City, with each tenant of the Property.

7. Selection of Tenants. The Property shall be leased to current tenants selected by the Developer who meet all of the requirements provided herein. The Developer shall adopt a tenant selection system in conformance with HCD Regulations, which shall be approved by the City in its Agenda Item 15.
5 reasonable discretion, which establishes a chronological waiting list system and/or random lottery system for selection of tenants, or, to the extent feasible, utilizes a Coordinated Entry System. The Developer shall not refuse to lease to a holder of a rental voucher under 24 CFR part 982 (Section 8 Tenant Based Assistance: Housing Choice Voucher Program) or to the holder of a comparable document evidencing participation in Section 8 program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria.

8. Affordability Period. Affordability Period means the duration of the affordable housing requirements which are set forth in this Agreement and the Regulatory Agreement. The project shall be subject to the requirements herein in perpetuity commencing upon the recording date of the Certificate of Completion of the Project. For purposes of this Section, “in perpetuity” means the useful life of the Property with the land use controls imposed, but not less than fifty-five (55) years. The duration of this requirement shall be known as the “Affordability Period.”

10. Occupancy Standards. To the extent legally possible, occupancy of the Affordable Units shall be limited to two persons per bedroom plus one additional person. Notwithstanding the foregoing, however, no residents of the Affordable Units as of the date of this Agreement shall be evicted from their apartment units solely because such residents do not meet the occupancy standards requirements of Section 306 of the Affordable Housing Agreement.

10.1 Leasing Affordable Units Below Income Level Designations. In the event Developer is unable to lease an Affordable Unit at its designated income level, Developer may submit a request to City Manager, or his or her designee, to lease a particular Affordable Unit at a level that is below the agreed unit designation set forth in Section 4 of this Agreement. The Executive Director, or its designee, may, in his or her sole discretion, approve such requests upon making a finding that, for a period of not less than ninety (90) days, Developer has made all reasonable efforts to market the Affordable Unit to prospective tenants at the designated income level, that there are no apparent qualified applicants at the designated income level, and that there are no significant financial impacts to the project. The Executive Director, or its designee, may authorize one or more lower income designations. The new tenants for the temporarily redesignated Affordable Unit must have a household income that meets the appropriate income designation (depending on the unit redesignation) as set forth below:
a.) Extremely Low-Income Households (“Extremely Low-Income Households”) that do not exceed the following: i) the qualifying limits for Extremely Low-Income Households as established and amended from time to time by the United States Department of Housing and Urban Development (HUD) or ii) the limits defined under California Health and Safety Code Section 50106 for Extremely Low-Income Households, as adjusted for households size. b.) Lower Income Households (“Lower Income Households”) that do not exceed the following: i) qualifying limits for Lower Income Households as established and amended from time to time by the United States Department of Housing and Urban Development (HUD) or ii) the limits defined under California Health and Safety Code Section 50079.5 for Lower Income Households, adjusted for household size; and includes Extremely-Low and Very-Low Income Households.

In order to maintain the household income mix set forth in Section 4 above, Developer shall lease the next available Affordable Unit at the income level subject to the any waiver granted pursuant to this section. Developer shall re-apply for approval to vary from such designation, in the event Developer is unable to again lease an Affordable Unit at the designated income level.

Agenda Item 15.
6 11. Maintenance. The Developer shall maintain or cause to be maintained the interior and exterior of the Property in a decent, safe and sanitary manner, in accordance with the maintenance standards required of similar housing units within San Bernardino County, California, and the standards required by the City Municipal Code. If at any time the Developer fails to maintain the Property in accordance with this Agreement and such condition is not corrected within five days after written notice from the City with respect to graffiti, debris, waste material, and general maintenance, or thirty days after written notice from the City with respect to landscaping and building improvements, then the City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Property and perform all acts and work necessary to protect, maintain, and preserve the Property and landscaped areas on the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by the Developer to the City, as appropriate, upon demand.

12. Management Plan. The Developer shall submit for the approval of the City a “Management Plan” which sets forth in detail the Developer’s property management duties, the tenant selection process in accordance with Section 6 hereof, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations of the Property and manner of enforcement, a standard lease form in accordance with Section 303 of the Affordable Housing Agreement, the identity of the manager of the Property (the “Property Manager”), and other matters relevant to the management of the Property. The Management Plan shall require the Developer to adhere to a fair lease and grievance procedure and provide a plan for tenant participation in management decisions. The management of the Property shall be in compliance with the Management Plan which is approved by the City.

If the City determines that the performance of the Property Manager is deficient based upon the standards set forth in the Management Plan and in this Agreement, the City shall provide notice to the Developer of such deficiencies, and the Developer shall use its best efforts to correct such deficiencies. In the event that such deficiencies have not been cured within the time set forth in Section 401 hereof, the City shall each have the right to require the Developer to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City, which is not related to or affiliated with the Developer, and which has not less than five (5) years experience in property management, including significant experience managing affordable multifamily residential development of the size, quality and scope of the Property.

13. Monitoring and Recordkeeping. Throughout the Affordability Period, the Developer shall comply with all applicable recordkeeping and monitoring requirements set forth in Health and Safety Code Section 33418 and shall annually complete and submit to City a Certification of Continuing Program Compliance in the form provided by the City. Representatives of the City shall be entitled to enter the Property, upon at least twenty-four (24) hours’ notice, to monitor compliance with this Agreement, to inspect the records of the Property, and to conduct an independent audit or inspection of such records. The Developer agrees to cooperate with the City in making the Property available for such inspection or audit. If for any reason the City is unable to obtain the Developer’s consent to such an inspection or audit, the Developer understands and agrees that the City may obtain at the Developer’s expense an administrative inspection warrant or other appropriate legal order to obtain access to and search the Property. The Developer agrees to maintain records in businesslike manner, and to maintain such records for the term of this Agreement.

14. Non-Discrimination Covenants. The Developer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, Agenda Item 15.
7 religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Developer itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. The Developer shall also comply with applicable equal opportunity and fair housing requirements. The covenants established in this Section 310 of the Affordable Housing Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City and its successors and assigns, and shall remain in effect in perpetuity.

15. Defaults and Remedies. Defaults of this Agreement and remedies therefor shall be governed by the provisions of Article 400 of the Affordable Housing Agreement.

16. Waiver of Terms and Conditions. Any party may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

17. Non-Liability of City Officials and Employees. No member, official, employee or agent of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

18. Time. Time is of the essence in this Agreement.

19. Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice:

Developer: 1707 Needles Hwy, LLC
1707 Needles Highway
Needles, CA 92363
Attention: Armen Ghadimian
City: City of Needles
817 3rd Street
Needles, CA 92363
Attention: City Manager
Such addresses may be changed by notice to the other party given in the same manner as provided above.

Agenda Item 15.
8 20. Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon the Developer, the City and the permitted successors and assigns of the Developer. Whenever the term “Developer” or “City” is used in this Agreement, such term shall include any other successors and assigns as herein provided.

21. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the City and its successors and assigns, and Developer and its successors and assigns, and no other person or persons shall have any right of action hereon.

22. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

23. Governing Law. This Agreement and the Loan Documents and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto.

24. Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by Developer and the City. City shall maintain authority of this Agreement and the authority to implement this Agreement through the City Manager (or his or her duly authorized representatives). The City Manager (or his or her duly authorized representatives) shall have the authority to make approvals, issue interpretations, execute documents, and/or enter into certain amendments of this Agreement, on behalf of City, including but not limited to reasonable requests of Developer, or the requirements of the PIP Program, so long as such actions do not materially or substantially change the uses or development permitted on the Property, or add to the costs incurred or to be incurred by City as specified herein, and such approvals, interpretations and/or amendments may include extensions of time to perform as specified in the Schedule of Performance. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council. [Signatures on the following page.]
Agenda Item 15.
9 SIGNATURE PAGE TO

REGULATORY AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Regulatory Agreement as of the date and year set forth above.

DEVELOPER:
1707 NEEDLES HWY, LLC, a California limited
liability company
By:

Name: Armen Ghadimian
Title: Managing Partner
CITY:

CITY OF NEEDLES, a California charter city
By:

Name: Patrick Martinez
Title: City Manager
ATTEST:

Candace Clark, Interim City Clerk
Approved as to Form
By: John O. Pinkney, City Attorney
Agenda Item 15.

EXHIBIT A

LEGAL DESCRIPTION
All that real property situated in the City of Needles, County of SAN BERNARDINO, State of California, described as:

Except therefrom that portion conveyed to William A. Fancher et ux, by Deed recorded August 18, 1971, in Book 7733, Page 924, Official Records.

Agenda Item 15.

ACKNOWLEDGMENT
State of California }ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary

OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document:

Date: Number of Pages:

Signer(s) Other than Named Above:

Signer is Representing:

Agenda Item 15.

ACKNOWLEDGMENT
State of California }ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary

OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document:

Date: Number of Pages:

Signer(s) Other than Named Above:

Signer is Representing:

Agenda Item 15.

EXHIBIT E

SCOPE OF WORK
1707 Needles Highway, LLC Rehabilitation Scope of Work
Project Description
1707 Needles Highway Needles, CA 92363 is formerly known as the River Valley Inn and is proposed to be rehabilitated/remodeled to construct twenty-nine (29) micro apartment units of approximately 300 square foot each.

All work shall be completed to comply with the current California Building Code and City of Needles Municipal Ordinances.

Each unit shall have a sleeping area, a kitchenette, a bathroom and a closet-storage area. The following is the proposed scope of work and proposed budget:
 Roof ($10,000): Inspect and repair existing asphalt shingle roof as needed.  Exterior Stucco ($20,000): Repair, stucco and stucco-paint coat the entire exterior of the buildings.
 Trim ($5,000): Repair, prep and paint all trim of exterior of buildings  Windows ($20,000): Replace all exterior windows on all buildings. New windows shall be minimum dual-pane and meet Title 24 requirements. Note that some windows on the building have been replaced and that completion of this line item shall be: “all units shall have minimum of dual-pane windows that meet Title 24 and operate as designed by their manufacturer, including a locking mechanism.
 Exterior Entry Doors ($25,000) : Replace all exterior entry doors to all units (including manager/office). Entry doors shall be either fiberglass or metal and meet Title 24 requirements
Entry doors shall have new hardware that includes both an entry handle and a dead-bolt type lock for occupant safety/security purposes.

Note that some entry doors have already been replaced prior to the execution of this grant and the City shall count this expense as a developer contribution.  Electrical ($100,000): All units shall be inspected to determine if any electrical work shall be completed. Each unit shall have fully operational exterior lighting (inclusive of new lighting fixtures), operational electrical outlets in the bathroom/sink area, kitchenette area and in living/sleeping area. Electric outlets shall include appropriate GFI/GFCI as required by the Building Code.
 Interior Drywall ($60,000): Repair/Replace interior drywall on all units as needed. This shall include drywall, tape, mud, texture and paint. All units shall receive new interior paint.

Agenda Item 15.

EXHIBIT E
 Flooring ($60,000): All units shall receive appropriate repairs to base flooring (likely repairs to concrete slab areas) and installation of new flooring which shall include vinyl plank flooring.
 Kitchenette Area ($120,000): Kitchenette area shall be an area separate from the bathroom and living spaces and will include a cabinet, sink, plumbing fixture (operating hot and cold water), hot water heater, refrigerator, cooktop with minimum of two (2) active burners, electric vent and counter space.
 Bathroom ($100,000): Bathroom shall have installed new fiberglass tub/shower combination (or shower only for units designated as handicapped), a new toilet, new sink and counter top area with plumbing fixture (operating hot and cold water). Bathroom area (to toilet/bath-shower area) shall have a new door and locking fixture to other portions of the unit.
 Closet/Storage Area ($30,000): Shall include a new shelf and pole system to allow for storage of clothing and personal items. Closet include a clothing storage system which may include, but not limited to an installed dresser.
 Climate Control ($90,000): Each unit shall receive a new individualized mini-split HVAC system providing heat and air conditioning.
 Parking Area ($20,000): Shall receive repairs, as appropriate, to the concrete parking area, re-strip to meet State and City Building Code Requirements, concrete bumpers to minimize potential for vehicles to damage buildings.
 Landscaping ($10,000): Property shall be landscaped in a manner appropriate for a desert environment and will include appropriate irrigation.
 Outdoor Area ($5,000): The former pool area (which was previously filled in and covered, and for which a permit was previously on file) shall include a gazebo or other acceptable type shade structure and table area to allow for outdoor enjoyment by residents.  Overall Electric (Included in Above Items): All building areas shall be inspected by a licensed electrician to determine if all electrical lines, outlets, panel boxes and breakers are working in an appropriate and safe manner.
 Overall Plumbing (Included in Above Items): All building areas shall be inspected by a licensed plumber to determine if all plumbing lines (supply and disposal/sewer) are working in an appropriate and safe manner.

Total Budget: $675,000
Funding from City of Needles PIP Loan Program: $275,000 Developer Funded Improvements: $400,000
Agenda Item 15.

EXHIBIT F

SCHEDULE OF PERFORMANCE
Proposed Performance Schedule:

Developer Submittal for Land-Use Change from Hotel/Motel to Micro-Apartments:

December, 2024
Planning Commission/City Council Consideration of Application: December, 2024 / January, 2025
Completion of Receivership Requirements: Pending Release from Receivership by 12/31/24 Drawdown of Reimbursement for Work:

All work to be completed by May 31, 2025 with loan proceeds being made available to developer upon completion of work and receipt of a Certificate of Occupancy.

APN # 0185048090000
1707 NEEDLES HWY, NEEDLES, CA 92363
(1 TO 11 & OFFICE UNITS) EXISTING 1-STORY BUILDING

NO EXISTING FIRE SPRIKLER SYSTEM
APN # 0185048090000
1707 NEEDLES HWY, NEEDLES, CA 92363
(12, 13 UNITS & STORAGE) EXISTING 1-STORY BUILDING

NO EXISTING FIRE SPRIKLER SYSTEM
APN # 0185048090000
1707 NEEDLES HWY, NEEDLES, CA 92363
(14 TO 29 UNITS & STORAGE) EXISTING 1-STORY BUILDING

NO EXISTING FIRE SPRIKLER SYSTEM
9' - 0" 120' - 0" 120' - 0"
75' - 0" PROPERTY LINE 75 FT
PROPERTY LINE 120 FT PROPERTY LINE 120 FT
0 ST
(E) ELEC. PANEL

GAS METER
(E) FIRE HYDRANT
(E) ELEC. POLE

EXISTING DRIVE WAY

EXISTING DRIVE WAY WATER METER GAS METER
SEWER EXISTING POOL DEMOLISHED PERMIT # 6927
(E) ELEC. POLE
(E) ELEC. POLE
(E) ELEC. PANEL
16 17
18 30
29 28
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ADA HANDICAP SIGN
9' - 0" 8' - 0" 8' - 0" 9' - 0"
3' - 2" 9' - 0" EXISTING

EXISTING

EXISTING
THESE PLANS COMPLY WITH THE MOST COST EFFECTIVE MINIMUM REQUIREMENTS NECESSARY TO OBTAIN A BUILDING PERMIT. PLANS DO NOT PROVIDE ANY SPECIFICATIONS OTHER THAN THOSE NECESSARY TO OBTAIN BUILDING PERMIT FROM THE LOCAL AUTHORITIES IN WHICH JURISDICTION IT WILL BE BUILT. OWNER/CONTRACTOR SHALL HIRE THEIR OWN CONSULTANTS FOR ANY ADDITIONAL SPECIFICATIONS, WHICH MAY BE ADDED OR ATTACHED TO PLANS, AT THEIR REQUEST, AND ARE NOT THE RESPONSIBILITY OF ARCHITECTURAL DESIGNER AND/OR CONSULTING OFFICE. 669 Ivy Street Glendale, CA 91204 [email protected]
818.268.6000

CONSULTANTS
-
-
-
A 1.0

EXISTING SITE
PLAN

EXISTING MOTEL CONVERSION TO MULTIPLE MICRO

RESIDENTIAL UNITS
1707 NEEDLES HWY
LLC

PROJECT STATUS
1707 Needles Hwy, Needles, CA 92363 NOV 2024
1 SCALE: 3/32" = 1'-0" EXISTING SITE PLAN N
Agenda Item 15.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: January 28, 2025
Title: City / County Conference 2025
Background: The annual City / County Conference is scheduled for Thursday May 8 and Friday May 9, 2025, at the Lake Arrowhead Resort.

The conference is a good opportunity to network with other cities and various county representatives.

Critical Timeline: This is a very popular event and is sold out quickly.

Fiscal Impact: Cost for the full conference is approximately $300 Hotel accommodation approximately $300 for one night
Travel expenses (mileage and per diem) approximately $400 General Fund travel per diem account 2024-2025 budget.

Recommended Action: Authorize those interested to attend the 2025 City / County Conference scheduled for May 8-9, 2025, in Lake Arrowhead
Submitted By: Candace Clark, Interim City Clerk
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
1/23/2025
1/23/2025
Agenda Item 16.

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City of Needles
817 Third Street, Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Ellen Campbell
Councilmember Tona Belt
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
Councilmember Zachery Longacre
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: January 10, 2025

1. On Tuesday, January 7, 2024, the Housing Authority of the City of Needles proudly hosted a special ribbon-cutting ceremony to launch the Veterans Housing Program, marking a significant milestone in addressing the housing needs of homeless veterans. Despite 40 mph winds, the community gathered at 1624 W Broadway, the site of the newly repurposed former Sage Motel, to celebrate this transformative initiative. The event brought together community members, city officials, city staff, representatives from the Chamber of Commerce, the Veterans of Foreign Wars (VFW) Post 404, Needles Unified School District, and staff from the offices of State Senator Padilla and Assemblymember Gonzalez.

Commendations were presented from Senator Padilla, Assemblymember Gonzalez, and Congressman Ruiz. While Congressman Ruiz's office was not present, his commendation was delivered by Senator Padilla's office, recognizing the City Council's dedication to supporting veterans and ensuring they have access to the resources and care they deserve.

The Veterans Housing Program combines HUD rental assistance with VA case management services, offering a comprehensive solution to support homeless veterans. Since May 2024, nine HUD-VASH vouchers have been issued, providing critical housing and support services. This initiative reflects the successful collaboration between the Housing Authority of the City of Needles and dedicated community partners. We extend our heartfelt gratitude to everyone who joined us in celebrating this important achievement. Together, we are striving to ensure our veterans receive the dignity, care, and stability they have earned through their service. Refer to the attached images.

2. The City of Needles stands in solidarity with those impacted by the devastating fires in Southern California. These tragic events have upended lives and entire communities, and our hearts go out to everyone affected. We also commend the tireless efforts of city staff, public officials, and volunteers providing mutual aid to assist those in need during this difficult time. The wildfires in Los Angeles, now designated as a federal disaster, highlight the importance of fire prevention and

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preparedness. The City of Needles is committed to learning from these events and implementing proactive measures to protect our community.

This week, the San Bernardino County Emergency Operations Center activated a January Red Flag Wind Event for our area. The City of Needles responded using the Needles Connect App to inform the community about the National Weather Service's Wind Advisory, with wind speeds reaching 50–60 mph. City staff advised residents to trim tree branches away from homes and power lines and secure outdoor objects such as furniture and trash cans. Thanks to the diligent efforts of city staff, no power outages occurred within the City of Needles. The power outage at Park Moabi was also resolved promptly, ensuring minimal disruption. In collaboration with the San Bernardino County Fire Department (SBCFD), city staff has initiated plans to enhance fire safety preparedness and provide the functionality of all hydrants. Fire prevention is a shared responsibility, and we urge residents to identify and address fire hazards on their properties.

JJ DeLeon, General Manager of the Rivers Edge Golf Course, led efforts to identify and remove dead overhanging trees, palm trees, and brush on the golf course to reduce fire risks. Residents are encouraged to follow suit by maintaining their properties and reporting fire hazards to the City of Needles Code Enforcement at 760-326-2115 (ext. 123) or through the Needles Connect App, available on the Google Play Store or the Apple Store. The City of Needles has also been working on its Local Hazard Mitigation Plan (LHMP), a five-year strategic initiative funded by FEMA. The LHMP aims to enhance preparation for natural and human-caused hazards, reduce risks, and make Needles eligible for FEMA grants and state disaster assistance. Community participation is critical to the plan's success. We invite residents and businesses to share input through surveys, public meetings, and feedback opportunities to help identify strategies to protect lives, property, and resources. Click here to complete a survey and learn more about the LHMP.

Together, we can build a safer and more resilient Needles.

Many community members have asked how they can support those affected by the Los Angeles wildfires. Donations can be made to the Emergency Network Los Angeles by clicking the provided link or to the American Red Cross Response and Disaster Relief. Visit the American Red Cross California Wildfires website for information on open shelters and to donate. Thank you for your continued efforts to keep Needles safe and support those in need during this challenging time.

Together, we can ensure a brighter and more prepared future for our community.

3. City staff met with an Assemblymember Gonzalez representative this week to discuss key community needs in Needles. The closure of the city's only grocery store in 2014 left residents without access to healthy and affordable food, earning the city a "Food Desert" designation in 2023. Efforts are ongoing to attract a grocery retailer, leveraging available programs to address this critical issue.

Housing shortages remain another pressing concern, with 600 new jobs created by the city's $50 million cannabis industry. However, 90% of employees live in

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Arizona or Nevada due to limited local housing options. Recognized through the Prohousing Designation program, Needles is conducting a housing study supported by the Gates Foundation and advocating for streamlined processes to reduce construction costs and encourage housing development.

Infrastructure improvements are also a priority, with the city investing $8.5 million since 2020 to treat 45% of its 45-mile road network through the 15-year Pavement Management Plan. Additional funding is being sought for projects like the River Road & River Street Rehabilitation to enhance access and safety.

Similarly, protecting the city's Colorado River water rights remains critical as agreements governing the river's operation expire in 2026. Efforts include applying for funding to modernize irrigation systems and reduce water consumption.

The Needles Aquatic Center Renovation is another top priority. While the city's recent funding request was not approved, efforts continue to secure the $5 million needed for upgrades to enhance the center's role as a cooling facility during extreme heat events, bolstering community resilience. Additionally, the city's Off-Highway Motor Vehicle (OHMV) Pilot Program, set to run through 2028, integrates OHMVs into the transportation framework, supporting tourism and local businesses. Continued legislative support will be crucial to extend the program's benefits.

Finally, Needles is pursuing a $60 million Vehicle Charging Hub to advance renewable energy and EV infrastructure. This initiative aligns with California's clean energy goals and enhances local services, attracts visitors, and stimulates economic growth. The city appreciates Assemblymember Gonzalez's support and looks forward to continued collaboration to address these vital community needs.

Notable Video Highlights: Celebrating This Year’s Achievements • Clean California Community Designation Program:

Governor Gavin Newsom recognized the City of Needles as part of this statewide initiative to create cleaner, safer, and more sustainable environments. As a proud participant, the city received $2.4 million to revitalize Bob Belts Beach Park. This project earned the 2024 American Public Works Association Southern California Chapter BEST Project of the Year award in the Recreation & Athletic Facilities category. • Weather Channel Feature:

Needles was showcased on the Weather Channel’s America’s Morning Headquarters, including a video highlighting Jack Smith Park's Marilyn Hohstadt Mathews Walking Trail, a community favorite.
• Behavioral Health Clubhouse Funding:

Congressman Raul Ruiz secured a $1 million appropriation for the Needles Behavioral Health Clubhouse, a vital resource that enhances community access to behavioral health services.
• Celebration of Needles' History:

The city’s unique history and historical charm continue to attract visitors and foster community pride.

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• 2024 State of the City Address:

A link to the 2024 State of the City Address by the Mayor is available, including both a recording and presentation slides, offering a comprehensive overview of the city’s accomplishments and vision for the future.

4. Save the date for the 3rd Annual Job and Resource Fair on March 19, 2025, at the El Garces Historic Train Depot, located at 950 Front Street, Needles, CA. The event, hosted by San Bernardino County Supervisor Dawn Rowe, will take place from 10:00 a.m. to 2:00 p.m. and promises to be an invaluable opportunity for residents, city staff, and public officials to connect with agencies and organizations providing essential services. This dynamic event will feature access to vital resources such as record issuance, document recording, property assessments, expungement assistance, and specialized support for veterans, including VA benefits and identification cards. Non-profits like IEHP and Tri-State Community Health Center will also be on-site to offer additional resources.

Employers and resource providers are encouraged to showcase their organizations, meet potential employees, and promote their services in a vibrant, engaging environment. For those interested in participating, registration is available online or refer to the attached flyer. Auxiliary aids and services are available upon request for individuals with disabilities; please call 1-800-735-2922 before the event to arrange assistance. Don’t miss this opportunity to engage with your community and take advantage of the valuable services and connections available at this event.

5. Tomorrow, January 11, 2024, the Needles Unified School District (NUSD) Associated Student Body (ASB) and Interact Club will come together to paint a new rendering on the expression wall at Duke Watkins Park. Come join them as part of this exciting event to support creativity and community spirit. This collaboration highlights the community’s dedication to fostering creativity and celebrating the vibrant additions to the park. The expression wall, a key feature of the $3,965,400 Duke Watkins Park Improvement Project, serves as a platform for artistic expression and community engagement. Designed to inspire creativity, this vibrant graffiti art wall has quickly become a symbol of artistic collaboration and community pride. This initiative not only fulfills a requirement of the park improvement project but also emphasizes the importance of nurturing the arts and bringing the community together to enhance this dynamic new feature of Duke Watkins Park.

6. The City Council has prioritized fostering economic growth and business development by enhancing public relations to position Needles as a businessfriendly community. This includes streamlining the permitting process to encourage investment and maintaining proactive communication with current applicants to ensure their projects progress smoothly at the City and County levels.

This week, City staff connected with the owners of West Side Chevron to provide updates on their permitting process, and we are thrilled to announce the opening of Krispy Krunchy Chicken, which is anticipated for mid-February. This new business will expand dining options and contribute to the local economy.

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Additionally, we are excited to highlight the success of recently opened businesses, such as Needles Smash Burger, located at 2205 Needles Highway. Now under new management, Needles Smash Burger offers a full menu of specialty burgers, salads, and fries, with online orders available or by phone at 760-983-7865. These developments exemplify the City’s commitment to supporting local entrepreneurs and creating a vibrant business ecosystem in Needles. We remain dedicated to working closely with current and prospective businesses to ensure our community remains a welcoming and thriving hub for growth and opportunity.

7. The City Council remains dedicated to enhancing Needles’ visual appeal and quality of life through targeted beautification and clean-up projects. This week, the Public Works team-initiated efforts to refresh red curb markings along Needles Highway, starting near Carl’s Jr. and moving toward R Street. This systematic approach ensures that each section is completed thoroughly before transitioning to the next, ultimately covering key thoroughfares and eventually reaching the East Side of the city. These efforts are part of the City’s broader commitment to maintaining public spaces and infrastructure, reflecting our shared goals of stewardship, accountability, and community pride. Residents are encouraged to play an active role in these initiatives by notifying staff by using the Needles Connect App, available on the Google Play Store and Apple Store or by calling City Hall at 760-326-2115. These ongoing projects highlight the dedication of City staff to creating a clean, welcoming environment for all.

Attached are images capturing the team’s progress, showcasing their hard work and commitment to keeping Needles beautiful. Together, we can ensure a brighter and more inviting community for residents and visitors alike.

8. Rivers Edge Golf Course continues to exceed expectations, with an impressive 8,445 rounds of golf played through December, marking a remarkable performance halfway through the season. The course remains a hub for community engagement, and we’re thrilled to host the Needles Women’s Club Fundraiser on January 20, 2025. This event promises to bring the community together for a meaningful cause. Don’t miss your chance to participate—book your spot today by calling 760-326-3931 or visiting our website. JJ DeLeon is ready to assist those looking to host their tournaments. He can be reached at 760-326-3931 for inquiries and arrangements. We are proud of Rivers Edge's continued success and are committed to ensuring it remains a valued asset for our community. In addition to these achievements, the $8.9 million Well #11 Water Treatment Project has introduced an essential enhancement to the course. Protective fencing was recently installed along Hole #5, adjacent to the water treatment facility. Completed by Cal-Zone, this addition significantly improves the safety and security of the project while preserving the quality of the golf course experience. We invite you to take a closer look at the new fencing through the attached images, highlighting our commitment to maintaining a safe and enjoyable environment at Rivers Edge.

9. On January 14, 2024, the Needles Women’s Club will host a Barbecue Lunch Fundraiser to benefit women’s empowerment, youth programs, scholarships, and civic initiatives. For just $10, enjoy a delicious meal featuring a pork sandwich, coleslaw, chips, and cookies! Order your lunch today by clicking this link. Meals can

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be picked up at the Needles Women’s Club, located at 305 W. Broadway Street, or delivered for orders of three or more. Don’t miss the chance to support your local Women’s Club! Place your order by 5:30 p.m. on January 13, 2025.

10.The Needles Pride Program is a community-driven initiative that enhances neighborhoods by fostering pride, improving property upkeep, and ensuring compliance with city codes. This program emphasizes well-maintained landscapes, eliminating visible outside storage, parking properly, removing inoperative or abandoned vehicles from public view, and appropriately placing trash containers.

Residents can schedule up to three free bulky item pick-ups annually by calling 1-800-364-3754 to support these efforts. Additionally, we encourage residents to join these efforts by reporting public nuisances to the City of Needles Code Enforcement at 760-326-2115 (ext. 123) or through the Needles Connect app, available on the Google Play Store for Android or the Apple Store for iOS devices.

Your input is invaluable in helping us maintain and enhance the community.

Through a combination of community engagement, organized clean-ups, and collaboration with the Code Enforcement team, the program aims to create a cleaner, safer, and more vibrant city. Please refer to the attached updated flyer showcasing the program’s details to guide residents in participating in this impactful initiative.

7. IMPORTANT UPCOMING DATES:
• January 18—Community Clean-Up: Join Councilmember Longacre for the second community clean-up effort, which will remove illegal dumping and litter from Third Street near the former Center for Change at 300 H Street, Needles, CA 92363. The event begins at 10:00 AM.
• January 25—Community Clean-Up: From 8:00 AM to noon, trash and bulky items can be disposed of for free at various city locations: Gates (Safari Drive), North K (near the 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.
• February 15—Route 66 Information Fair: The 2025 Route 66 Information Fair, hosted by the Friends of El Garces, will feature Route 66 vendors, tours, and presenters. More information will follow.
• April 21-27—Route 66 Bike Week: Experience the adventure of a lifetime by riding the historic stretch of Route 66 from Needles to Seligman. This weeklong event celebrates the freedom of the open road and the vibrant culture of Route

66. For more information, visit their website.
• May 15, 2024—Run for the Wall (RFTW): This annual event honoring Vietnam Veterans will welcome over 300 motorcyclists as they journey across the country. This meaningful tribute will take place at the historic El Garces, with the riders expected to arrive at noon.

1. VETERANS HOUSING RIBBON CUTTING
March 19, 2025
El Garces Historic Train Depot
950 Front Street
Needles, CA 92363

EMPLOYERS &

RESOURCES PROVIDERS
This WIOA Title-I financially assisted program and EDD, is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Requests for services, aids, and/or alternate formats need to be made prior to the event by calling 1-800-735-2922. TTY users, please call the California Relay Service 711. For federal funding disclosure information, visit Workforce.SBCounty.gov/about/ffd.

Workforce.SBCounty.gov
Job and
Resource
Fair
REGISTER HERE:
10 a.m. - 2 p.m.

Join us for our upcoming Job Fair
and take advantage of this
excellent opportunity to connect
with a diverse pool of talent.

Showcase your organization,
meet prospective employees, and
promote your resources to job
seekers in a dynamic and
engaging environment.

HDHE0319.eventbrite.com
SAVE THE DATE!

LOCATION

7. PUBLIC WORKS RED CURBS

8. GOLF COURSE FENCE

NEEDLES PRIDE
Needles residents care about their community and so should you! The Needles Pride initiative is a neighborhood focus program aimed at improving the community by working in partnership with property owners, area residents, and local businesses to clean up neighborhoods and maintain compliance with City Codes.

Please take the time to evaluate your property and correct any violations you may have.

How to ParticiP-ate in the Ci1Y.-Wide Clean-UPBEAUTIFICATION Maintain Landscaping
Maintain landscape in healthy condition by
proper irrigating, trimming, edging, and
removing weeds, and dead plants
Clear Storage
Outside storage including but not limited to
furniture, household items, yard equipment,
building material, vehicle parts, and
appliacnces must be kept out of public eye.

Park in Designated Areas
Vehicles are required to be parked on
existing driveways or approved surfaces.

Parking is not allowed on dirt, vacant lots,
front yards, or decorative landscapes.

CODE VIOLATIONS
Inoperative Vehicles
Vehicles that are unlicensed,
wrecked, damaged, or in disrepair
may not be stored in public view.

Trash Containers
Trash containers shall not be
stored in front yards or on
sidewalks except when placed in
areas of collection at the time
permitted.

Bulky Items
Keep sidewalks clear of discarded
households items such as furniture,
appliances, electronics, and more.

You may schedule up to three (3)
bulky item pick ups per year by
calling Republic Services at 928-
758-9135.

If you have questions about the Needles Pride initiative contact Code Enforcement Officer Bernie Hatz at (760) 326-5700, ext. 129. You can also conveniently reach out through the Needles Connect app, available for free on
Android and Apple devices. Let's work together to make Needles shine! I

10. NEEDLES PRIDE

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City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Ellen Campbell
Councilmember Tona Belt
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
Councilmember Zachery Longacre
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: January 17, 2025

1. At the January 14, 2025, meeting, the City Council adopted Resolution No. 2025- 8, advocating for enhanced investments, equitable services, and workforce development programs by Palo Verde Community College (PVCC) for the Needles campus. The resolution highlights critical challenges, including the lack of in-person counseling services, frequent course cancellations, insufficient funding, and the absence of a clear vision for the campus. Despite the Needles community's $18 million investment through General Obligation Bonds, these disparities persist.

To further advocate for these changes, Mayor Jernigan will present the resolution on behalf of the City Council to the Palo Verde School Board at their next meeting on Tuesday, January 21, 2025. For those wishing to livestream and attend remotely, the meeting will be accessible via the Palo Verde Needles Center located at 725 W. Broadway, Needles, CA 92363, beginning at 5:00 p.m. This initiative directly aligns with the City Council’s goal to foster economic growth and business development by addressing workforce needs and ensuring equitable access to education. Additionally, it supports the council’s vision of creating a connected and engaged community that prioritizes growth and sustainability. For more information, please contact the City Manager's Office at 760-326-2113.

Refer to the attached City Council Resolution and Palo Verde Board Meeting agenda for further details.

2. Join Councilmember Zachery Longacre and Mayor Jernigan on Saturday, January 18, 2025, for a community clean-up event focused on tackling illegal dumping and litter along Third Street near the former Center for Change (300 H Street, Needles, CA 92363). The event kicks off at 10:00 a.m., and all volunteers will be provided with bags, gloves, and pickers. This is your opportunity to roll up your sleeves, take action, and make a visible impact on our city.

Looking ahead to next weekend, mark your calendar for the January 25 Community Clean-Up Event! From 8:00 a.m. to noon, trash and bulky items can be disposed of for free at various city locations: Gates (Safari Drive), North K (near the underpass and BNSF Road), Vista (Nikki Bunch Ball Field), and

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Cibola (Robuffa near Public Works Yard). Note: Hazardous waste and specific materials are not accepted. Refer to the attached flyer for more information.

Keeping our community clean is a citywide effort. The Needles Pride Program is a community-driven initiative dedicated to enhancing our neighborhoods by fostering pride, improving property upkeep, and ensuring compliance with city codes. The City of Needles would like to thank The BNSF Railroad for their recent efforts in cleaning up their yard adjacent to the Train Park. Community collaboration like this plays a key role in maintaining a clean and welcoming environment, and we deeply appreciate their contributions.

Fire prevention is also a shared responsibility. We encourage all residents to identify and address fire hazards on their properties. A special thank you goes to the property owner on K Street for proactively starting the process of trimming a tree that posed a significant risk. The tree, standing at least three times taller than the nearest electrical pole, could have caused fire hazards or collapsed onto neighboring homes. Let’s come together as a community to keep Needles clean, safe, and inviting. Spread the word, bring your team, and join us tomorrow to make a difference!

3. I am excited to share that Needles has been featured in a national article on Islands.com titled "Needles, California: An Arizona Border City Offering Waterfront Fun and Low-Cost Living." The article highlights our community's unique charm, affordable living, and recreational opportunities along the Colorado River. This recognition aligns with the City Council's goals of promoting economic growth and enhancing our city's identity. This feature is an excellent opportunity to showcase Needles' appeal and attract visitors and potential residents. I encourage the Council to review and share this positive spotlight on our city.

4. The Needles Animal Shelter is home to many loving pets eager to become part of a caring family. Through our adoption program, we are committed to enhancing the lives of animals in our community and helping them find their homes forever.

If you're considering adding a furry friend to your family, the adoption fee is just $59. Our team is ready to guide you through the process and help you meet the perfect pet. Contact us today at 760-326-4952 to learn more about our adoption process or to schedule a visit. We’re available Monday through Friday from 8:00 AM to 2:00 PM. Take a look at the attached flyer featuring Mollie (a Terrier mix) and Mikey (a Pitbull) along with other adorable pets waiting to meet you. These delightful companions are ready to bring joy and love into your life. Let’s work together to give these wonderful animals the loving homes they deserve!

5. In January 2023, the Needles Courthouse was re-established as part of the San Bernardino Superior Court System, reducing the need for residents to travel to Barstow for traffic and family law cases. Justice has been brought back to Needles, ensuring greater convenience and access for our community. I am pleased to share that starting January 21, 2025, the courthouse will further expand its services to include guardianship and limited probate matters, such as guardianship of estates, petitions for small property succession, and spousal property petitions. This expansion reflects the court’s dedication to meeting the

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needs of our community and providing equitable access to legal resources. For more information about these expanded services, refer to the attached news release or visit the Needles Courthouse website by clicking on this link.

6. The City of Needles is excited to announce that the River Front Cafe is under new ownership! While the menu remains the same for now, an updated menu is expected in the coming months. The cafe will continue to operate Thursday through Sunday from 11:30 a.m. to 8:00 p.m., offering delicious pizza and stunning views of the Colorado River. This development aligns with the City Council’s goal to foster economic growth and business development by supporting local businesses that enhance Needles’ unique identity and appeal. The cafe’s riverside location also endorses the council’s vision of better utilizing community spaces and promoting tourism by highlighting Needles as a familyfriendly destination and a welcoming gateway to California. We encourage residents and visitors alike to support the River Front Cafe and enjoy the vibrant charm of Needles.

7. The City of Needles is pleased to announce two key hires. Bernie Hatz II has been promoted to Senior Code Enforcement Officer after serving as a Code Enforcement Officer for nearly 6.5 years. During his tenure, Bernie has demonstrated exceptional dedication and professionalism, successfully managing the department’s daily operations and contributing significantly to maintaining city standards. Additionally, Joy Bennett has transitioned into a full-time Account Clerk role after working part-time in the Finance Department for the past two years.

Joy’s expertise and commitment have been instrumental in supporting the department’s functions, and we are excited to have her continue contributing in a full-time capacity. Both Bernie and Joy bring valuable experience and skills to their respective positions, and we look forward to their continued positive impact on the City of Needles.

8. City staff is pleased to welcome Scott Dressler as the newest member of the Cemetery Advisory Commission. This important board serves as a recommending body to the City Council on various matters related to the Needles Cemetery, including the Needles River View Cemetery and the Needles Pioneer Cemetery, which date back to the 19th century. The commission advises on the annual budget, capital improvements, and the procurement of equipment, materials, and supplies. The commission meets quarterly on the third Thursday of January, April, July, and October at 4:00 p.m. at El Garces. We are excited to have Scott join the team and look forward to his contributions. Welcome aboard, Scott!

9. This past weekend, the Needles Unified School District (NUSD) ASB and Interact Club revitalized Duke Watkins Park, painting the bathrooms white with Mustang Blue trim and adding a beautiful mural of the Needles Mountains to the expression wall. The mural, part of a collaborative effort, highlights the artistic talents of those involved and enhances the $3,965,400 Duke Watkins Park Improvement Project. This final addition celebrates creativity, community pride, and teamwork, marking the completion of the park’s transformation into a vibrant and welcoming space. Thank you to everyone who contributed to this effort.

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Your hard work and dedication have brought new life to the park! Check out the attached image for a glimpse of the incredible artistic result.

10.The San Bernardino County Fire Protection District (SBCFPD) remains committed to ensuring safe and efficient hazardous waste management for the residents of Needles, safeguarding both public health and the environment. To support this effort, the SBCFPD is hosting a Household Hazardous Waste Collection Event on Saturday, March 1, 2025, from 7:00 a.m. to 11:00 a.m. at the Needles City Public Works Yard (112 Robuffa Street, Needles, CA 92363).

Residents are encouraged to participate and responsibly dispose of hazardous waste, including used motor oil, batteries, paint products, and household cleaners.

Please note that business-generated waste, explosives, and tires will not be accepted. For details on acceptable and prohibited items, as well as guidelines for safe transportation, please refer to the attached flyer or contact the Household Hazardous Waste Program at 909-382-5401 or 1-800-OILY-CAT. Let’s work together to protect our community and environment!

11. IMPORTANT UPCOMING DATES:
• February 8 – The Women’s Club Golf Tournament has been rescheduled from November 16, 2024, to February. Registration is open!(registration open). • March 15, 2025 – Lucky Greens Annual Golf Tournament: Mark your calendars for this much-anticipated event at River Edge! Gather your friends, colleagues, or fellow Chamber members to form a team of four and enjoy a day of friendly competition, networking, and fun on the course – all while supporting the local community. Whether you’re a seasoned golfer or just out for a good time, everyone is welcome to join in!
• March 19—3rd Annual Job and Resource Fair: Hosted by San Bernardino County Supervisor Dawn Rowe, this event will take place at the El Garces Historic Train Depot (950 Front Street, Needles, CA) from 10:00 a.m. to 2:00 p.m. It’s a valuable opportunity for residents, city staff, and public officials to connect with agencies and organizations offering essential services. • April 21-27—Route 66 Bike Week: Experience the adventure of a lifetime by riding the historic stretch of Route 66 from Needles to Seligman. This weeklong event celebrates the freedom of the open road and the vibrant culture of Route

66. • May 15, 2024—Run for the Wall (RFTW): This annual event honoring Vietnam Veterans will welcome over 300 motorcyclists as they journey across the country. This meaningful tribute will take place at the historic El Garces, with the riders expected to arrive at noon.

RESOLUTION NO. 2025-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES SUPPORTING

ENHANCED INVESTMENTS, EQUITABLE SERVICES, AND WORKFORCE DEVELOPMENT

PROGRAMS BY PALO VERDE COMMUNITY COLLEGE IN THE NEEDLES COMMUNITY WHEREAS, Palo Verde Community College (PVCC) is a critical partner in providing education, workforce development, and economic opportunities for the Needles community; and WHEREAS, the Needles campus faces significant challenges, including:

1. Lack of In-Person Counseling Services for Students.

2. Course Cancellations: Classes have been withdrawn before school begins, resulting in students losing FAFSA eligibility and disrupting education.

3. Lack of Dedicated Budget and Data: Needles does not receive equitable funding.

4. There are no clear goals or vision for the campus.

WHEREAS, substantial grant funds, including Adult Education and Career Technical Education (GTE) funds, totaling $1.5 million have been allocated to programs like HVAC, vehicle maintenance, and the computer information systems programs but these resources have not adequately benefited Needles; and
WHEREAS, Needles property owners have contributed significantly to PVCC through two General Obligation (GO) Bond Measures:

1. The 2004 bond in the amount of $6 million.

2. The 2014 bond in the amount of $12 million.

These bonds are repaid through property taxes levied on parcels, with property owners contributing based on assessed parcel values, demonstrating the community's ongoing financial support for the college; and
WHEREAS, Needles is positioned for growth with access to a larger student base, unlike Blythe, Needles is positioned to serve as a hub for workforce training programs such as:
• Nursing, Plumbing, Electrical Trades, Home Building, Lineman Training, and Water Treatment;
WHEREAS, PVCC's potential declining enrollment due to the loss of incarcerated student programs and fire training programs jeopardizes the college's financial stability, with reserves projected to be depleted within three years; and
WHEREAS, PVCC must prioritize efforts to diversify its student population and concentrate on expanding educational opportunities in underserved communities such as Needles, which present significant potential for enrollment growth and community impact; and WHEREAS, the City of Needles advocates for equitable investment to bolster CTE programs and establish Needles as a driver of enrollment growth, workforce development, and economic opportunity for the region; and
WHEREAS, the community has identified the urgent need for a Child Care Facility to serve 40 children, create jobs, and remove barriers to education and workforce participation;

1. PALO VERDE COLLEGE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEEDLES AS FOLLOWS:

1. Equitable Services and Programs: PVCC is urged to provide in-person counseling, guaranteed classes, and equitable investment in Needles to ensure services are on par with those offered in Blythe.

2. Workforce Development: PVCC must prioritize the expansion of CTE programs in highdemand fields such as nursing, plumbing, electrical trades, and water treatment to meet the workforce needs of the community.

3. Grant Fund Accountability and Implementation: Funds allocated to Needles, including Adult Education and CTE, and federal grants must be fully implemented to benefit local residents.

4. Child Care Facility: PVCC is encouraged to collaborate with community partners to establish a Child Care Facility, addressing a critical barrier to student participation and supporting workforce readiness.

5. Recognition of Financial Support: The City acknowledges the significant financial contributions made by Needles property owners through the 2004 ($6 million) and 2014 ($12 million) GO bond measures and urges PVCC to invest these resources equitably to support Needles' growth and development.

6. Diversifying the Student Population: PVCC must focus on diversifying its student base and increasing access for underserved communities like Needles, which offer unique opportunities for enrollment growth and program expansion.

7. Vision for Growth and Collaboration: PVCC must work with the City of Needles to develop clear goals, collect data, and invest in the future of Needles, recognizing its growth potential and role in stabilizing the college's enrollment.

8. Collaborative Success: This is not a competition between campuses but a shared effort to ensure PVCC's long-term success by improving services, enrollment, and opportunities for all communities.

PASSED AND ADOPTED at a regular meeting of the City Council on January 14, 2025, by the following roll call vote:

AYES: Council Members Longacre, Mccorkle, Campbell, Pogue, Belt, and Longbrake NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:

APPROVE�MayorJefJerall
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Candace Clark, Interim City Clerk
Tuesday, January 21, 2025
Regular Board Meeting

PALO VERDE COMMUNITY COLLEGE DISTRICT

BOARD OF TRUSTEES
Closed Session 4:00 p.m.

Open Session 5:00 p.m.

One College Drive, Blythe, CA, CL 101
(Livestream held at the PVC Needles Center, 725 W. Broadway, Needles, CA) Palo Verde Community College District, in compliance with the Americans with Disabilities Act (ADA), requests individuals who may need special accommodation to access, attend, and/or participate in Board meetings to contact Carrie Mullion at (760)921-5440 at least forty-eight hours in advance of the meeting for information on such accommodation.

Persons wishing to address the Governing Board under Hearing of Citizens need to complete a Speaker Request Form (available at the reception table).

In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting, may be viewed at Palo Verde Community College District, Office of the Superintendent/President, One College Drive, Blythe, CA 92225; at the College website www.paloverde.edu; or at the scheduled meeting.

1. Opening of Meeting

1.1 Call to Order

1.2 Roll Call

1.3 Approval of Closed Session Agenda

2. Recess to Closed Session - Members of the public will be given an opportunity to speak on any Closed Session items at this time. Persons wishing to address the Governing Board under this item should fill out a Speaker Request Form available at the reception table.

2.1 Conference with Labor Negotiator; Pursuant to Gov. Code 54957.6 - CSEA Chapter 180, and Palo Verde Community College Association/CTA

2.2 Public Employee Discipline/Dismissal/Release Pursuant to Government Code 54957

2.3 Public Employee Performance Evaluation; Pursuant to Gov. Code 54957(b)

3. Reconvene to Open Session

3.1 Flag Salute

3.2 Report on Any Action Taken in Closed Session

3.3 Approval of Open Session Agenda

3.4 Approval of December 10, 2024, Study Session/Special Meeting Minutes

3.5 Approval of December 17, 2024, Regular Meeting Minutes

3.6 Announcement of Recusal From Agenda Items

4. Hearing of Citizens Agenda Items

4.1 Members of the public have this opportunity to directly address the Board on agenda items. Each speaker will be allowed a maximum of five (5) minutes per topic. Fifteen (15) minutes shall be the maximum time allotment for public speakers on any one subject regardless of the number of speakers at any one board meeting.

5. Public Hearing - Opportunity for Members of the Public to Comment on PVCCD's Initial Proposal to Palo Verde College Faculty Association/CTA for Successor Negotiations

5.1 Members of the Public May Comment on PVCCD's Initial Proposal to Palo Verde College Faculty Association/CTA for Successor Negotiations

6. Reports

6.1 CCA/CTA - Richard Castillo, President of CCA/CTA

6.2 Academic Senate - Sarah Frid, President of Academic Senate

6.3 CSEA, Chapter 180 - Richard Soto, President of CSEA Chapter 180

6.4 Associated Student Government - Nya Jones, Student Trustee

6.5 Assistant Superintendent/Vice President of Instruction and Student Services - Clint Cowden

6.6 Assistant Superintendent/Vice President of Administrative Services and College Advancement - Stephanie Slagan

6.7 Superintendent/President - Dr. Bruce Moses

6.8 Board of Trustees

7. Presentation

7.1 Palo Verde CCD Audit Report FY 2024

7.2 Acceptance of Audit Report Ending June 30, 2024

8. Discussion

8.1 Second Read of Reviewed/Revised Board Policy

8.2 Recognition of Mr. Don Kuykendall and Former Assemblymember Eduardo Garcia with regard to the New Child Development Center Building

8.3 Date of Ribbon Cutting Ceremony for the New Child Development Center Building

9. Information Items

9.1 Report of Purchases and Warrants - December 2024

9.2 Board of Trustees Professional Development Opportunities

9.3 IRS Business Mileage and GSA Per Diem Rates for 2025

10. Consent Items (Blanket Motion: All Consent Items will be voted on in one motion with 15 minutes allocated for questions by Board members. After the question period, any Board member may request that any item(s) be moved to the Action Agenda.

10.1 Part-Time Temporary Student Workers for Spring 2025 Semester

10.2 Approval of New and Revised Courses and Programs

10.3 Personnel Actions- January 2025

10.4 Approval of Consent Items for January 2025

11. Action Items - Instruction

11.1 Consultant Service Agreement with Abha Gupta for Assistance with MIS Reporting

12. Action Items - Business

12.1 Modification #2 to IEEEP Grant Agreement with Riverside County Superintendent of Schools

12.2 Request for Change Order (RCO) #25 and #26 from Precise Builders Inc. for the New Child Development Center Building

12.3 Service Agreement with NetFile

13. Action Items - Personnel

13.1 Instructor Recommended Equivalency (S. Loureiro)

14. Action Items - Miscellaneous

14.1 Approval of Reviewed/Revised Board Policy

14.2 Trustee Excused Absence from Board Meeting (Ramirez)

15. Hearing of Citizens Non-Agenda Items

15.1 Members of the public have this opportunity to directly address the Governing Board on items of interest to the public, subject to five (5) minute time limitation per individual.

16. Possible Future Agenda Items

16.1 Possible Future Agenda Items

17. Adjourn

17.1 Adjourn

2. FIRE ABATEMENT

2. BSNF CLEANUP
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

2. COMMUNITY CLEANUP

4. NEEDLES ANIMAL SHELTER

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
247 West Third Street, 11th Floor San Bernardino, Ca 92415-0302 www.sb-court.org
Lisa M. Rogan Anabel Z. Romero
Presiding Judge Court Executive Officer

NEWS RELEASE
R E L E A S E D A T E : J A N U A R Y 7 , 2 0 2 5

THE NEEDLES DISTRICT WILL HEAR GUARDIANSHIP

AND LIMITED PROBATE MATTERS STARTING ON
JANUARY 21, 2025
SAN BERNARDINO, CA— As a part of the San Bernardino Superior Court’s continued expansion of services, guardianship and probate matters will now be heard at the Needles District.

Beginning January 21, 2025, Guardianship of Estate, Guardianship of Person & Estate, Guardianship of Person Only, Affidavit Re Real Property of Small Value, Petition to Determine Succession to Real Property, Spousal or Domestic Partner Property Petition, and Petitions to Determine Fact of Death or Marriage cases properly within the jurisdictional limits will be filed and heard at the Needles District.

Starting January 21, 2025, Attorneys and parties are encouraged to check the Court’s website at Where Can I File? | Superior Court of California (sb-court.org) to confirm which matters should be filed at the Needles District. We encourage parties and attorneys to use the Court’s electronic filing system for all matters approved for electronic filing (Probate eFiling | Superior Court of California (sb-court.org).

The expansion of probate services to the Needles District further anchors our Court to our Strategic Plan, Court 360, and the effective delivery of court services to the community we serve. “Expanding probate services to Needles ensures greater access to justice for the residents of San Bernardino County,” said Presiding Judge Lisa M. Rogan. “This expansion reflects the Court’s dedication to meeting the needs of the community,” said Court Executive Officer Anabel Z.

Romero.

For media inquiries, contact Communications and Public Information Office, via courts-pio@sbcourt.org.

5. NEEDLES COURTHOUSE

9. NUSD ASB & INTERACT CLUB

9. NUSD ASB & INTERACT CLUB
Cosponsored by San Bernardino County Board of Supervisors, City of Needles, and San Bernardino County Fire Protection District Take the last step! Recycle your
USED MOTOR OIL and OIL FILTERS! • Dumping used oil (or any chemical) is a crime – legally and environmentally
• Dumped oil contaminates ground water – our drinking
water source
• Used oil is insoluble and can contain toxic chemicals • Used oil kills plant and aquatic life
• One pint of used oil can create an acre-sized oil slick on surface waters
Remember when recycling oil to...
• Drain your oil from cars, trucks, motorcycles, boats, recreational vehicles, lawnmowers, etc., into a reusable, sealable container.
• Do not dump oil on the ground, in the gutter or storm drain, or throw in the trash • Do not mix anything with the oil (water, paint, pesticides, diesel, antifreeze or gasoline) Before transporting, be sure that...
• Waste is properly labeled or in its original container • The container is no larger than 5 gallons. Transport no more than 15 gallons or 125 lbs. • Containers are sound and not leaking
• Sharps/needles must be in approved biohazard container. Sharps will not be accepted in plastic bags, coffee cans, milk jugs, or soda cans
• Waste is securely placed in the back of the vehicle for safe transport The following guidelines apply:
• Household Hazardous Waste ONLY. No Business-Generated Waste Accepted • San Bernardino County Residents ONLY. Identification will be required • No Early Birds (waste brought before 7:00a.m. will not be accepted) • Waste must be accepted by County Fire Protection District personnel. • Remain in vehicle at all times
For questions or more information, contact:

San Bernardino County Fire Protection District,
Household Hazardous Waste Program
909.382.5401 or

1.800.OILY.CAT (1.800.645.9228)
Visit Sbcfire.org/hhw
Needles Residents:

HOUSEHOLD HAZARDOUS WASTE COLLECTION
March 01, 2025 | 7a.m. to 11a.m.

Needles City Yard, 112 Robuffa Street, Needles, CA 92363 We Accept...
• Antifreeze
• Auto & Household Batteries
• Computer Monitors, TVs
• CPUs, Printers
• Fluorescent Tubes
• Home-Generated Sharps/Needles in
approved container
• Household Cleaners
• Medications – separate liquids from
solids (excluding controlled substances)
• Microwave Ovens
• Motor Oil/Used Filters
• Musical Cards, Clothes Irons
• Paint Products
• Pesticides & Fertilizers
• Space Heaters, Stereos, Radios
• Telephones
• VCRs/DVD Players
We Do NOT Accept...
• Asbestos
• Business/Commercial Wastes
• Explosives
• Medical Wastes other than sharps
• Radioactive Wastes
• Reactives
• Tire, Appliances, Furniture,
Air Conditioner, etc.
• Wastes from foreclosed properties
& non-profit organizations

10. HHWC SBCFPD

Needles City CouncilJanuary 28, 2025

Needles City Council
January 28, 2025