Needles City Council
October 28, 2025

Estimate
Date
10/6/2025
Estimate #
20652
Name / Address
City of Needles
817 Third Street
Needles, CA 92363
Ship To
City of Needles
817 Third Street
Needles, CA 92363
USA
P.O. No. Terms
Net 30
Rep
BB(I)
FOB
Factory, FFA
Ship Via
Will Call
Signature:

Total
Subtotal
Sales Tax (0.0%)
Date: ___________________________________
Reliable Pump, Inc.

P.O. Box 31115
Las Vegas, NV 89173
Ph: 702-243-5116 Fax: 702-240-9319
Upon approval, sign at bottom and fax to 702-240-9319.

Estimate expires within 30 days from date shown above. Any alteration or deviation from above specifications, involving extra costs will be executed and become an extra charge over and above the Estimate.

Notice: Due to a global spike in demand, combined with material and labor shortages, we are experiencing shipping delays with some of our manufactures. Any quoted lead times cannot be guaranteed.

Item Description Qty Price Total
3315AC3 SKF Ball bearing, lower double row 1 591.94 591.94 03718-300-1 SEAL-SHAFT 3.0 TYPE2100 B/CA/SC 1 910.00 910.00 27996A000 SEAL-SHAFT Silcar/Carbon Nitrile 1 1,189.50 1,189.50 10901-001-1 PROBE-SEAL FAILURE TERMINAL-HERMETIC 2.1 2 84.50 169.00 01945-001-3 Washer, Impeller Retainer 1 234.00 234.00
03879-002-1 Screw, Cap (Socket Head), 3/4-16 1 149.50 149.50 25458D000 WEAR RING, S12L(X)P 1 1,287.00 1,287.00
25456E551 IMP DIA 14.13" 1 7,143.50 7,143.50
Powder Coat Impeller. In most cases this more than
double the life of the impeller. The powder we use is
Abrasion, Corrosion & Chemical resistant.

Powder Coat 1 289.00 289.00
Parts & Materials O-Rings, as required 1 15.00 15.00
Misc. Shop Supplies: Oil (11 Gallons), oil disposal, paint, hardware, connectors, etc.

Supplies Income 1 275.00 275.00
Motor insulation test, performed with Crown Model 2109
insulation tester, S/N 020724, 115V 60Hz 6A. Cal.
2-21-25
Insulation Test 1 0.00 0.00
Estimated lead time is 4 weeks upon receipt of approval.

No installation is included on this estimate.

_____________________________________
$18,081.96
$18,081.96
$0.00
Agenda Item 5.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: October 28, 2025
Title: Ratify the Utility Manager's purchase of Greenhouse Gas Emissions Instruments for the calendar year 2024 compliance period from Amerex for a total cost of $80,851.50
Background: The California Air Resources Board regulation for Greenhouse Gas Emissions requires annual compliance obligations.

The annual compliance obligations for a covered entity equals to 30% of the emissions, with a compliance obligation reported from the previous data year that received a positive or qualified positive emissions data verification statement. The deadline for the required compliance instruments to be submitted into the City’s CITSS compliance account no later than November 3, 2025.

For 2024, the City of Needles has verified emissions 8,944 instruments, of which the City has 6,082 free instruments entered into the compliance accounting; the remaining balance of 2,862 instruments was needed to meet compliance.

The city went into the open market and purchased the instruments at $28.00 for vintage year 2024 or earlier instruments to meet compliance. The remaining 70% of emissions are not due until the tri-annual compliance period in 2027. Failure to meet the compliance deadline will result in a 10 to 1 penalty fine issued by the California Air Resources Board.

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

Fiscal Impact: The fiscal impact for 2,862 instruments at $28 each is $80,136 plus the broker fee of $715.50 for a total cost of $80,851.50, funded by the adopted FY 26 Electric O&M Budget
Environmental Impact: Offset Greenhouse Gas Emissions reported and verified in 2024.

Recommended Action: Ratify the Utility Manager's purchase of Greenhouse Gas Emissions Instruments for the calendar year 2024 compliance period from Amerex for a total cost of $80,851.50
Submitted By: Rainie Torrance, Utility Mananger
City Manager Approval: Date:

Other Department Approval (when required): Date: 10/23/2025___ 10/23/2025
Agenda Item 6.

Confirmation of transaction 1030250
Deal ID: 1030250
Deal Date: 2025-10-14
To: Rainie Torrance
City of Needles
Telephone 760-326-2115;
From: Amerex Brokers LLC
1 Sugar Creek Center Blvd, Suite 700
Sugar Land TX 77478
Telephone 2813405200;Fax 2813405253
Buyer: City of Needles
817 Third Street, Needles, CA, USA 92363
Rainie Torrance Email: [email protected] Phone: 760-326-2115 Seller: Mercuria Energy America LLC
20 East Greenway Plaza, Suite 650, Houston, USA
Adam Raphaely Email: [email protected]; [email protected] Phone: 2035421426 Trade Type: Carbon
Delivery: CA
Tenor: V2024 or Earlier
Class: CCO
Total Quantity: 2,862 Tons
Price: $28.00 USD/Tons
Other Terms: CCOs with DEBs. Delivery on or before 10/27/2025.

Other Notes: Pending contract & credit approval
Total Amount Due: Amerex is to receive $715.50 USD with invoice forthcoming The Client and Amerex Brokers, LLC ('Amerex') agree that this communication confirms the terms and conditions of the Transaction entered into as of the Trade Date specified above.

Buyer and Seller understand that Amerex has acted as agent for both parties solely for the purposes of matching up the parties to the transaction. Amerex shall have no liability to any party if any party is for any reason prohibited or restricted from entering into this transaction. The fee charged to you in this transaction is a negotiated fee which may not be the same as charged in similar transactions. The fee is payable upon receipt of our invoice. All aspects and terms of the transaction were determined and agreed to solely by the Buyer and Seller and compliance with the terms of this transaction is strictly their obligation. In the event of an error please contact Amerex immediately but no later than 24 hrs after receipt of the confirmation. If any dispute occurs the Buyer and Seller agree to hold Amerex, its affiliates, and their respective successors harmless from any liabilities which result therefrom. This Confirmation shall inure to the benefit of Amerex, its affiliates, and their respective successors.

CONTACT DETAILS Should you require any further information please contact: Commodities Support: (281) 340-0896 Email:
[email protected]
Agenda Item 6.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: October 28, 2025
Title: Resolution 2025-45 rescinding Chapter 6C, establishing Terms and Conditions for the Sale of Electric Services, of the Needles Municipal Code in its Entirety, and adopting a new Chapter 6C, Electric Services, regarding the terms and conditions for the sale of electric services
Background: In January 2025, the Needles Public Utilities Authority (NPUA) presented a revision of Chapter 6C, Electric Terms and Conditions, for Board consideration. Since its adoption, City staff have identified areas requiring clarification and policy refinement—particularly concerning Section

7.3.2 (Termination Notice Procedures) and Section 4.6.4 (Permanent Payment Date). • Changes made to Section 4.6.4 (Permanent Payment Date); updated to allow only residential accounts the ability to request a permanent payment date.

For example, a residential customer receives a monthly Social Security distribution on the 1st of the month and requests a permanent payment date of the 2nd of the month. • Changes made to Section 7.3.2 (Termination Notice Procedures); added section I; when an account is terminated for nonpayment, the amount stated in the ten (10) day notice, and the current bill, to reflect the total amount due, will be required to restore services.

For example, a commercial account is disconnected for nonpayment, the ten (10) day notice states the past due balance is $10,000 however, there is a current bill that is also outstanding of $5,000, if the account is terminated for non-payment the commercial account would be required to pay the total amount owed on the account of $15,000 to restore services.

Note: This has been the common practice of the business office, and the terms and conditions needed to be updated to reflect actual practice.

To address these issues and modernize the City’s electric service policies, the City Attorney’s Office (SBEMP) conducted a comprehensive legal and administrative review of Chapter 6C. The revised document, titled Electric Services – Terms and Conditions, replaces outdated language, consolidates billing and deposit provisions, and enhances enforcement procedures while ensuring compliance with applicable state and federal regulations.

The Board of Public Utilities adopted Resolution No. 10-21-25 BPU approving the recommended action on October 21, 2025.

Fiscal Impact: None
Environmental Impact: None
Recommended Action: Adopt Resolution 2025-45 rescinding Chapter 6C, establishing Terms and Conditions for the Sale of Electric Services, of the Needles Municipal Code in its Entirety, and adopting a new Chapter 6C, Electric Services, regarding the terms and conditions for the sale of electric services Submitted By: Rainie Torrance, Utility Manager
Kim Krasinski, Business Office Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Agenda Item 7.

RESOLUTION NO. 2025-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA, RESCINDING CHAPTER 6C, ESTABLISHING TERMS AND CONDITIONS FOR THE SALE

OF ELECTRIC SERVICES, OF THE NEEDLES MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 6C ENTITLED ELECTRIC SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA, AS FOLLOWS:

SECTION 1. CEQA. The City Council finds that the actions contemplated by this Resolution are exempt from the California Environmental Quality Act (“CEQA”) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Resolution may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305.

SECTION 2. Severability. City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Resolution is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Resolution, and to this end the provisions of this Resolution are severable. The Board of Public Utilities declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Resolution enforced.

SECTION 3. Prosecution of Prior Resolutions. Neither the adoption of this Resolution nor the repeal of any other resolution of this Board shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City Council resolutions, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 4. Effective Date. The Mayor shall sign and the City Clerk shall attest to the passage of this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council the City of Needles, California, hereby rescinds Chapter 6C, establishing terms and conditions for the sale of electric services, of the Needles Municipal Code in its entirety and adopts a new Chapter 6C, Electric Services, regarding the terms and conditions for the sale of electric services to read as attached hereto as Exhibit “A”.

BE IT FURTHER RESOLVED that the Board of Public Utilities recommended on October 21, 2025 by Resolution No. 10-21-25 BPU that the City Council and Needles Public Utility Authority (NPUA) adopt and implement Chapter 6C, Electric Services, of the Needles Municipal Code regarding the terms and conditions for the sale of electric services as attached hereto as Exhibit "A" for the benefit of the NPUA.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the NPUA/City Council of the City of Needles, California, held on the 28th day of October 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Janet Jernigan, Mayor
ATTEST:

Candace Clark, City Clerk
APPROVED AS TO FORM:

Lena Wade, Deputy City Attorney
Agenda Item 7.

CHAPTER 6C

ELECTRIC RATES
Sections
Article I
6C-1-1 Terms and conditions for the sale of electric services. TERMS AND

CONDITIONS FOR THE SALE OF ELECTRIC SERVICES
Article II.
6C-2-1 Conditions governing the extension of electric distribution and services.

CONDITIONS GOVERNING THE EXTENSION OF ELECTRIC

DISTRIBUTION AND SERVICES
Article III.
6C-3-1 Rate history.
6C-3-2A Rate One -- Residential service.
6C-3-2B Rate Two -- General service.
6C-3-2C Rate Three -- Multifamily service -- Submetered. 6C-3-2D Rate Four -- Multifamily service -- Not submetered. 6C-3-2E Rate Five -- General power service.
6C-3-2F Rate Six -- Agricultural irrigation power service. 6C-3-2G Rate Seven -- Outdoor are lighting service.
6C-3-2H Rate Eight -- Street and highway lighting -- City-owned. 6C-3-2I Rate Nine -- Street and highway lighting -- Customer-owned. 6C-3-J Rate Ten -- Power access charge.

Article I.1
Sec. 6C-1-1. Terms and conditions for the sale of electric services. The following terms and conditions and any changes authorized by the city councilCity of Needles City Council or law will apply to the sale of electric services under the established rate or rates authorized by the city councilCity Council and currently applicable at time of sale. The rates included in this Chapter 6C may be amendmentamended by resolution of the city councilCity Council after a duly noticed public hearing, which amended rates shall supersede the rates included in this Chapter 6C to the extent inconsistent therewith. For purposes of Chapter 6C, City of Needles and the Needles Public Utilities Authority (“NPUA”) are sometimes collectively referred to as “City”.

1. General.

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Agenda Item 7.

1.1 Electric service will be supplied in accordance with these terms and conditions and, any changes required by the cityCity or law, and such applicable rate or rates as may from time to time be authorized by the cityCity. However, in the case of a customerCustomer whose service requirements are of unusual size or characteristics, additional or special rate and contract arrangements may be required.

1.2 These terms and conditions shall be considered a part of all of the cityCity rate schedules, except where specifically changed by written agreement by the cityCity.

1.3 In case of conflict between any provision of a rate schedule and thethese terms and conditions, the provisions of the rate schedule shall apply.

1.4 The failure of the cityCity to insist upon strict performance of any of the provisions in the terms and conditions, or to exercise any of the rights or remedies provided in the terms and conditions, or any delay in the exercise of any of the rights or remedies, shall not release the customerCustomer from any responsibilities or obligations imposed by law or by the terms and conditions, and shall not be deemed a waiver of any rights of the cityCity to insist upon strict performance of the terms and conditions.

2. Establishment of service.

2.1 Application for service. Customer requesting electric service may be required to appear at city’sCity’s place of business to produce proof of identity and sign city’sCity’s standard form of application for service or a contract before service is supplied by city.

City. Customers must provide a lease or GrandGrant Deed to have service established.

2.1.1 In the absence of a signed application or contract for service, the supplying of electric service by the cityCity and acceptance thereof by customerCustomer shall be deemed to constitute a service agreement by and between the cityCity and customerCustomer for delivery, acceptance of, and payment for service, subject to city’sCity’s applicable rates and rules and regulations.

2.1.2 Where serviceFor purposes of any amount owed to City that is requested by two or not more individuals, citythan four (4) years old, City shall have the right to collect the full amount owed city fromCity by any oneor all of the applicants. prior to establishment of service.

2.2 Service establishment charge. A service establishment ischarge, determined by the cost of servicesproviding residential andor nonresidential electric service, will be assessed each time cityCity is requested to establish, reconnect, or Formatted: Font color: Auto
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Agenda Item 7.
reestablish electric service to customer’sCustomer’s delivery point. Billing for the service establishment charge may be rendered as a part of the customer’sCustomer’s first bill.

2.2.1 Customer will be required to pay the above appropriate service establishment charge and an after-hours chargeascharge as established by the cost of services, should customerCustomer request service be established during a period other than regular working hours.

2.3 Grounds for refusal of service. City may refuse to establish or reestablish service if any of the following conditions exist:

2.3.1 Applicant has an outstanding amount due with the cityto City that is not more than four (4) years old and is unwilling to make payment.

2.3.2 A condition exists, which in city’sCity’s judgment, is unsafe or hazardous.

2.3.3 ApplicationApplicant has failed to makesatisfy the security deposit requirements set forth by cityCity as specified underin section 2.6.

2.3.4 If Applicant is known to behas previously engaged in conduct that constitutes, but not limited to, a material violation of city’sCity’s applicable rate schedule. schedules, rules, or regulations.

2.3.5 If Applicant fails todoes not furnish to citythe necessary funds, service entrance equipment, and/easements, or rightrights-of-way required to serve applicant and whichthat have been specified by City as a condition for providing service.

2.3.6 Applicant falsifies his or her identity for the purpose of obtaining service.

2.3.7 Service is already being provided at the address for which applicantApplicant is requesting service.

2.3.8 Service in the name of another customer currently living with the applicant at the If service at the same address for which service is being requested has previously been terminated for nonpayment, and a delinquent balance is stillon that account less than four (4) years old remains outstanding. This restriction applies when the prior account holder continues to reside at the premises with Applicant.

2.3.9 PriorA prior customer was terminated for any of the below reasons and continues to reside on the premises for which applicantApplicant requests service.
(a)
(a) City has evidence of meter tampering or fraud.
(b)
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Agenda Item 7.
(b) Failure to pay a delinquent bill for utility service. (c)
(c) Failure to maintain deposit requirements.
(d)
(d) Failure to pay for a bill to correct a previous underbilling. (e)
(e) Failure to comply with curtailment procedures imposed by the cityCity during supply shortages.
(f)
(f) Failure to provide reasonable and safe access to
city’sCity’s equipment and property.
(g) Breach of written contract between cityCity and customer.

Customer.

2.3.10 Applicant has failed to obtain all required permits and/or inspections indicating that applicant’s facilities comply with local construction and safety codes.

2.4 Establishment of residential credit or security deposit.

2.4.1 Residential establishment of credit. City shall not require a security deposit from a new applicantApplicant for residential electric service if applicantApplicant is able to meet any of the following requirements:

2.4.1.1 Applicant has had service of a comparable nature with cityCity at another service location within past two (2) years and was not delinquent in payment to any utility during the last twelve (12) consecutive months, or disconnected for nonpayment, or has not had an unpaid final bill.

2.4.1.2 Applicant can provide a letter regarding credit or verification from an electric utility where service of a comparable nature was received within the last two (2) years, and the. The letter statesmust state that: (i) the applicant hadApplicant maintained a satisfactory payment history at the time of service discontinuation,was discontinued; and such(ii) the service was provided for a continuous period of at least twelve (12) consecutive months. Satisfactory payment history shall mean no delinquent payments during the last twelve (12) consecutive months of service.

2.4.1.3 Applicant provides a guarantor, satisfactory to the cityCity, to secure payment of bills for the service being requested. Guarantor must be a City of Needles resident with over two years of good payment history.no delinquent payments during the last twenty-four (24) months. .

2.4.2 Residential establishment of security deposit. When credit cannot be established as provided for in Sectionsection 2.4.1 hereof or when it is Formatted: List Paragraph, Numbered + Level: 1 +
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Agenda Item 7.
determined that applicant left an unpaid final bill owing to another utility, applicant may be required to place a cash deposit to secure payment of bills for service.

2.5 Establishment of nonresidential credit or security deposit.

2.5.1 Nonresidential establishment of credit. Customer(s) must provide a lease or Grant Deed to have service established. City shall not require a security deposit formfrom a new applicantApplicant for nonresidential electric service if applicant is able to meet any of the following requirements: Customers must provide a lease or Grand Deed to have service established.

2.5.1.1 Applicant has hadshall have maintained service for at least one year of a comparable nature with cityCity, or with another service location provider, for a minimum period of one (1) year within the pastpreceding two (2) years, and wasshall not delinquent in payment to any utility , during the last twelve (12) consecutive months, or immediately preceding application, have been delinquent in the payment of any utility charges, disconnected for nonpayment, or has hadsubject to an unpaid final bill.

2.5.1.2 Applicant canshall provide a letter regardingof credit or verification from anthe electric utility wherewith which service of a comparable nature was last received which states applicantmost recently maintained, which letter shall state that the Applicant had a satisfactory payment history at the time of service discontinuance of such service, and that such service was maintained for at leasta minimum of twelve (12) consecutive months.

2.5.2 Nonresidential establishment of security deposit. All nonresidential customersCustomers may be required to:

2.5.2.1 Place a cash deposit to secure the payment of bills for service as prescribed herein, or

2.5.2.2 Provide a noncashnon-cash security deposit in the form of a surety bond, an irrevocable letter of credit, or an assignment of moneysfunds, in an amount equal to the required security deposit. Large commercial customers seeCommercial Customers shall be subject to section 2.7.3. and shall maintain a security deposit on file with City at all times during the term of service. For purposes of Chapter 6C, a Large Commercial Customer shall mean a nonresidential Customer occupying a building or service space of twenty thousand (20,000) of more in the City of Needles.

2.6 Re-establishment of security deposit.

2.6.1 Residential. City may require a residential customerCustomer to establish or reestablish a security deposit if customerCustomer becomes delinquent or if the customerCustomer has been disconnected for nonpayment during the last twelve Formatted: Font color: Red
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Agenda Item 7.
(12) months, or when customer’sCustomer’s financial condition may jeopardize the payment of their bill as determined by a bankruptcy filing.

2.6.2 Nonresidential. City may require a nonresidential customerCustomer to establish or reestablish a security deposit ifunder any of the customer becomesfollowing circumstances: (i) Customer has become delinquent or if the customerin payment; (ii) Customer has been disconnected for nonpayment duringwithin the laspreceding twelve (12) months,; or when the customer’s(iii) Customer’s financial condition may jeopardize the payment of their bill, asis determined by, on the basis of a credit investigation, notice of financial reorganization notice, or bankruptcy filing, to jeopardize the timely payment of amounts due. Large Commercial Customers shall be subject to section 2.7.3 and shall maintain a security deposit on file with City at all times during the term of service.

2.7 Security deposits.

2.7.1 Residential security deposits mustA residential Customer shall be required to provide a cash security deposit in thean amount ofequal to one and onehalf (1.5) times the previous customer’s highest monthly bill (June through September)incurred by the prior customer at the residence whereduring the account is to be establishedmonths of June through September, or $one hundred fifty dollars ($150.00,), whichever amount is highergreater.

2.7.1.1 Deposits will automatically be refunded after twelve (12) months of service, provided Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the previous twelve (12) consecutive months, unless Customer has filed bankruptcy.

2.7.2 Nonresidential security deposits may be either cash or noncash, as described in 2.7.2.1, and shall be in the amount of two and one-half (2.5) times the previous customer’sCustomer’s highest monthly bill (June through September) at the non-residential location where the new account is established.

2.7.2.1. DepositsAll cash and noncash security deposits on file with the City will be reviewed after held for non residential customers, excluding Large Commercial Customers which are addressed in section 2.7.3 below, by City shall be reviewed upon Customer’s completion of twenty-four (24) months of service and will.

Such deposits shall be refunded or released, provided thethat Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the previouspreceding twelve (12) consecutive months, unless the Customer’s financial condition, as determined by City, warrants extensionthe continued retention of the security deposit. Deposits not returned within the firstrefunded or released at the conclusion of the initial twenty-four- (24) month period, shall be reviewed annually thereafter to determine ifwhether Customer qualifies for the return or release of the deposit.

Agenda Item 7.

2.7.3 Deposits for Large commercial account depositsCommercial Customers may be eitherprovided in cash or noncash, in a form acceptable by City, and shall be set at $in the amount of eighty thousand dollars ($80,000 per ) for each twenty thousand (20,000 sq ft) square feet of building. Large commercial account space. Such deposits must beshall remain on file for a minimum period of three (3) years and thereafter can, after which they may be replaced with a security bond. All security bonds must be renewed, andshall be subject to renewal, with satisfactory assurance provided to the Needles Public Utility Authority. of renewal provided to City. The cash or noncash security deposits for Large Commercial Customers shall be on file with City during the term of service.

2.7.4 City reserves the right to increase or decrease the security deposit amount when the Customer’s average consumption changes by more than ten percent (10) percent%) for residential accounts within the twelve (12) consecutive month period and five (5) percent (5%) for nonresidential accounts within the twelve (12) consecutive month period. Separate security deposits may be required for each location.

2.7.5 Customer security deposits shall not preclude the City from terminating an agreement for service or suspending service for any failure in the performance of Customer obligations under an agreement for service.

2.7.6 Cash deposits held by the City shall not earn interest. Deposits on inactive accounts may be applied to the final bill and the balance, if any, will be refunded to the Customer of record within sixty (60) days.

2.7.7 If Customer terminates service with City, the security deposit may be credited to Customer’s final bill.

2.7.8 In implementing the foregoing provisions, the NPUA/City Council shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

2.8 Line extensions. Installations requiring the cityCity to extend its facilities in order to establish service will be made in accordance with city’sCity’s conditions governing extensions of electric distribution lines and services.

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Agenda Item 7.

3. Rates.

3.1 Rate information. City shall provide a copy of the rate schedule to the customerCustomer, when requested. In addition, cityCity shall notify customersCustomers of any change in rate schedules affecting those customers.

Customers.

3.2 Rate selection. Customer’s service characteristics and service requirements determine the selection of the applicable rate schedule. City will use reasonable care in initially establishing service to the customerCustomer under the most advantageous rate schedule applicable to the customerCustomer. However, because of varying customerCustomer usage patterns and other reasons, cityCity cannot guarantee that the most economic applicable rate will be applied. City will not make any refunds in any instances where it is determined that customerCustomer would have paid less for service had customerCustomer been billed on an alternate applicable rate or provision of a rate.

4. Billing and collection.

4.1 Customer service installation and billing. Service billing periods normally consists of approximately thirty (30) days unless designated otherwise under the rate schedules or at cityCity option.

4.1.1 Customer service installations will normally be arranged to accept only one type of standard service at one point of delivery to enable service measurement through one meter. If customerCustomer requires more than one type of service, or total service cannot be measured through one meter according to city’sCity’s normal practice, separate meters will be used and separate billing rendered for the service measured by each meter.

4.1.2 The city normally metersCity shall ordinarily install a separate meter and billsissue a separate bill for each individual premise separately; however.

However, adjacent and contiguous premises that are not separated by private or public property or right-of-way, and that are operated as one integrala single, integrated unit under the same name and as a part of the same business, will enterprise, shall be considereddeemed a single premise. for purposes of metering and billing.

4.1.3 When regular, accurate meter readings are not available or the electric usage has not been accurately measured, the cityCity may estimate the customer’sCustomer’s energy usage for billing purposes on the basis of information including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and general characteristics of the customer’sCustomer’s load and operation.

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Agenda Item 7.

4.1.4 WhereIn the event a meter error is discovered as a result ofthrough a meter test, the cityCity may renderissue an adjusted bill to the customerCustomer for the amount of theany undercharge, and shall issue provide Customer with a refund or credit to the customer’s account for the amount of theany overcharge. Such adjustment bill shall be computed as follows:

4.1.4.1 Fast meter. If a meter is registering more than two percent (2%) fast, the cityCity shall refund to the customerCustomer the amount of the overcharge based on the corrected meter readings or the utility’s estimate of the energy usage either for the known period of the meter error or, if the period of error is not known, for the period during which the meter was in use, in either situation for a period not exceeding one (1) year.

4.1.4.2 Slow meter. If a meter for residential service is registering more than twenty-five percent (25%) slow, or a meter for any other class of service is registering more than two percent (2%) slow, the cityCity may bill the customerCustomer for the amount of the undercharge based on corrected meter readings or the city’sCity’s estimate of the energy usage either for the known period of meter error or, if the period of the meter error is not known, for the period the meter was in use, in either situation the billing shall not exceed three (3) months for residential service and one (1) year for any other class of service.

4.1.4.3 Nonregistering meter. If a meter is found to be nonregistering, the cityCity may bill the customerCustomer for the amount of the underbillings based on the city’sCity’s estimate of the electric service used but not registered, for a period not exceeding one year. .

4.1.5 Adjustment of bills for billing error.

4.1.5.1 A billing error is an error by the cityCity which results in incorrect billing charges to the customerCustomer. Billing errors may include incorrect meter readsreadings or clerical errors by a cityCity representative such as applying the wrong rate, wrong billing factor or an incorrect calculation. Billing error does not include a meter error or unauthorized use, nor any error in billing resulting formfrom the meter dial “pegging” or being over if caused by other than the cityCity, switched or mismarked meters by other than the cityCity, improper customerCustomer wiring, blown fuse in one energized conductor, inaccessible meter, failure of the customerCustomer to notify the cityCity of changes in customer’sCustomer’s equipment or operation, or failure of the customerCustomer to take advantage of a rate or condition of service which the customerCustomer is eligible.

4.1.5.2 Where the cityCity overcharges or undercharges a customerCustomer as the result of a billing error, the cityCity may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to the customerCustomer for the amount of the overcharge, for the period of the billing error, but not to exceed three (3) years in the case of an overcharge, and, in the case of an Agenda Item 7.
undercharge not to exceed three (3) months for residential service and one (1) year for any other class of service.

4.2 Collection policy. The following collection policy shall apply to all customerCustomer accounts:

4.2.1 All bills rendered by the cityCity are due and payable no later than nineteen (19) days from the billing date. Any payment not received within this time frame shall be considered past due. Bills for which payment has not been received within ten (10) days of the past due date will be considered delinquent. All delinquent bills shall be subject to the provisions of the city’sCity’s termination procedure. The cityCity reserves the right to suspend or terminate customer’sCustomer’s service for:
(a) Nonpayment of delinquent service bills;
(b) Nonpayment of service establishment charges;
(c) Nonpayment of security deposits;
(d) Nonpayment of meter test charges;
(e) Nonpayment of returned check charges;
(f) Nonpayment of late charges;
(g) Nonpayment of collection charges; and/or
(h) And/or to declareDeclare past due service bill amounts, past due service establishment charges, past due security deposits, past due meter test charges, past due returned check charges, and past due collection charges subject to a late charge at the rate of eighteen percent (18%) per annum.
. 4.2.2 If customer hasa Customer maintains one (1) or more utility services with cityCity and one or more of any such servicesservice is terminated for nonpayment, and customer is unwillingCustomer fails or refuses to make satisfactory payment arrangements with city for payment, cityCity, City shall be entitled to transfer, without notice to Customer, the unpaid balance due onof the terminated service(s) to any other active account of customer. The failure of the customer to pay the Customer. In addition, unpaid balances on active accounts may be transferred, without notice to Customer, to any other active account of Customer if Customer refuses to pay. Failure to pay the active account following such transfer shall result in the suspension or termination of service thereunder. Howeverunder that account. Notwithstanding the foregoing, residential electric service shall not be discontinued, because of solely due to nonpayment of other classes or types of electric service.

4.3 Responsibility for payment of bills. Customer is responsible for the payment of bills for energy use recorded by the meter or estimated by cityCity, until service is ordered discontinued, and the cityCity has had two (2) working day’sdays’ time to secure a final meter reading.

Commented [RT2]: Kim to determine due date, grace
period and red letter notice timeline
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Commented [RT3]: Add unpaid active accounts can
be transferred without notice to customer to an active
account if customer refused to pay.

Agenda Item 7.

4.3.1 When an error is found to exist in the billing rendered to the customer, cityCustomer, City will correct such an error to recover or refund the difference between the original billing and the correct billing. Such adjusted billings will not be rendered for periods in excess of three (3) years from the date the error is discovered.

Any refunds to customersCustomers resulting in adjusted billings will be made promptly upon discovery by city. UnderbillingsCity. Under billings by cityCity shall be billed to customerCustomer who may be given up to one (1) year to pay if the underbilling is less than one thousand dollars,One Thousand Dollars ($1,000.00), and up to one (1) year and half yearssix (6) months to pay if underbilling is more than one thousand dollars,One Thousand Dollars ($1,000.00), without late payment penalties.

4.4 Returned checks. If cityCity is notified by the customer’sCustomer’s bank that the bank will not honor a check tendered by customer forCustomer will not be honored, Customer shall be required to remit payment in cash, by money order, certified check, or by such other means whichas will guarantee the customer’s payment to the city.

City.

4.4.1 Customer shall be charged a fee of twenty five dollarsTwentyFive Dollars ($25.00) for the 1st occurrence and thirty-fiveThirty-Five Dollars ($35.00) for any occurrence thereafter for each instance where customerCustomer tenders payment of a bill with a check which is not honored by customer’sCustomer’s bank.

4.4.2 The tender of a dishonored check shall in no way:
(a) Relieve customerCustomer of the obligation to render payment to cityCity under the original terms of the bill; or (b) Defer city’sCity’s right to terminate service for nonpayment of bills.

4.5 Collection charge.

4.5.1 If a termination of service is required at the site of the equipment other than the meter, a reconnection charge established by the city’sCity’s cost of services fee schedule must be paid before service re-establishment. The customerCustomer shall be billed the normal service establishment charge in addition to the above reconnect charge on the next month’s billing.

4.5.2 To avoid discontinuation of service, customerCustomer may make payment in full, including any necessary deposit in accordance with Sectionsection

2.5 or City, at cityits sole option, may make acceptable payment arrangements.

4.6 Payment assistance and counseling. The cityCity will provide the following services for Residentialto residential Customers unable to pay their bills.

4.6.1 The cityCity will offer an installment payment plansplan to allow customersCustomer to amortize past due and current amounts over a reasonable period Agenda Item 7.
of time. CustomersA Customer who defaultdefaults on an installment payment plansplan may not qualify for future installment payment arrangements. IfIf a Customer does not comply with the terms of a payment arrangement is not kept by the customer, services will be automatically terminated. without further notice. In order to reconnect service, the full amount owed must be paid.

4.6.2 Customer making payments on an installment payment plan must keep the account current as charges for service accrue.

4.6.3 City will furnish customerCustomer, upon request, information on the availability of alternate sources of financial assistance.

4.6.4 A permanent payment due date wouldshall be offered to residential customersCustomers only. They can be offeredResidential Customers may elect a permanent paypayment date, which is the dateextends the utility bill would be due pastdate beyond the standard nineteen (19) days from issuance. All nonresidential Customers shall remain subject to the original 19-standard nineteen (19) day due date thatfor payment of their utility bill is due. Small, medium, and large commercial customers must pay their utility by the 19-day due datebills.

4.7 "STOP LOSS / MAXIMUM DELINQUENCY/COLLECTION POLICY"

4.7.1 Stop-Loss Maximum. A "stop-loss" maximum amount equal to one (1) month's billing period is hereby established. Once a
customerCustomer’s account reaches the stop-loss maximum amount, the NPUA or the City shall provide the customerCustomer with a warning as set forth in the ''TermsTerms and Conditions" for the various utilities established by the City and as may be amended from time to time. The warning notice shall provide the customerCustomer with ten (10) days to pay the past due amount. If payment of the delinquent amount cannot be made in full within the ten {(10) day period, the customerCustomer shall have the ability within that period to signenter into an amortization agreement ("Payment Agreement"),") with City, agreeing and acknowledging that the customer'sCustomer's account must be kept current and that the past due amount must be paid in equal monthly installments over a period of six (6) months –to twelve (12) monthsmonth period dependent on the customer'sCustomer's ability to pay. If payment installments are not paid as set forth in the Payment Agreement, the customer'sCustomer's utilities will be disconnected immediately and without further notice. A Payment Agreement shall only be offered to a customerCustomer if the customersuch Customer has not defaulted on a prior Payment Agreement within the previous twelve (12) month period. If a customerCustomer is on an active Payment Agreement and defaults thereon, a new Payment Agreement cannot be authorized and the full amount past due must be paid before services can be restored.

4.7.2 Restoring Services. Before the utilities may be restored, the customerCustomer shall be required to pay one-half (1/2) of the amount in arrears; however, in the event the account is in the "final status" (the final bill has been prepared Formatted: Font color: Auto
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Agenda Item 7.
and the customer'sCustomer's deposit(s) have been applied to the outstanding balance), the customerCustomer shall be required to pay a new deposit in an amount as set forth in the Terms and Conditions. The customerCustomer shall also execute a separate Payment Agreement agreeingin which Customer agrees and
acknowledgingacknowledges that the customer'sCustomer's account must be kept current and that the balance (the remaining one-half (1/2) of the amount in arrears) shall be paid in equal monthly installments over a period set in section 4.7.1. The customerCustomer shall further acknowledge and agree that service may be discontinued immediately, without further notice, if payment installments are not paid as set forth in the Payment Agreement and/or the current bill is not paid timely.

4.7.3 Collections. If services have been disconnected as a result of nonpayment, and (1) the customerCustomer does not reactivate said services, and (2) the bill is in the final status, the final bill will be sent to a collections agency. CollectionCity refers customarily refers delinquent accounts are sentto a collection agency every six (6) months to the city’s collection agency.

4. 7 .4 Deposits. A deposit or a letter of credit is required when a customerCustomer is
initiating electric service with the NPUA as set forth in the Terms and Conditions except for "Large Users", defined below.. In the event the customerCustomer receives two (2) late notices within a twelve (12) month period, a deposit will be required for continuation of service. The NPUACity will provide the customerCustomer with written notice that a deposit, in the amount equal to two (2) times customer'sCustomer's highest monthly bill during the previous twelve (12) month period, is due. The amount of the deposit due will be added to customer'sCustomer's next utility bill. NPUACity will refund the deposit to the customerCustomer after it has received twelve (12) months of timely payments from the customer. NPUACustomer. City will refund the deposit to the residential customerCustomer after it has received twelve (12) months of timely payments, and two (2) years for small, and medium commercial customers and three (3) yearsall other nonresidential Customers. The security deposit for Large commercial customersCommercial Customers as set forth in section 2.7.3 shall be on file with City during the term of service.
“A Large User is defined as a customer whose monthly utility bills exceed, or are expected to exceed, $20,000 on average. A cash deposit shall be required of Large Users.” To be kept on file for three (3) years of timely monthly payments.

4.7.5 Subsequent Deposit. In the event that, after the deposit has been refunded to the customer, the customerCustomer, Customer receives two (2) late notices within a twelve (12) month period, a subsequent/new deposit will be required for continuation of service. The NPUACity will provide the customerCustomer with written notice that a new deposit, in the amount equal to two (2) times customer'sCustomer's highest monthly bill during the previous twelve (12) month period, is due. The amount of the new deposit due will be added to customer'sCustomer's next utility bill. NPUACity will refund the deposit to the customerCustomer after the NPUACity has received twelve (12) months of timely payments from the customerCustomer. (596-AC) Formatted: Underline
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Agenda Item 7.

5. Service responsibility of cityCity and customer. Customer.

5.1 Responsibility -- Use of service or apparatus. City and customerCustomer assume all responsibility on their respective sides of the point of delivery for the electric service supplied and takenreceived, as well as for any apparatus used in connection therewith.

5.1.1 Customer and cityCity each shall save the other harmless from and against all claims for injury or damage to persons or property occasioned by or in any way resulting formfrom the electric service or the use thereof on their respective sides of the point of delivery. City shall, however, have the right to suspend or terminate service in the event cityCity should learn of service use by customerCustomer under hazardous conditions or for illegal purposes.

5.1.2 Customer shall exercise all reasonable care to prevent loss or damage to cityCity property installed on customer’sCustomer’s premises for the purpose of supplying service to customerCustomer.

5.1.3 Customer shall be responsible for payment of loss or damage to cityCity property on customer’sCustomer’s premises arising from neglect, carelessness or misuse, and shall reimburse cityCity for the cost of necessary repairs or replacement.

5.1.4 Customer shall be responsible for payment for any equipment damage and/or estimated unmetered usage resulting from unauthorized breaking of seals, interfering, tampering or by-passing city’sCity’s meter.

5.1.5 Customer shall be responsible for notifying cityCity of any failure in city’sCity’s equipment.

5.2 Service interruptions -- Limitations on liability of cityCity. City shall not be liable to customerCustomer for any damages occasioned by fluctuations, interruptions or curtailment of electric service except where caused by city’sCity’s willful misconduct or gross negligence. City may, without incurring any liability therefore, suspend customer’sCustomer’s electric service for periods reasonably required to permit cityCity to accomplish repairs to or changes in any of city’sCity’s facilities.

5.2.1 In the event of a national emergency or local disaster resulting in disruption of normal service, cityCity may, in the public interest, interrupt service to other customerCustomer to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.

5.3 City access to customerCustomer premises. City’s authorized agents shall have safe access to customer’sCustomer’s premise at all reasonable hours to install, inspect, read, repair or remove its meters; to install, operate or maintain other cityCity property, and to inspect and determine the connected electrical load. Neglect or refusal Agenda Item 7.
on the part of the customerCustomer to provide such access shall be sufficient cause for discontinuance of service by cityCity, and assurance of access may be required before service is restored.

5.4 Easements. All suitable easements and rightrights-of-way required by the cityCity for any portion of the extension which is on premises owned, leased or otherwise controlled by customerCustomer shall be furnished in city’sCity’s name by the customerCustomer without cost to cityCity and in reasonable time to meet proposed service requirements. All easements and right-of-way obtained on behalf of cityCity shall contain such terms and conditions as are acceptable to the city. City.

5.5 Load characteristics. Customer shall exercise reasonable care to assure that the electrical characteristics of its load, such as unusual short interval fluctuations in demand, shall not be such as to result in impairment of service to other customersCustomers or interference with operation of telephone, television or other communication facilities. The deviation from phase balance shall not be greater than ten percent (10%) at any time. The power factor of the load shall not be less than ninety percent (90%) lagging, but in no event leading, unless agreed to by cityCity. In the event that customerCustomer does not maintain such power factor, at the option of cityCity, kva shall be substituted for kW in determining the applicable charge for billing purposes for each month in which such failure occurs.

6. Metering and metering equipment.

6.1 Customer equipment. Customer shall install and maintain all wiring and equipment beyond the point of delivery. Except for city’sCity’s meters and special equipment, customer’sCustomer’s entire installation must conform to all applicable construction standards and safety codes, and if an inspection or permit is required by law or by cityCity, the same must be furnished by customerCustomer.

6.1.1 Customer shall provide in accordance with city’sCity’s current service standards, at no expense to cityCity, and close to the point of delivery, a sufficient and suitable space acceptable to city’sCity’s representative for the installation of city’sCity’s metering equipment.

6.1.2 Customer shall provide and maintain a clear and unobstructed work space that extends a minimum radius of three feet from the face of the electrical entrance section, and a clear and unobstructed walkway to the meter location of a minimum width of three feet. The electric entrance section work space shall have a level floor surface and a height minimum of six feet six inches to any overhead obstruction.

6.1.3 Customer shall, at his/her own expense, relocate meter or meters to a new and approved location whenever the existing meter or meters become inaccessible or work space cannot be maintained.

Agenda Item 7.

6.2 Service connections. City will not install and maintain any lines and equipment on customer’sCustomer’s side of the point of delivery except its meter. For the mutual protection of the customerCustomer and cityCity, only authorized employees of cityCity are permitted to make and energize the connection between the city’sCity’s service wire and customer’sCustomer’s service entrance conductors. Such employees carry credentials which they will show upon request.

6.3 Measuring customerCustomer service. All the energy sold to the customerCustomer will be measured by a commercially acceptable measuring device owned and maintained by the cityCity, except where it is impractical to meter loads such as street lighting, security lighting, or special installations in which case the consumption may be calculated.

6.3.1 The readings of city’sCity’s meters will be conclusive as to the amount of electric power supplied to customerCustomer unless, there is evidence of meter tampering or energy diversion, or unless a test reveals city’sCity’s meter is in error by more than plus or minus two percent. (2%).

6.3.2 If there is evidence of meter tampering or energy diversion, customerCustomer will be billed for the estimated energy consumption that would have been registered had all energy usage been properly metered.

6.3.3 If any meter after testing is found to be more than two percent in error, either fast or slow, proper correction shall be made of previous readings, and an adjusted bill shall be rendered per Sectionsection 4.1.4. Customer will be billed for the estimated energy consumption that would have been registered had the meter been operating properly.

6.3.4 City shall, at the request of customerCustomer, reread customer’sCustomer’s meter within ten (10) working days after such request by customerCustomer. The cost of such rereads, which is ten dollars,Ten Dollars ($10), may be charged to customerCustomer, provided the original reading was not in error.

6.4 Meter testing.

6.4.1 City shall test its meters regularly in accordance with a meter testing and maintenance program.

6.4.2 City will individually test a meter upon customer’sCustomer’s request. If meter is found to be within the two percent (2%) limit, cityCity may charge customer twenty-five dollarsCustomer Twenty-Five Dollars ($25) for the cost of the meter test. The results of the test will be furnished to the customerCustomer within a reasonable time after the test.

Agenda Item 7.

6.4.3 Customer shall have the right to observe any individual meter test he/she has requested, or to have present an expert or other representative appointed by him.

6.5 Master metering.

6.5.1 Resale of electricity. Customer shall not resell electricity form the cityfrom City to any person except, :
(a) Where energy is purchased at rates specifically applicable to resale service, or
(b) Where the charge to the tenants is absorbed in the rental for the premises or space occupied, or
(c) Where the customerCustomer is owner, lessee or operator of a multi-family housing or similar facility, and submeters and resells electricity to tenants at the same rates and charges that the cityCity would charge for the service if supplied by it directly, or
(d) Qualifies for submeter resale under the criteria identified in Sectionsection 6.5.4.

6.5.2 Mobile home parks. City shall refuse service to all new construction and/or expansion of existing permanent residential mobile home parks unless construction and/or expansion is individually metered by the city. City.

6.5.3 Residential -- Apartment complexes -- Condominiums and other multiunit residential buildings. City
shall refuse service to all new construction of apartment complexes and condominiums which are master metered unless the building(s) will be served by a centralized hearingheating, ventilation and/or air conditioning system and the contractor can provide to the cityCity an analysis demonstrating that the central unit will result in a favorable cost/benefit relationship for the residents.

6.5.4 RV parks, marinas, small craft harbors and similar type service.

Master metering will be allowed at RV parks, marinas, small craft harbors and similar type of services. The master meter customer ayCustomer may submeter individual spaces, slips or berths. An “extended stay” or permanent residential, commercial, recreational or similar facilities shall be individually metered by the cityCity. Existing master metered facilities shall be exempt from these requirements, except for any new facilities that are added to the RV park, marina, small craft harbor, etc.., after the effective date of these terms and conditions. The rates and charges to the submeter user must not exceed those that would be applied if user was purchasing electricity directly from the cityCity.

7. Termination of service.

Agenda Item 7.

7.1 Customer initiated termination. A customerCustomer requesting termination of electric service must provide the cityCity with at least two working daysdays’ notice and a disconnect date. The customerCustomer shall remain responsible for all energy use until two working days after the disconnect notice or the requested disconnect date, whichever is later.

7.2 Termination of residential service to ill, elderly or handicapped customersCustomers.

7.2.1 Residential customers thatCustomers who are ill, elderly (over sixty-five years of age) or handicapped persons who have an inability to pay for their service will not be terminated until all of the following have been attempted. (a) The customerCustomer has been made aware of the
availability of funds from various governmental and social assistance agencies of which the cityCity is aware of.
(b) City has made a diligent effort to notify a third party previously designated by the customerCustomer.
(c) City has attempted to make satisfactory payment
arrangements with customerCustomer and/or previously designated third party.

7.2.2 Residential service shall not be terminated where the customer has an inability to pay and has established through medical documentation that, in the opinion of a licensed medical physician, termination would be especially dangerous to the customer’s for nonpayment if Customer or a permanent resident residinghousehold member depends on the customer’s premises health, or where life -support equipment used in the home is dependent upon electric service for operation. or has a lifethreatening condition certified by a licensed physician, provided Customer is financially unable to pay and is willing to enter into an amortization agreement for the unpaid charges.

7.2.3 A customer utilizing Customer relying on the provisions of Section 7.2.2 shall besection 7.2.2 shall notify City prior to the termination date set forth in the notice that Customer or a household member depends on life-support equipment or has a life-threatening condition that would be compromised by termination of services.

Further, Customer shall (i) provide certification of a licensed physician as required toin section 7.2.2, and (ii) enter into a deferred payment agreement with the utilityCity within ten (10) days after the scheduled termination date, or service may be terminated with two (2) days' notice. The city will notify the correct agencies.

7.3 WithTermination with notice. City may, without liability for injury or damage, disconnect service to any customerCustomer for any of the reasons stated below, provided cityCity has met the termination notification requirements.

Commented [RT4]: Get Legal Opinion
Commented [AG5R4]: Under Cal Pub Util Code §
779.3, an electrical corporation cannot disconnect
service for nonpayment if the customer or a household
member depends on life-support equipment or has a
life-threatening condition certified by a licensed
physician, provided the customer is financially unable
to pay and is willing to enter into an amortization
agreement for the unpaid charges.

Cal Pub Util Code § 779 prohibits termination of service when a licensed physician certifies that termination
would be life-threatening, and the customer is
financially unable to pay but agrees to an amortization plan
Commented [RT6]: Get Legal Opinion
Agenda Item 7.

7.3.1 The cityCity may disconnect service after written notification for the following reasons:

(a) Customer violation of any cityCity rate schedules.

(b) Failure of customerCustomer to pay a delinquent bill for service.

(c) Failure of customerCustomer to meet or maintain deposit requirements.

(d) Failure of customerCustomer to provide reasonable access to city’sCity’s equipment and property.

(e) Customer breach of contract for service between cityCity and customerCustomer.

(f) Failure of prior customerCustomer to pay a delinquent bill for service where the prior customerCustomer continues to reside on premises.

(g) When necessary for cityCity to comply with an order of any governmental agency having such jurisdiction.

(h) Customer fails to establish credit, after cityCity, for customerCustomer convenience, provided service before credit is established or continued service to a customerCustomer when credit was to be re-established.

(i) The cityCity shall have the right to (but not the obligation) to remove any and all of its property installed on the customer’sCustomer’s premises upon termination of service.

7.3.2 Termination notice requirements.
a) Ten-A ten (10) day advance notice of intent to terminate service for nonpayment is courtesy only; customers must pay attention to theirand reasons other than nonpayment shall be provided. Customers are solely responsible for monitoring and paying past due amounts on balances reflected in their utility bills. Such notice may be included with, or issued as part of, Customer’s monthly billing statement.

All ten- (10) day notices are sent out by mail and if the customer hasshall be mailed to Customer’s last known address. The failure of a Customer to receive such notice shall not received one, they do not qualify for the reason of not being disconnectedexempt Customer from services. All customers can be givendisconnection of service for nonpayment. Upon request, Customers may obtain a copy of the mailed ten- (10) day notice.

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Commented [LW7]: Cal Pub Util Code § 779.1
Utilities must provide a notice of delinquency and
impending termination at least 10 days before the
proposed termination date.

Cal Pub Util Code § 10010.1 shall not terminate
residential service on account of nonpayment of a
delinquent account unless the public utility first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by
means of a notice mailed, postage prepaid, to the
customer to whom the service is billed, not earlier than 19 days from the date of mailing the public utility’s bill for services, and the 10-day period shall not commence
until five days after the mailing of the notice.

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Agenda Item 7.
b) Ten-day advance written notice for reasons other than nonpayment, which can be included in or be part of the monthly billing notices. c) A twenty-four (24-) hour advance written notice shall be provided for termination of intentservice due to terminate for dishonored checks (NSF). If thea check is returned (NSF)tendered for deposits, utilities willpayment of a deposit is dishonored, utility services shall be disconnected until payment in cash is received. If a customer has a dishonored check they must payAny Customer whose check is returned for insufficient funds shall be required to make all subsequent payments by cash, money order, or credit/debit card for the nexta period of six (6) months. . d
c) Notice shall state the reason for termination.
e
d) Notice shall be considered given to the customerCustomer when a copy thereof is delivered to the service location or posted first class in the United States Postal Service addressed to the customer’sCustomer’s last known address. These notices are provided as a courtesy.
f) ServiceIf the violation identified in the notice has not been remedied, service may be terminated on or after the daydate specified in the notice without givingthe issuance of further notice if the violation has not been satisfied.. g) Service may only be terminated in conjunction with a personal visit to the premises by an authorized representative of the cityCity. h) The cityCity shall have the right (, but not the obligation), to remove any of its property. from the premises upon termination of service.

I
i) When an account is terminated for nonpaymentnonpayment, the disconnection notice that is placed at the address will include delivered to the premises shall reflect both (i) the amount stated in the ten- (10) day notice amount in addition to, and (ii) the current bill, to reflect the total amount due on the account, and is due. Full payment of the total amount shall be required to restore services. service.
(

7.5 Restoration of service. City shall not be required to restore service until the conditions which resulted in the termination have been corrected to the satisfaction of the cityCity.

7.6 Master meter customersCustomers. When master metered accounts are being terminated with notice, the cityCity will make a good faith effort to notify actual users prior to the termination. The notice may be posted in a common area of the complex or building, mailed to individual apartments, spaces or suites, or hand delivered. The notice shall provide the user the right to become a city customerCustomer without being Formatted: Font color: Auto
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Commented [AG8]: (b) Every public utility shall make
a reasonable attempt to contact an adult person
residing at the premises of the customer by telephone
or personal contact, at least 24 hours prior to any
termination of service, except that, whenever telephone or personal contact cannot be accomplished, the public
utility shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of
termination of service, at least 48 hours prior to
termination.

Cal Pub Util Code § 10010.1
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Agenda Item 7.
required to pay the amount due on the account. However, any conversion of service entrance equipment required to accept cityCity service will be the user’s responsibility.

8. Disputed bills and complaints.

8.1 Bill inquiresinquiries and complaint investigations. A customerCustomer may request a bill inquiry or complaint investigation by contacting the city’sCity’s utilities office. An investigation will be completed by the cityCity, and the customerCustomer will be advised of the investigation’s results and any action taken. If the customerCustomer is seeking to set up an extended payment arrangement, the cityCity will attempt to assist by offering an amortized payment schedule, and provided the customerCustomer has not defaulted on a previous payment agreement.

8.2 Unresolved bill inquires and complaint investigation. If a customerCustomer is not satisfied with the investigation and/or action completed by the city’sCity’s utilities office, the customer shouldCustomer may elevate the inquiry or complaint to the next level within the cityCity staff, in the order recommended below:
(a) Utility business managerBusiness Manager or supervisor.

Supervisor
(b) Utility Manager.
(c) City Manager

8.3 Appeal to the city utility board.City’s Board of Public Utilities. A customerCustomer who is not satisfied or believes the staff investigation results are incorrect or unfair, may appeal to the NeedlesCity’s Board of Public Utilities. (“Utilities Board”). The boardUtilities Board will hear only appeals that have not been resolved to the customer’sCustomer’s satisfaction, after the city managerCity Manager has finalized his/her review. A form to request an appeal is available at the utilities office, and must be submitted at least two (2) weeks prior to a regularly scheduled boardUtilities Board meeting to ensure placement on the agenda. The customerCustomer is encouraged to be present at the boardUtilities Board hearing, or to have a representative present.

8.4 Appeal to the city councilCity Council. A customerCustomer who remains unsatisfied after appealing their concerns to the Needles Board of Public Utilities, many Board, may appeal to the city councilCity Council for final resolution. within fourteen (14) days of the date of the Utilities Board’s decision. The city clerkCity Clerk will assist the customerCustomer with scheduling the appeal. The customerCustomer or his representative must be present at the councilCity Council meeting for the appeal to be heard and/or acted upon.

8.5 Payment of disputed bills. A customerCustomer who has requested an investigation or who is appealing a determination shall not have the electric service disconnected for nonpayment of the disputed bill. If the customerCustomer is disputing multiple months of billing, payment for one of the months being disputed may be withheld pending determination, but all remaining months being disputed must be paid to avoid Formatted: Underline
Agenda Item 7.
being disconnected for nonpayment. A customerCustomer must pay subsequent bills to a disputed bill, to avoid being disconnected for nonpayment.

9. Removal of facilities. Upon the termination of service, cityCity may without liability for injury or damage, dismantle and remove its facilities installed for the purpose of supplying service to the customer,Customer and cityCity shall be under no further obligation to serve customerCustomer. If, however, cityCity has not removed its facilities within one (1) year after termination of service, cityCity shall thereafter give customerCustomer thirty (30) days’ written notice before removing its facilities, or else waive any re-establishment charge within the next year for the same service to the same customerCustomer at the same location.

For purpose of this section, notice to the customerCustomer shall be deemed given at the time such notice is deposited at the U.S. Postal Service, first class mail, postage prepaid, to the customerCustomer at his/her last known address.

10. Prohibited service uses. Customer shall not use electric service for the following uses or activities. This prohibition isThese prohibitions are necessary to prevent electric shortages, and to avoid supplier penalties for excess demand requirements.

10.1 Outdoor advertising signs and lighting.

10.1.1 Illuminated billboards, signs or similar advertising or identifying signs or equipment shall not be illuminated with cityCity electric service during daylight hours.

10.1.2 Mechanized billboards, signs or similar advertising or identifying signs or equipment shall not be operated with cityCity service during daylight hours.

10.1.3 A commercial/industrial customernonresidential Customer may, without restricted hours of use, illuminate with cityCity service a time and temperature sign, and two (2) business signs on its premises.

10.2 Decorative and functional outdoor lighting.

10.2.1 Outdoor lighting necessary for public safety, security, or required by law shall be exempt from the below restrictions. However, customerCustomer shall minimize the number of lighting fixtures, and shall use energy efficient lighting for all outdoor lighting applications.

10.2.2 Commercial/industrial customerNonresidential Customers shall not operate any outdoor decorative, architectural or advertising “highlighting” or floodlighting, area, spot or other similar lighting during daylight hours.

10.3 Indoor business lighting.

Agenda Item 7.

10.3.1 Indoor lighting necessary for public safety, security, or required by law shall be exempt from the below restrictions below. However, customersuch Customer shall limit the number of fixtures used, and shall use energy efficient lighting for all indoor lighting.

10.3.2 Commercial/industrial customerNonresidential Customers shall reduce lighting levels to the minimum required for security at all times the building is not occupied.

10.3.3 Customer shall not operate window display lighting during daylight hours.

10.4 Electric heating and cooling.

10.4.1 Businesses whereNonresidential Customers shall be exempt from the following restrictions if higher temperatures exceeding the below recommendations are required for physician-certified medical reasons, ormandated by law, or whose principal business involves necessary for the preservation of perishable foods shall be exempt from the below restrictions. as part of their principal operations.

10.4.3 Commercial/industrial customerNonresidential Customers shall not use serviceelectric services for heating/cooling during non-business hours, unless the building is occupied, or customerCustomer can establish, and the cityCity agrees, that a net energy savings can be achieved by operating the space conditioning equipment during non-business hours.

10.4.4 Commercial/industrial customerNonresidential Customers shall not heat or cool unoccupied hotel, motel or similar guest accommodation facilities in vacant guest rooms.

10.4.5 Commercial/industrial customerNonresidential Customers whose building is equipped with a system that both heathsheats and cools simultaneously, or that depends on electric lighting for total or partial heating shall operate the system to minimize electric energy use, and as close to the above guidelines as practical.

10.5 Swimming pool/spa pumps and filtration.

10.5.1 Timers shall be installed on all swimming pool pumps and filtration equipment.

10.5.2 Customer shall set the timer to between the hours of 9:00 P.M. and 9:00 A.M.

Agenda Item 7.

10.5.3 Customer may operate circulating pumps for solar pool heating equipment during daylight hours without restriction, except for the motor size limitations below.

Pool or Spa
Sq. Ft. of Surface Area
Maximum Allowed
Motor Size
520 or less ¾ H.P.
521 -- 800 1 H.P.
801 -- 1200 1-1/2 H.P.

Over 1201 Max. 1 H.P./800 sq. ft.

10.6 Noncompliance. The cityCity shall discontinue service to a customerCustomer for noncompliance with the prohibited uses of electric energy, if after notice the customerCustomer does not correct the violation within five (5) days. Service will not be reestablished until after customerCustomer has complied.

10.7 Exemption procedure. A customerCustomer may request a special use exemption for a prohibited activity. The request must be in writing and shall be submitted to the Needles Board of Public Utilities Board. The request must explain why the exemption is being sought, the benefits the customerCustomer will receive from such use, the approximate amount of energy required and the desired time period. Board approval must be received prior to customerCustomer using service for a prohibited activity.

11. Curtailment. When the availability of service is restricted and a reduction of service is required to maintain the integrity of part or the total electric system, the customerCustomer will be notified by the cityCity to reduce or terminate use of service.

Such notifications may be made by mail, phone, or in person. The cityCity will curtail service on a proportionate basis, where possible, and will give service priority to customersCustomers and/or customerCustomer classes where health, safety and welfare will be adversely affected, when possible. Customers, who refuse or do not comply with curtailment requirements, may be terminated by the cityCity. A service reestablishment charge of two hundred dollarsTwo Hundred Dollars ($200.00) will be assessed for a first-time violation, five hundred dollarsFive Hundred Dollars ($500.00) for second violation, and one thousand dollarsOne Thousand Dollars ($1,000.00) for a third violation. A customerCustomer who violates curtailment requirements more than three times will not be allowed to reestablish service.

12. Successors and assigns. Agreements for service shall be binding upon and for the benefit of the successors and assigns of customerCustomer and cityCity, but no assignments by customerCustomer shall be effective until customer’sCustomer’s assignee agrees in writing to be bound and until such assignment is accepted in writing by the cityCity.

13. Warranty. There are no understandings, agreements, representations or warranties, expressed or implied (including warranties regarding merchantability or fitness for a particular purpose), not specified herein concerning the sale and delivery of Agenda Item 7.
electricity by the cityCity to the customerCustomer. These terms and conditions state the entire obligation of the cityCity in connection with such sales and deliveries. (Ord. 404- AC; Ord. 463-AC.)
Article II.6C-2
Sec. 6C-2-1. Conditions governing the extension of electric distribution and services.

Application for city’sCity’s electric service often involves construction of new facilities for various distances and costs depending upon customer’sCustomer’s location, load size and load characteristics. With such variations, it is necessary to establish conditions under which the cityCity will extend its facilities.

All extensions are subject to the availability of adequate capacity, voltage and cityCity facilities at the beginning point of an extension. These rules shall govern extensions of both overhead and underground electric facilities to customersCustomers whose requirements are deemed by the cityCity to be usual and reasonable in nature.

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Agenda Item 7.

1. Basis for extensions.

1.1 Temporary power basis: all classes of service.

1.2 Footage basis: residential only.

1.3 Economic feasibility basis: all classes of service.

1.4 Responsible resource development basis: residential service only.

1.5 Economic development basis: specific applications only.

1.6 Doubtful permanency basis: all classes of service.

1.7 Seasonal customerCustomer basis: all classes of service.

2. Extension conditions.

2.1 Underground construction required. All new electric extensions shall be underground construction, and must comply with the requirements of Sectionsection 4 below. At cityCity option, underground construction variances may be allowed for the following conditions.

2.1.1 Overhead single or three phase service lines may be constructed, if the distribution system the service line is connected to is overhead. Service lines are defined as those lines tatthat connect directly to a transformer or secondary voltage delivery system, and are the lines extended to the customer’sCustomer’s electric entrance equipment. However, overhead service lines may not be constructed when the customerCustomer is located in an existing or proposed overhead to underground conversion area, or in an existing or proposed underground development.

2.1.2 At cityCity’s option, twelve Kv feeder lines (as defined by the cityCity), and lines of voltages higher than twelve Kv may be constructed overhead, even though such lines are being constructed in an underground development. The construction of such lines shall not exempt the customerCustomer from undergrounding all other facilities, including any services being extended from such overhead lines.

2.1.3 At cityCity’s option, an overhead line may remain as part of a new extension, if there is an existing distribution pole line(s) on or across a recorded subdivision or development at the time of application, and the line will be utilized in the extension. However, this condition shall not apply if the pole line were serving a building or group of buildings or any other type of service which would be removed before the development is completed.

2.1.4 An overhead extension may be constructed when, in city’sCity’s opinion, an underground extension is not feasible from either an engineering, operation or economic standpoint.

2.2 Irrigation customersCustomers. Customers requiring construction of electric facilities for service to irrigation pumping will advance the total cost of construction, which may include a portion of the cost from designated irrigation substations. Advances are subject to refund as specified in Sectionsection 3 below.

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Agenda Item 7.

2.3 Temporary customers. Customers.

2.3.1 General. Service to be rendered to a customerCustomer for a period of less than twelve (12) consecutive calendar months shall be extended as a temporary service. The cityCity, at its option, may classify any facilities that are known to be removed after a specific period, or upon completion of a project as temporary, even though service may be rendered beyond twelve (12) consecutive months.

2.3.2 Where a temporary meter or construction meter is required to provide service to a customerCustomer, then customerCustomer in advance of installation or construction shall make a nonrefundable contribution equal to the cost of installing and removing the facilities required to furnish service, less the salvage value of such facilities. When the use of the service is discontinued or agreement for service is terminated, cityCity may dismantle its facilities, and the materials and equipment provided by the cityCity will be salvaged and remain its property.

2.3.3 Construction meters which are positioned in the permanent customer’sCustomer’s meter location, and that require no change in the service conductor size or length to serve the permanent customer’sCustomer’s facilities, shall be considered permanent.

2.4 Real estate development. Extensions of electric facilities within real estate developments including residential subdivisions, industrial parks, mobile home parks, apartment complexes, planned area developments, etc., may be made in advance of application for service by permanent customersCustomers. These extensions are eligible to qualify for either the economic feasibility, responsible resource development, or the economic development extension bases, depending upon development type.

Anticipated revenues for real estate development extensions shall be calculated by the cityCity based upon the estimated electric energy to be used at each customerCustomer location. Revenue estimates shall be made from comparable development revenue histories, and/or load information provided by the developer. Only cityCity determined estimated revenues shall be used for economic feasibility studies.

2.4.1 Mobile home parks. City shall refuse service to all new construction and/or expansion of existing permanent residential mobile home parks unless the construction and/or expansion is individually metered by the city.City.

2.4.2 Apartment complexes, condominiums and other multiunit residential buildings. City shall refuse service to all new construction and/or expansion of apartment complexes and condominiums unless the construction or expansion is individually metered by the cityCity.

2.5 Seasonal customersCustomers. Extensions of electric facilities to customer’sCustomer’s premises, which will be continuously occupied less than nine (9) Agenda Item 7.
months out of each twelve- (12) month period may be made only on an economic feasibility basis.

3. Refunds.

3.1 General policy.

3.1.1 Customer extension advances of over two hundred dollars are subject to a partial refund of sixty-five percent; provided, that a refund survey determines that additional customers have been connected to and are using service, or that actual revenues would have reduced the advance requirements of the extension. Customers and revenues which may be considered in the refund surveys must be active and receiving service from either extensions directly connected to, or service lines directly connected to the extension being surveyed.

3.1.2 Revenues from customers

3.1.1 Revenues from Customers being served by an extension connected to the extension being surveyed, shall be considered only if the connected extension was made under the footage, economic feasibility, responsible resource development, or economic development basis. Such connected extensions, to be qualified for refund consideration, must have at least one active customerCustomer within five hundred feet from the interconnection point of the extension being surveyed.

3.1.3 The city2 City shall conduct a refund survey on the annual anniversary of the execution date of the extension agreement. The survey shall use the extension basis criteria in force at the time the extension was installed to calculate any refunds. The cityCity reserves the right to apply any extension refunds to the customer’sCustomer’s account(s), if any account(s) are delinquent or past due. Refunds shall never exceed the amount originally advanced.

3.1.43 Refunds can only be made to the customerCustomer, developer or developer’s company, whoever executed the extension agreement. If development or property ownership or control changes during the refund period, it is the customerCustomer/developer’s responsibility to form a refund resolution agreement between the parties of such a transaction. The cityCity will not honor any contractual or other arrangement that transfers the refund from the original customerCustomer/developer, who executed the extension agreement to another party, even if a refund resolution agreement exists between the parties.

3.2 In lieu of revenue surveys, the cityCity may determine the number of permanent customersCustomers connected to the extension for a residential real estate development, and a refund may be made on a “per” customerCustomer basis. Refunds for each permanent customerCustomer shall only be refunded one time. A permanent customerCustomer must have service installed and be an active account at the time of the refund survey to be qualified for the refund study. The cityCity shall specify in the extension agreement, the amount of refund per permanent customerCustomer connected, and may require a number of “qualified” customersCustomers be connected to an extension prior to the extension qualifying for a refund survey. Once a permanent Formatted: Underline
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development costs.

Agenda Item 7.
customerCustomer has been included in a refund survey. Once a permanent customerCustomer has been included in a refund survey, the customerCustomer shall not be counted in future surveys, regardless if such customerCustomer is active or inactive at the time of the survey.

4. Underground construction.

4.1 General policy.

4.1.1 Customer or developer shall provide all earthwork including, but not limited to trench, boring or punching, conduits, vaults, pull boxes, manholes, cabinet pad sites, shoring, bedding, backfill, compaction and surface restoration, in accordance with cityCity specifications.

4.1.2 Customer or developer shall conform to city’sCity’s underground installation and utility facility placement specifications and standards.

4.1.3 Customer or developer shall provide and install conduit, manholes, vaults, pull boxes, and sweeps at all proposed equipment locations. All materials and installation shall meet cityCity specifications.

4.1.4 Customers or developers requesting underground extensions may be required to sign an underground electric extension agreement.

4.1.5 If, after construction of the extension, final clearance or grade is changed in such a way as to require relocation of the underground facilities, or results in damage to such facilities, the cost of such relocation and/or resulting repairs shall be borne by the customerCustomer or developer.

4.2 Inspection and cityCity acceptance of trench and conduit.

4.2.1 The cityCity shall inspect the customerCustomer/developer installed trench and conduit on a mutually agreed upon date prior to the customerCustomer/developer shading and backfilling the trenching and conduit. Phased inspection may be required, and the completion and inspection dates for each phase shall be agreed to by the customerCustomer/developer and the cityCity.

4.2.2 When the cityCity has approved the trenching and conduit installation, a second inspection date shall be mutually agreed to for inspection of the trench and conduit after shading and prior to backfill.

4.2.3 When the trench and conduit shading has been approved, the customerCustomer/developer shall complete backfilling and compaction of the trench.

The cityCity shall inspect final trench backfill and compaction, and approve prior to final surface restoration.

Agenda Item 7.

4.2.4 When the backfill and compaction has been approved, the customerCustomer/developer must complete final surface restoration of existing roadways, sidewalks, bike paths, etc. as specified by the cityCity. If the final surface of the trench is in a new development ,actual surfacing can be completed as required, the cityCity will complete the restoration and bill the customerCustomer/developer for actual costs plus appropriate overheads and/or administrative fees.

4.3 Customer owned entrance and service vault and/or space requirements.

4.3.1 City must have immediate operating access to electrical equipment at all times. Immediate access, for cityCity approved inside building installation, is intended to mean:

4.3.1.1 Access from outside by either a door (cityCity to have key), manhole or vault lid with no obstructions;

4.3.1.2 A security guard on location, available on a twentyfour-hour basis, with keys and access to buildings and vaults;

4.3.1.3 Disconnecting switches that can be operated outside the building or vault that will allow disconnect of the load under emergency conditions.

The cost of such switches shall be paid by customerCustomer, and shall be a nonrefundable contribution to the city’sCity’s extension construction. Design of such equipment must be approved by cityCity prior to installation.

4.3.2 Padmounted transformers and similar equipment locations must have vehicle access acceptable to cityCity, with the construction and clearances of customerCustomer installed traffic or decorative barriers subject to cityCity approval.

Access shall include a permanent unobstructed path of sufficient size and surface to accommodate trucks and crews necessary for equipment replacement. All equipment locations must be approved by the city.City.

4.3.3 Vaults and transformer locations inside of buildings shall have access to the outside in such a way that the electrical equipment can be directly set by a crane in the equipment cell or on the same level as the vault.

4.3.4 There shall be permanently flat and unobstructed access from this point to the equipment cell location. Exterior equipment access to the subsurface vaults shall be through unobstructed lift slabs at or above finish grade with vehicle access acceptable to cityCity. Access shall include a permanent unobstructed path of sufficient size and surface to support trucks and cranes necessary for equipment replacement. All vault designs and locations must be approved by cityCity.

Agenda Item 7.

4.3.5 In all vaults, internal to a building, customerCustomer will provide, at no charge to the cityCity, a telephone either inside the vault or near the entrance to the vault.

4.3.6 Customer shall not store equipment or other items in equipment rooms or vaults where electric utility equipment is located.

4.4 New underground services. Customer will supply and install service conduit, per cityCity specifications, from service stub-outs to service entrance section riser(s).

4.4.1 Single phase services. Customer shall pay a nonrefundable contribution of four dollars and forty-five cents per foot for service extension footage in excess of one hundred fifty feet. Excess footage service extensions will only be allowed, if such extension conforms to all cityCity service requirements.

4.4.2 Three phase services. Customer shall pay a nonrefundable contribution of five dollars and sixty-five cents per foot for service extension footage in excess of forth feet. Excess footage service extensions will only be allowed, if such extension conforms to all cityCity service requirements.

5. Alternate electric feeds. The cityCity will provide an alternate or loop feed to a customerCustomer as part of an extension, if requested, and provided the following requirements are met.

5.1 General requirements.

5.1.1 The customerCustomer load must be essential to public health and/or safety, as determined by the city. City.

5.1.2 All costs for an alternate feed shall be included in the extension cost and feasibility studies.

5.2 A nonrefundable contribution shall be aid by
customerCustomer/developer for any additional construction expenses required for the alternate feed.

5.3 Customer/developer shall conform to city’sCity’s underground installation and utility facility placement specifications and standards.

6. General conditions.

6.1 Voltage.

Formatted: Underline
Agenda Item 7.

6.1.1 The extension must be designed and constructed for the operation at standard voltages used by cityCity in the area in which the extension is located.

6.1.2 Only one voltage and one service line will be supplied to each customerCustomer, unless the serving of multiple voltages or service lines is beneficial to the cityCity.

6.1.3 The cityCity will provide voltages other than the nearest standard distribution voltage when one or more of the following conditions exist.

6.1.3.1 The requested voltage is more beneficial to the cityCity than additions to the standard distribution voltage in the area, such as:

6.1.3.1.1 Loads that exceed the overhead or
underground design limitations for the standard distribution voltage, as determined by the cityCity;

6.1.3.1.2 The voltage and subsequent line distribution
equipment is more economical for the cityCity, as determined by the cityCity.

6.1.3.2 The customer’sCustomer’s load requirement
(demand) is greater than onone hundred KVA “Y” (120/208 or 277/480 volts).

6.1.3.3 Customer agrees to pay a nonrefundable contribution for the special equipment, and any facility charges, if required for economic feasibility.

6.2 Three phase. Extensions of three phase service are available when a customerCustomer has installed a single piece of equipment with a seven and one-half HP (horsepower) motor or a single air conditioning unit of six tons or more, or where total connected HP of all connected three phase motors exceed twelve HP or customer’sCustomer’s total load exceeds onone hundred KVA. If less than the above HP or connect KVA is installed, cityCity may at its option, when requested by the customerCustomer, serve three-phase and require a nonrefundable contribution equal to the difference in cost between single phase and three phase construction, but in no case less than one hundred dollars.

6.3 Easements. All suitable easements or rights-of-way required by cityCity for any portion of the extension shall be furnished in city’sCity’s name by customerCustomer without cost to or condemnation by cityCity, and in reasonable time to meet proposed service requirements. All easements and rights-of-way obtained on behalf of cityCity shall contain such terms and conditions as are acceptable to the cityCity.

6.4 Ownership. Except for customerCustomer-owned facilities, all construction, including that for which customersCustomers have made advances and/or contributions, will be owned, operated and maintained by cityCity.

Agenda Item 7.

6.5 Measurement and location.

6.5.1 Any measurements used for costing of facilities must be along the proposed route of construction, as determined by the cityCity.

6.5.2 Construction is to be on public streets, roadways, highways, alleys or easements acceptable to cityCity.

6.5.3 The extension must be a branch from, the continuation of, or an addition to, one of city’sCity’s existing distribution lines.

6.6 Unusual circumstances. In unusual circumstances, as determined by the cityCity, when the application and provisions of this policy appear impractical, or in case of extensions of lines to be operated on voltages other than specified in the applicable rate structure, or in case customer’sCustomer’s requirements exceed two thousand kW, cityCity will make a special study of the conditions to determine the basis on which service may be provided.

6.7 Nonstandard construction. Where extensions of electric facilities require construction that is in any way nonstandard, as determined by cityCity, or if unusual obstructions are encountered, customerCustomer will make a nonrefundable contribution equal to the difference in cost between standard and nonstandard construction.

6.8 Abnormal loads. City, at its option, may make extensions to serve certain abnormal loads (such as: transformer type welders, x-ray machines, wind machines, excess capacity for test purposes and loads of unusual characteristics), provided customerCustomer makes a nonrefundable contribution equal to the total cost of such extensions, including transformers and services.

6.9 Relocation and/or overhead to underground conversions.

6.9.1 City will, when practical as determined by City in its sole and absolute discretion, relocate or convert its facilities for customer’sCustomer’s convenience or aesthetics, provided customerCustomer make a nonrefundable contribution equal to the total cost of relocation or conversion, including any residual value for the remove overhead facilities.

6.9.2 When the relocation or conversion is in conjunction with added revenue, as determined by the cityCity, and is not for customer’sCustomer’s convenience or aesthetics, then the cityCity may consider the cost of such relocation or conversion in its economic feasibility studies.

6.10 Changing a master meter to individual meters. City will convert its facilities from a master metered system to a permanent individually metered system at customer’sCustomer’s request, provided customerCustomer make a nonrefundable Agenda Item 7.
contribution equal to the residual value, plus the removal costs less salvage of the master meter facilities. The new facilities to serve the individual meters will be extended on an economic feasibility basis.

6.11 Change in customer’sCustomer’s service requirements. City will rebuild or revamp existing facilities to meet customer’sCustomer’s added load or change in service requirements based on upon an economic feasibility study. If the estimated additional revenue from such upgrades or changes pays the city’sCity’s total construction costs within five (5) years for residential customersCustomers, and two (2) years for commercial customersnonresidential Customers, then such upgrades or changes shall be completed free of charge for the customerCustomer. If the upgrades or changes do not provide adequate revenues, then the customerCustomer shall make a nonrefundable contribution to the cityCity for the total cost of construction. The cityCity reserves the right to refuse such rebuild or revamp requests, when such requests are not consistent with the terms and conditions for the sale of electric services, or the city’sCity’s electrical engineering standards. Residential service entrance equipment upgrades or rebuilds are exempt from these requirements.

6.12 Design deposit. Any applicant requesting cityCity to prepare detailed plans, specifications or cost estimates may be required to deposit with cityCity an amount equal to the estimated costs of preparation. Where the applicant authorizes cityCity, within twelve (12) months of the completed estimate, to proceed with construction of the extension, the deposit shall be credited to the cost of construction; otherwise the deposit shall be nonrefundable. City will prepare without charge, a preliminary sketch and rough estimate of the costs to extend electric service to a project upon request.

7. Footage basis extensions.

7.1 General policy. Footage basis extensions may be made only if all of the following conditions exist:

7.1.1 Applicant shall be a new permanent residential
customerCustomer or group of new permanent residential customersCustomers. A customerCustomer shall be considered permanent when:
(a) Service will be rendered to the customerCustomer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service; and (d) The meter will be installed within thirty (30) days after completion of the extension.

Commented [RT12]: Update to cost of development.

Agenda Item 7.

7.1.2 The extension cannot exceed seven hundred fifty (750) feet per customerCustomer to be connected, not a total extension distance of two thousand five hundred feet.

7.1.3 The extension must be along the shortest practical route to the nearest practical point of delivery on each customerCustomer premises, as determined by cityCity.

7.1.4 The estimated construction cost, including transformers and services, cannot exceed fifteen thousand dollars. Fifteen Thousand Dollars ($15,000).

7.2 Free extensions. The extension, (if the conditions specified in Sectionsection 7.1 are met and the total extension does not exceed seven hundred fifty (750) feet per new permanent residential customerCustomer, or a maximum of two thousand five hundred (2,500) feet for the entire extension, or fifteen thousand dollars),Fifteen Thousand Dollars ($15,000)), will be constructed at no cost by the city.

City.

7.3 Extensions over the free distance. Extensions over the free distance.

Extensions which meet the conditions specified in Sectionsection 7.1, but which exceed the free distance in Sectionsection 7.2, may still qualify for a footage basis extension provided the customerCustomer or customersCustomers sign an extension agreement and advance the cost of such additional footage.

7.4 Advances are subject to refund.

7.5 Real estate developments are not eligible for this footage basis extensions.

8. Economic feasibility basis extensions.

8.1 General policy. Economic feasibility basis extensions may be made only if all of the following conditions exist:

8.1.1 Extension shall be for a new permanent customerCustomer or group of new permanent customersCustomers. A customerCustomer shall be considered permanent when:
(a) Service will be rendered to the customerCustomer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
Agenda Item 7.
(d) The meter will be installed within thirty (30) days after completion of the extension.

8.1.2 The total extension is determined to be economically feasible for the cityCity, as defined in Sectionsection 8.2.

8.1.3 Customer pays total extension costs in advance of scheduling construction, including transformers, metering and services.

8.2 Extension qualifications. Extensions shall be allowed, when the conditions in Sectionsection 8.1 are met and the extension is determined to be economically feasible by the cityCity. Economic feasibility shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide and adequate rate of return on investment to the cityCity.

8.3 Extensions not qualifying. City, at its option, may extend its facilities to customersCustomers whose use does not satisfy the economic feasibility requirements of Sectionsection 8.2, provided such customersCustomers sign an extension agreement and agree to pay a special rate or an annual facilities charge to make the facilities economically feasible.

8.4 Advances are subject to refund.

Agenda Item 7.

9. Responsible resource development basis (residential real estate developments only).

9.1 General policy. The responsible resource development basis extension is structured to encourage total resource management and conservation equipment, applications and appliances in residential real estate developments being served by the cityCity. The qualifications for the responsible resource development basis are periodically modified to ensure that the criteria being used represent the current energy, water and wastewater standards and technologies within the utility and home building industries. Since the responsible resource development extension involves cityCity financial participation, the developer may be required to provide additional development and/or financial information prior to the approval of the extension. Responsible resource development basis extensions are available only if all of the following conditions exist:

9.1.1 The residential development being developed is for new permanent residential customersCustomers: A customerCustomer shall be considered permanent when:
(a) Service will be rendered to the customerCustomer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
(d) The meter will be installed within thirty (30) days after completion of the extension.

9.1.2 When fully developed, the electric extension(s) inside the development, shall not exceed five hundred (500) feet per permanent customerCustomer, including service line footage.

9.1.3 The final development and/or phase of the development is determined to be economically feasible by the cityCity. “Economic feasibility” shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide an adequate rate of return on investment to the city. City.

9.1.4 The developer agrees to meet the responsible resource development basis equipment, appliance and application requirements for electric , water and wastewater in each residence and common area or amenity facilities.

9.1.5 The developer agrees to provide, if requested, any information needed to assess the project’s feasibility, developer’s financial ability, developer’s business or development history, and/or the developer’s plans for the project.

Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 1"
Formatted: Indent: First line: 1.5"
Agenda Item 7.

9.1.6 Developer pays a nonrefundable contribution for the construction of the electric, water, wastewater facilities to the property line of the development, and for any unusual or nonstandard construction requirements inside the development.

9.1.7 The development is total electric, except for alternate energy services which may be provided or approved by the cityCity.

9.1.8 The developer agrees to advertise the development with point of purchase displays, and to include the city’sCity’s responsible resource development program name and logo on all signs and other advertising materials at developer’s cost.

9.2 Extension qualifications. An extension shall be qualified when the conditions in Sectionsection 9.1 have been met and agreements executed.

9.3 Extensions not qualifying. If an extension does not qualify or is not accepted, it may be evaluated at developer’s request to determine if it qualifies for the economic feasibility basis.

9.4 Benefits provided developers who qualify for a responsible resource development basis extension.

9.4.1 Developer will not be required to advance construction money for the installation of electric facilities within the development, except as required in Sectionsection 9.5 and 9.6.

9.4.2 The cityCity will respond to requests for installation of extensions, service and/or meters to homes, condominiums, apartments and/or mobile homes within the development with priority service.

9.4.3 The cityCity may provide advertising materials, incentives and/or other support to the developer, if the developer agrees to use the promotional materials to help explain and promote the advantages of buying a home or lot that has been approved for a responsible resource development basis extension.

9.5 Extensions to developer built home, condominium, apartment and mobile home developments.

9.5.1 Developer shall submit individual home, condominium, apartment and/or mobile home constructions plans, appliances and insulation details to the cityCity for review and approval. If the plans meet the responsible resource development basis criteria, the cityCity will prepare the electric extension design and an agreement to construct electric distribution facilities, which must be executed prior to extension construction.

Agenda Item 7.

9.5.2 The developer shall make a nonrefundable construction advance for the installation of electric facilities to the property line of the development . the. The ending point of this extension shall be the beginning point for the extension within the development. The developer will not be required to advance construction money for the installation of electric facilities within the development, if the following conditions exist:

9.5.2.1 A development construction plan has been submitted to and accepted by the cityCity. The plan may request the development be built in phases or stages. If phases or stages are approved, the developer must agree to any required construction to ensure proper termination of electric facilities, even if such construction is beyond phase boundaries.

9.5.2.2 The construction of homes, condominiums,
apartments and/or mobile homes must be planned to begin no further than five hundred (500) feet from the beginning point of the extension within the development, and shall continue to be constructed so no extension to serve an individual home, condominium, apartment or mobile home shall be further than five hundred (500) feet from the existing electric equipment or facilities from which the extension begins. If the extension is further than five hundred (500) feet from the existing electric facilities, the developer shall pay a nonrefundable per foot charge of five dollarsFive Dollars and eighty-five cents,Eighty-Five Cents ($5.85), for the additional footage.

9.5.2.3 Developer shall install and maintain electric conduit, equipment pads, vaults and similar equipment until electric facilities are installed by the utility. Maintenance shall include replacement of damaged or “plugged” conduits, equipment pads, vaults and similar equipment. The developer shall reimburse the cityCity for any repairs or replacements made by the cityCity during construction because of damage or “plugged” equipment. The cityCity may, but shall not be obligated to, make such repairs or replacement while installing facilities.

9.5.2.4 The construction of the underground conduit system must be completed, inspected and approved prior to installation of electric facilities to serve any home, condominium, apartment or mobile home.

9.5.2.5 All installations must be according to cityCity specifications and requirements.

9.6 Extensions to lot sales only subdivision.

9.6.1 Developer shall require lot purchasers to meet or exceed the responsible resource development basis criteria, in effect at time of residence is constructed, for equipment, appliances and applications by establishing such criteria as part of the development conditions, covenants and restrictions. The developer shall also provide each individual purchaser with information on the equipment, appliance and application criteria required for building on the lot prior to close of escrow.

Agenda Item 7.

9.6.2 The developer shall make a nonrefundable contribution for the installation of electric facilities to the property line of the development. The ending point of this extension shall be the beginning point for the extension within the development.

The developer will not be required to advance construction money for the installation of electric facilities within the development, if the following conditions exist:

9.6.2.1 A development construction plan has been submitted to and accepted by the cityCity. The plan may request the development be built in phases or stages. If phases or stages are approved, the developer must agree to any required construction to ensure proper termination of electric facilities, even if such construction is beyond phase boundaries.

9.6.2.2 The construction of homes, condominiums,
apartments and/or mobile homes must be planned to begin no further than five hundred (500) feet from the beginning point of the extension within the development, and shall continuedcontinue to be constructed so no extension to serve an individual home, condominium, apartment or mobile home shall be further than five hundred (500) feet from the existing electric equipment/facilities form which the extension begins. If the extension is further than five hundred (500) feet from the existing electric facilities, the developer shall pay a nonrefundable per foot charge of five dollarsFive Dollars and sixtyfive cents,Eighty-Five Cents ($5.85), for additional footage.

9.6.2.3 Developer shall install and maintain electric conduit, equipment pads, vaults and similar equipment until electric facilities are installed by the utility. Maintenance shall include replacement of damaged or “plugged” conduits, equipment pads, vaults and similar equipment. The developer shall reimburse the cityCity for any repairs or replacements made by the cityCity during construction because of damage or “plugged” equipment. The cityCity may, but shall not be obligated to make such repairs or replacement while installing facilities.

9.6.2.4 The construction of the underground conduit system must be completed, inspected and approved prior to installation of the electric facilities to serve any home, condominium, apartment or mobile home.

9.6.2.5 All installations must be according to cityCity specifications.

10. Economic development basis.

10.1 General policy. The economic development basis is structured to encourage business development in areas being served by the cityCity. The qualifications for economic development extensions are periodically modified to ensure the general economic development philosophies of the community are being maintained. Since economic development extensions usually involve cityCity financial participation, the developer may be required to provide additional information prior to the approval of the Agenda Item 7.
extension. Economic development extensions are available only if all of the following conditions exist:

10.1.1 Applicant will be new permanent customerCustomer or group of new permanent customersCustomers. A customerCustomer shall be considered permanent when:
(a) Service will be rendered to the customerCustomer for a period greater than twelve months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
(d) The meter will be installed within thirty (30) days after completion of the extension.

10.1.2 The total extension is determined to be economically feasible for the cityCity. “Economic feasibility” shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide an adequate rate of return on investment to the cityCity.

10.1.3 The development meets the economic development basis qualifications, as determined by the board of public utilities and city councilUtilities Board and City Council.

10.1.4 The customerCustomer/developer requests the extension be completed using the economic development basis.

10.1.5 The customerCustomer/developer agrees to provide, if requested by either the councilCity Council or the utility boardUtilities Board, any information needed to assess the project’s feasibility, customer’sCustomer’s/developer’s financial ability, customer’sCustomer’s/developer’s business or development history, and/or the customer’sCustomer’s/developer’s plans for the project.

10.1.6 Customer/developer pays any required advance for construction.

10.2 Extension qualifications. Extensions shall be allowed when the conditions in Sectionsection 10.1 have been met and approval for an economic extension is granted by the board of public utilitiesUtilities Board and city councilCity Council.

10.3 The benefits provided to a customerCustomer/developer form the economic development basis shall be determined on an individual application basis by the board of public utilities and city council.City Council.

Agenda Item 7.

10.4 Extensions not qualifying. If an extension does not qualify or is not accepted by the board of public utilities or the city council, the customerCity Council, Customer/developer may request an economic feasibility basis extension.

11. Doubtful permanency basis.

11.1 Extensions shall be made on a doubtful permanency basis, when in the city’sCity’s opinion the customer’sCustomer’s application for service is not expected to be permanent, but is expected to be an active customerCustomer for more than twelve consecutive months. Doubtful permanency customersCustomers will be required to advance the total construction and removal cost, less any salvage value of the extension.

Refunds of such advances will be calculated using the economic feasibility refund criteria.

11.2 Extensions to mobile or modular housing shall be completed on the doubtful permanency basis, unless the customerCustomer has:

11.2.1 Sewer or septic system installed;

11.2.2 Permanent water system installed;

11.2.3 Electric service entrance equipment installed.

12. Settlement of disputes. Any dispute between customerCustomer or prospective customerCustomer and cityCity regarding the interpretation of these conditions governing extensions of electric distribution lines and services may, by either party, be referred to the board of public utilities for determination.

13. Interest. All advances made by customerCustomer to cityCity in aid of construction shall be noninterest bearing.

14. Extension agreementsAgreements. All line extensions requiring payment by customerCustomer shall be in writing and signed by both the customerCustomer and cityCity. (Ord. 404-AC.)
Article III.

Terms and conditions. Subject to City of Needles terms and conditions for the sale of electric services.

Sec. 6C-3-2B. Rate Two--General service.

Availability. In all territory saved by the city at all points where facilities of adequate capacity and the required phase and suitable voltages are adjacent to the premises served.

Formatted: Underline
Commented [RT13]: Can this be removed?
Agenda Item 7.

Application. To all electric service required when such service is supplied at one point of delivery and measure through one meter. For those service locations where electric service has historically been measured through two meters, when one of the meters was installed pursuant to a City of Needles rate schedule no longer in effect, the electric service measures by such meters shall be combined for billing purposes.

No applicable to breakdown, standby, supplementary, single family residential or resale service nor to service for which general service rate schedule is not applicable.

Type of service. Single or three phase, sixty hertz, at one standard voltage as may be selected by customer subject to availability at the customer’s premises. Three phase service is furnished under city’s standard rules covering line extensions. Three phase service is not furnished for motors of an individual rated capacity of less than seven and one-half HP, except for existing facilities or where total aggregate HP of all connected three phase motors exceed twelve HP. Three phase service is required for motors of an individual rated capacity of more than seven and one-half HP. Transformation equipment is included in cost of extension.

Monthly bill. The monthly bill shall be the greater of the amount computed under A or B, below, including the applicable adjustments.

C. Adjustments. Plus the applicable proportionate part of any taxes, or governmental impositions which are or may in the future be assessed on the basis of gross electric service revenues of the city and/or the price or revenue from the electric energy or service sold and/or the volume of energy generated or purchased for sale and/or sold hereunder.

Special conditions. (1) The connected load for electric service will be the total rated capacity of all of the customer’s electrical equipment. For motors, the nameplate rating in horsepower (HP) will be used to determine the connected load. One horsepower (HP) will equal one Kw. Total connected load may also be a computed value based upon service entrance section equipment and/or industry averages or similar type of information.

Power factor rate adjustment. Where customers have a connected load of fifty horsepower or more, charges for energy shall be adjusted based upon a weighted monthly average power factor.
(1) If the customer’s connected loads consists of fifty horsepower or more, then the city shall set a meter to measure the reactive kilovolt-ampere (Kva) hours, in addition to the kilowatt hour (Kwh) meter. The power factor ration shall be computed form the ratio of the Kva hours to the monthly Kwh hours and rounded to the nearest whole percentage. In a case, where the power factor is likely to be leading, the Kva meter shall be ratcheted to prevent reversal.
(2) If the power factor exceeds eighty percent, bills will be reduced by 0.3 percent for each one percent of such excess up to and including ninety percent power factor, and by 0.2 percent for each one percent of such excess over ninety percent power factor. However, the total charge after power factor adjustment shall never be less than the minimum bill.
(3) If the power factor is less than sixty-five percent, bills shall be increased by 0.5 percent for each one percent of such deficiency in power factor. The maximum increase shall not exceed five percent.

The total charge after power actor adjustment shall never be less than the minimum bill.

Agenda Item 7.

Terms and conditions. Subject to City of Needles terms and conditions for the sale of electric service.

Agenda Item 7.

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Agenda Item 7.

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Agenda Item 7.

CHAPTER 6C

ELECTRIC RATES
Sections
Article 6C-1 TERMS AND CONDITIONS FOR THE SALE OF ELECTRIC SERVICES Article 6C-2 CONDITIONS GOVERNING THE EXTENSION OF ELECTRIC

DISTRIBUTION AND SERVICES
Article 6C-1
Sec. 6C-1-1. Terms and conditions for the sale of electric services. The following terms and conditions and any changes authorized by the City of Needles City Council or law will apply to the sale of electric services under the established rate or rates authorized by the City Council and currently applicable at time of sale. The rates included in this Chapter 6C may be amended by resolution of the City Council after a duly noticed public hearing, which amended rates shall supersede the rates included in this Chapter 6C to the extent inconsistent therewith. For purposes of Chapter 6C, City of Needles and the Needles Public Utilities Authority (“NPUA”) are sometimes collectively referred to as “City”.

1. General.

1.1 Electric service will be supplied in accordance with these terms and conditions, any changes required by City or law, and such applicable rate or rates as may from time to time be authorized by City. However, in the case of a Customer whose service requirements are of unusual size or characteristics, additional or special rate and contract arrangements may be required.

1.2 These terms and conditions shall be considered a part of City rate schedules except where specifically changed by written agreement by City.

1.3 In case of conflict between any provision of a rate schedule and these terms and conditions, the provisions of the rate schedule shall apply.

1.4 The failure of City to insist upon strict performance of any of the provisions in the terms and conditions, or to exercise any of the rights or remedies provided in the terms and conditions, or any delay in the exercise of any of the rights or remedies, shall not release Customer from any responsibilities or obligations imposed by law or by the terms and conditions, and shall not be deemed a waiver of any rights of City to insist upon strict performance of the terms and conditions.

Agenda Item 7.

2. Establishment of service.

2.1 Application for service. Customer requesting electric service may be required to appear at City’s place of business to produce proof of identity and sign City’s standard form of application for service or a contract before service is supplied by City.

Customers must provide a lease or Grant Deed to have service established.

2.1.1 In the absence of a signed application or contract for service, the supplying of electric service by City and acceptance thereof by Customer shall be deemed to constitute a service agreement by and between City and Customer for delivery, acceptance of, and payment for service, subject to City’s applicable rates and rules and regulations.

2.1.2 For purposes of any amount owed to City that is not more than four (4) years old, City shall have the right to collect the full amount owed City by any or all of the applicants prior to establishment of service.

2.2 Service establishment charge. A service establishment charge, determined by the cost of providing residential or nonresidential electric service, will be assessed each time City is requested to establish, reconnect, or reestablish electric service to Customer’s delivery point. Billing for the service establishment charge may be rendered as part of Customer’s first bill.

2.2.1 Customer will be required to pay the above appropriate service establishment charge and an after-hours charge as established by the cost of services should Customer request service be established during a period other than regular working hours.

2.3 Grounds for refusal of service. City may refuse to establish or reestablish service if any of the following conditions exist:

2.3.1 Applicant has an outstanding amount due to City that is not more than four (4) years old and is unwilling to make payment.

2.3.2 A condition exists, which in City’s judgment, is unsafe or hazardous.

2.3.3 Applicant has failed to satisfy the security deposit requirements set forth by City as specified in section 2.6.

2.3.4 If Applicant has previously engaged in conduct that constitutes, but not limited to, a material violation of City’s applicable rate schedules, rules, or regulations.

Agenda Item 7.

2.3.5 If Applicant does not furnish the necessary funds, service entrance equipment, easements, or rights-of-way that have been specified by City as a condition for providing service.

2.3.6 Applicant falsifies his or her identity for the purpose of obtaining service.

2.3.7 Service is already being provided at the address for which Applicant is requesting service.

2.3.8 If service at the same address has previously been terminated for nonpayment, and a delinquent balance on that account less than four (4) years old remains outstanding. This restriction applies when the prior account holder continues to reside at the premises with Applicant.

2.3.9 A prior customer was terminated for any of the below reasons and continues to reside on the premises for which Applicant requests service. (a) City has evidence of meter tampering or fraud.
(b) Failure to pay a delinquent bill for utility service. (c) Failure to maintain deposit requirements.
(d) Failure to pay for a bill to correct a previous underbilling. (e) Failure to comply with curtailment procedures imposed by the City during supply shortages.
(f) Failure to provide reasonable and safe access to City’s equipment and property.
(g) Breach of written contract between City and Customer.

2.3.10 Applicant has failed to obtain all required permits and/or inspections indicating that applicant’s facilities comply with local construction and safety codes.

2.4 Establishment of residential credit or security deposit.

2.4.1 Residential establishment of credit. City shall not require a security deposit from a new Applicant for residential electric service if Applicant is able to meet any of the following requirements:

2.4.1.1 Applicant has had service of a comparable nature with City at another service location within past two (2) years and was not delinquent in Agenda Item 7.
payment to any utility during the last twelve (12) consecutive months, or disconnected for nonpayment, or has not had an unpaid final bill.

2.4.1.2 Applicant can provide a letter regarding credit or verification from an electric utility where service of a comparable nature was received within the last two (2) years. The letter must state that: (i) the Applicant maintained a satisfactory payment history at the time service was discontinued; and (ii) the service was provided for a continuous period of at least twelve (12) consecutive months. Satisfactory payment history shall mean no delinquent payments during the last twelve (12) consecutive months of service.

2.4.1.3 Applicant provides a guarantor, satisfactory to the City, to secure payment of bills for the service being requested. Guarantor must be a City of Needles resident with no delinquent payments during the last twenty-four (24) months. .

2.4.2 Residential establishment of security deposit. When credit cannot be established as provided for in section 2.4.1 hereof or when it is determined that applicant left an unpaid final bill owing to another utility, applicant may be required to place a cash deposit to secure payment of bills for service.

2.5 Establishment of nonresidential credit or security deposit.

2.5.1 Nonresidential establishment of credit. Customer(s) must provide a lease or Grant Deed to have service established. City shall not require a security deposit from a new Applicant for nonresidential electric service if applicant is able to meet any of the following requirements:

2.5.1.1 Applicant shall have maintained service of a
comparable nature with City, or with another service provider, for a minimum period of one (1) year within the preceding two (2) years, and shall not, during the twelve (12) consecutive months immediately preceding application, have been delinquent in the payment of any utility charges, disconnected for nonpayment, or subject to an unpaid final bill.

2.5.1.2 Applicant shall provide a letter of credit or verification from the electric utility with which service of a comparable nature was most recently maintained, which letter shall state that the Applicant had a satisfactory payment history at the time of discontinuance of such service, and that such service was maintained for a minimum of twelve (12) consecutive months.

2.5.2 Nonresidential establishment of security deposit. All nonresidential Customers may be required to:

2.5.2.1 Place a cash deposit to secure the payment of bills for service as prescribed herein, or
Agenda Item 7.

2.5.2.2 Provide a non-cash security deposit in the form of a surety bond, an irrevocable letter of credit, or an assignment of funds, in an amount equal to the required security deposit. Large Commercial Customers shall be subject to section

2.7.3 and shall maintain a security deposit on file with City at all times during the term of service. For purposes of Chapter 6C, a Large Commercial Customer shall mean a nonresidential Customer occupying a building or service space of twenty thousand (20,000) of more in the City of Needles.

2.6 Re-establishment of security deposit.

2.6.1 Residential. City may require a residential Customer to establish or reestablish a security deposit if Customer becomes delinquent or if the Customer has been disconnected for nonpayment during the last twelve (12) months, or when Customer’s financial condition may jeopardize the payment of their bill as determined by a bankruptcy filing.

2.6.2 Nonresidential. City may require a nonresidential Customer to establish or reestablish a security deposit under any of the following circumstances: (i) Customer has become delinquent in payment; (ii) Customer has been disconnected for nonpayment within the preceding twelve (12) months; or (iii) Customer’s financial condition is determined, on the basis of a credit investigation, notice of financial reorganization, or bankruptcy filing, to jeopardize the timely payment of amounts due.

Large Commercial Customers shall be subject to section 2.7.3 and shall maintain a security deposit on file with City at all times during the term of service.

2.7 Security deposits.

2.7.1 A residential Customer shall be required to provide a cash security deposit in an amount equal to one and one-half (1.5) times the highest monthly bill incurred by the prior customer at the residence during the months of June through September, or one hundred fifty dollars ($150.00), whichever amount is greater.

2.7.1.1 Deposits will automatically be refunded after twelve (12) months of service, provided Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the previous twelve (12) consecutive months, unless Customer has filed bankruptcy.

2.7.2 Nonresidential security deposits may be either cash or noncash, as described in 2.7.2.1, and shall be in the amount of two and one-half (2.5) times the previous Customer’s highest monthly bill (June through September) at the nonresidential location where the new account is established.

2.7.2.1. All cash and noncash security deposits held for non residential customers, excluding Large Commercial Customers which are addressed in section 2.7.3 below, by City shall be reviewed upon Customer’s completion of twenty-four Agenda Item 7.
(24) months of service. Such deposits shall be refunded or released, provided that Customer has not been delinquent in the payment of bills or disconnected for nonpayment during the preceding twelve (12) consecutive months, unless Customer’s financial condition, as determined by City, warrants the continued retention of the security deposit.

Deposits not refunded or released at the conclusion of the initial twenty-four (24) month period shall be reviewed annually thereafter to determine whether Customer qualifies for the return or release of the deposit.

2.7.3 Deposits for Large Commercial Customers may be provided in cash or noncash, in a form acceptable by City, and shall be in the amount of eighty thousand dollars ($80,000) for each twenty thousand (20,000) square feet of building space. Such deposits shall remain on file for a minimum period of three (3) years, after which they may be replaced with a security bond. All security bonds shall be subject to renewal, with satisfactory assurance of renewal provided to City. The cash or noncash security deposits for Large Commercial Customers shall be on file with City during the term of service.

2.7.4 City reserves the right to increase or decrease the security deposit amount when Customer’s average consumption changes by more than ten percent (10%) for residential accounts within the twelve (12) consecutive month period and five percent (5%) for nonresidential accounts within the twelve (12) consecutive month period. Separate security deposits may be required for each location.

2.7.5 Customer security deposits shall not preclude City from terminating an agreement for service or suspending service for any failure in the performance of Customer obligations under an agreement for service.

2.7.6 Cash deposits held by City shall not earn interest. Deposits on inactive accounts may be applied to the final bill and the balance, if any, will be refunded to Customer of record within sixty (60) days.

2.7.7 If Customer terminates service with City, the security deposit may be credited to Customer’s final bill.

2.7.8 In implementing the foregoing provisions, City shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

2.8 Line extensions. Installations requiring City to extend its facilities in order to establish service will be made in accordance with City’s conditions governing extensions of electric distribution lines and services.

Agenda Item 7.

3. Rates.

3.1 Rate information. City shall provide a copy of the rate schedule to the Customer, when requested. In addition, City shall notify Customers of any change in rate schedules affecting those Customers.

3.2 Rate selection. Customer’s service characteristics and service requirements determine the selection of the applicable rate schedule. City will use reasonable care in initially establishing service to the Customer under the most advantageous rate schedule applicable to the Customer. However, because of varying Customer usage patterns and other reasons, City cannot guarantee that the most economic applicable rate will be applied. City will not make any refunds in any instances where it is determined that Customer would have paid less for service had Customer been billed on an alternate applicable rate or provision of a rate.

4. Billing and collection.

4.1 Customer service installation and billing. Service billing periods normally consists of approximately thirty (30) days unless designated otherwise under the rate schedules or at City option.

4.1.1 Customer service installations will normally be arranged to accept only one type of standard service at one point of delivery to enable service measurement through one meter. If Customer requires more than one type of service, or total service cannot be measured through one meter according to City’s normal practice, separate meters will be used and separate billing rendered for the service measured by each meter.

4.1.2 City shall ordinarily install a separate meter and issue a separate bill for each individual premise. However, adjacent and contiguous premises that are not separated by private or public property or right-of-way, and that are operated as a single, integrated unit under the same name and as part of the same business enterprise, shall be deemed a single premise for purposes of metering and billing.

4.1.3 When regular, accurate meter readings are not available or the electric usage has not been accurately measured, City may estimate Customer’s energy usage for billing purposes on the basis of information including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and general characteristics of Customer’s load and operation.

4.1.4 In the event a meter error is discovered through a meter test, City may issue an adjusted bill to Customer for the amount of any undercharge and shall provide Customer with a refund or credit for the amount of any overcharge. Such adjustment bill shall be computed as follows:

Agenda Item 7.

4.1.4.1 Fast meter. If a meter is registering more than two percent (2%) fast, City shall refund to Customer the amount of the overcharge based on the corrected meter readings or the utility’s estimate of the energy usage either for the known period of the meter error or, if the period of error is not known, for the period during which the meter was in use, in either situation for a period not exceeding one (1) year.

4.1.4.2 Slow meter. If a meter for residential service is registering more than twenty-five percent (25%) slow, or a meter for any other class of service is registering more than two percent (2%) slow, City may bill Customer for the amount of the undercharge based on corrected meter readings or City’s estimate of the energy usage either for the known period of meter error or, if the period of the meter error is not known, for the period the meter was in use, in either situation the billing shall not exceed three (3) months for residential service and one (1) year for any other class of service.

4.1.4.3 Nonregistering meter. If a meter is found to be nonregistering, City may bill Customer for the amount of the underbillings based on City’s estimate of the electric service used but not registered, for a period not exceeding one year.

4.1.5 Adjustment of bills for billing error.

4.1.5.1 A billing error is an error by City which results in incorrect billing charges to Customer. Billing errors may include incorrect meter readings or clerical errors by a City representative such as applying the wrong rate, wrong billing factor or an incorrect calculation. Billing error does not include a meter error or unauthorized use, nor any error in billing resulting from the meter dial “pegging” or being over if caused by other than City, switched or mismarked meters by other than City, improper Customer wiring, blown fuse in one energized conductor, inaccessible meter, failure of Customer to notify City of changes in Customer’s equipment or operation, or failure of Customer to take advantage of a rate or condition of service which Customer is eligible.

4.1.5.2 Where City overcharges or undercharges a Customer as the result of a billing error, City may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to Customer for the amount of the overcharge, for the period of the billing error, but not to exceed three (3) years in the case of an overcharge, and, in the case of an undercharge not to exceed three (3) months for residential service and one (1) year for any other class of service.

4.2 Collection policy. The following collection policy shall apply to all Customer accounts:

4.2.1 All bills rendered by City are due and payable no later than nineteen (19) days from the billing date. Any payment not received within this time frame shall be considered past due. Bills for which payment has not been received within ten Agenda Item 7.
(10) days of the past due date will be considered delinquent. All delinquent bills shall be subject to the provisions of City’s termination procedure. City reserves the right to suspend or terminate Customer’s service for:
(a) Nonpayment of delinquent service bills;
(b) Nonpayment of service establishment charges;
(c) Nonpayment of security deposits;
(d) Nonpayment of meter test charges;
(e) Nonpayment of returned check charges;
(f) Nonpayment of late charges;
(g) Nonpayment of collection charges; and/or
(h) Declare past due service bill amounts, past due service establishment charges, past due security deposits, past due meter test charges, past due returned check charges, and past due collection charges subject to a late charge at the rate of eighteen percent (18%) per annum.
. 4.2.2 If a Customer maintains one (1) or more utility services with City and any such service is terminated for nonpayment, and Customer fails or refuses to make satisfactory payment arrangements with City, City shall be entitled to transfer, without notice to Customer, the unpaid balance of the terminated service(s) to any other active account of Customer. In addition, unpaid balances on active accounts may be transferred, without notice to Customer, to any other active account of Customer if Customer refuses to pay. Failure to pay the active account following such transfer shall result in the suspension or termination of service under that account. Notwithstanding the foregoing, residential electric service shall not be discontinued solely due to nonpayment of other classes or types of electric service.

4.3 Responsibility for payment of bills. Customer is responsible for the payment of bills for energy use recorded by the meter or estimated by City, until service is ordered discontinued, and City has had two (2) working days’ time to secure a final meter reading.

4.3.1 When an error is found to exist in the billing rendered to Customer, City will correct such an error to recover or refund the difference between the original billing and the correct billing. Such adjusted billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Any refunds to Customers resulting in adjusted billings will be made promptly upon discovery by City.

Under billings by City shall be billed to Customer who may be given up to one (1) year to pay if the underbilling is less than One Thousand Dollars ($1,000.00), and up to one (1) year and six (6) months to pay if underbilling is more than One Thousand Dollars ($1,000.00), without late payment penalties.

4.4 Returned checks. If City is notified by Customer’s bank that a check tendered by Customer will not be honored, Customer shall be required to remit payment Agenda Item 7.
in cash, by money order, certified check, or by such other means as will guarantee payment to City.

4.4.1 Customer shall be charged a fee of Twenty-Five Dollars ($25.00) for the 1st occurrence and Thirty-Five Dollars ($35.00) for any occurrence thereafter for each instance where Customer tenders payment of a bill with a check which is not honored by Customer’s bank.

4.4.2 The tender of a dishonored check shall in no way:
(a) Relieve Customer of the obligation to render payment to City under the original terms of the bill; or
(b) Defer City’s right to terminate service for nonpayment of bills.

4.5 Collection charge.

4.5.1 If a termination of service is required at the site of the equipment other than the meter, a reconnection charge established by City’s cost of services fee schedule must be paid before service re-establishment. Customer shall be billed the normal service establishment charge in addition to the above reconnect charge on the next month’s billing.

4.5.2 To avoid discontinuation of service, Customer may make payment in full, including any necessary deposit in accordance with section 2.5 or City, at its sole option, may make acceptable payment arrangements.

4.6 Payment assistance and counseling. City will provide the following services to residential Customers unable to pay their bills.

4.6.1 City will offer an installment payment plan to allow Customer to amortize past due and current amounts over a reasonable period of time. A Customer who defaults on an installment payment plan may not qualify for future installment payment arrangements. If a Customer does not comply with the terms of a payment arrangement, services will be automatically terminated without further notice. In order to reconnect service, the full amount owed must be paid.

4.6.2 Customer making payments on an installment payment plan must keep the account current as charges for service accrue.

4.6.3 City will furnish Customer, upon request, information on the availability of alternate sources of financial assistance.

4.6.4 A permanent payment due date shall be offered to residential Customers only. Residential Customers may elect a permanent payment date, which extends the utility bill due date beyond the standard nineteen (19) days from issuance.

Agenda Item 7.

All nonresidential Customers shall remain subject to the standard nineteen (19) day due date for payment of their utility bills.

4.7 "STOP LOSS / MAXIMUM DELINQUENCY/COLLECTION POLICY"

4.7.1 Stop-Loss Maximum. A "stop-loss" maximum amount equal to one (1) month's billing period is hereby established. Once a Customer’s account reaches the stop-loss maximum amount, City shall provide the Customer with a warning as set forth in the Terms and Conditions for the various utilities established by City and as may be amended from time to time. The warning notice shall provide Customer with ten (10) days to pay the past due amount. If payment of the delinquent amount cannot be made in full within the ten (10) day period, Customer shall have the ability within that period to enter into an amortization agreement ("Payment Agreement") with City, agreeing and acknowledging that Customer's account must be kept current and that the past due amount must be paid in equal monthly installments over a period of six (6) to twelve (12) month period dependent on Customer's ability to pay. If payment installments are not paid as set forth in the Payment Agreement, Customer's utilities will be disconnected immediately and without further notice. A Payment Agreement shall only be offered to a Customer if such Customer has not defaulted on a prior Payment Agreement within the previous twelve (12) month period. If a Customer is on an active Payment Agreement and defaults thereon, a new Payment Agreement cannot be authorized and the full amount past due must be paid before services can be restored.

4.7.2 Restoring Services. Before the utilities may be restored, Customer shall be required to pay one-half (1/2) of the amount in arrears; however, in the event the account is in the "final status" (the final bill has been prepared and the Customer's deposit(s) have been applied to the outstanding balance), Customer shall be required to pay a new deposit in an amount as set forth in the Terms and Conditions.

Customer shall also execute a separate Payment Agreement in which Customer agrees and acknowledges that Customer's account must be kept current and that the balance (the remaining one-half (1/2) of the amount in arrears) shall be paid in equal monthly installments over a period set in section 4.7.1. Customer shall further acknowledge and agree that service may be discontinued immediately, without further notice, if payment installments are not paid as set forth in the Payment Agreement and/or the current bill is not paid timely.

4.7.3 Collections. If services have been disconnected as a result of non-payment, and (1) Customer does not reactivate said services, and (2) the bill is in the final status, the final bill will be sent to a collections agency. City refers customarily refers delinquent accounts to a collection agency every six (6) months.

4. 7 .4 Deposits. A deposit or a letter of credit is required when a Customer is initiating electric service as set forth in the Terms and Conditions. In the event Customer receives two (2) late notices within a twelve (12) month period, a deposit will be required for continuation of service. City will provide Customer with written notice that a deposit, in the Agenda Item 7.
amount equal to two (2) times Customer's highest monthly bill during the previous twelve (12) month period, is due. The amount of the deposit due will be added to Customer's next utility bill. City will refund the deposit to the Customer after it has received twelve (12) months of timely payments from the Customer. City will refund the deposit to the residential Customer after it has received twelve (12) months of timely payments, and two (2) years for all other nonresidential Customers. The security deposit for Large Commercial Customers as set forth in section 2.7.3 shall be on file with City during the term of service.

4.7.5 Subsequent Deposit. In the event that, after the deposit has been refunded to Customer, Customer receives two (2) late notices within a twelve (12) month period, a subsequent/new deposit will be required for continuation of service. City will provide Customer with written notice that a new deposit, in the amount equal to two (2) times Customer's highest monthly bill during the previous twelve (12) month period, is due. The amount of the new deposit due will be added to Customer's next utility bill. City will refund the deposit to Customer after City has received twelve (12) months of timely payments from Customer. (596-AC)

5. Service responsibility of City and Customer.

5.1 Responsibility -- Use of service or apparatus. City and Customer assume all responsibility on their respective sides of the point of delivery for the electric service supplied and received, as well as for any apparatus used in connection therewith.

5.1.1 Customer and City each shall save the other harmless from and against all claims for injury or damage to persons or property occasioned by or in any way resulting from the electric service or the use thereof on their respective sides of the point of delivery. City shall, however, have the right to suspend or terminate service in the event City should learn of service use by Customer under hazardous conditions or for illegal purposes.

5.1.2 Customer shall exercise all reasonable care to prevent loss or damage to City property installed on Customer’s premises for the purpose of supplying service to Customer.

5.1.3 Customer shall be responsible for payment of loss or damage to City property on Customer’s premises arising from neglect, carelessness or misuse, and shall reimburse City for the cost of necessary repairs or replacement.

5.1.4 Customer shall be responsible for payment for any equipment damage and/or estimated unmetered usage resulting from unauthorized breaking of seals, interfering, tampering or by-passing City’s meter.

5.1.5 Customer shall be responsible for notifying City of any failure in City’s equipment.

Agenda Item 7.

5.2 Service interruptions -- Limitations on liability of City. City shall not be liable to Customer for any damages occasioned by fluctuations, interruptions or curtailment of electric service except where caused by City’s willful misconduct or gross negligence. City may, without incurring any liability therefore, suspend Customer’s electric service for periods reasonably required to permit City to accomplish repairs to or changes in any of City’s facilities.

5.2.1 In the event of a national emergency or local disaster resulting in disruption of normal service, City may, in the public interest, interrupt service to other Customer to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.

5.3 City access to Customer premises. City’s authorized agents shall have safe access to Customer’s premise at all reasonable hours to install, inspect, read, repair or remove its meters; to install, operate or maintain other City property, and to inspect and determine the connected electrical load. Neglect or refusal on the part of the Customer to provide such access shall be sufficient cause for discontinuance of service by City, and assurance of access may be required before service is restored.

5.4 Easements. All suitable easements and rights-of-way required by City for any portion of the extension which is on premises owned, leased or otherwise controlled by Customer shall be furnished in City’s name by Customer without cost to City and in reasonable time to meet proposed service requirements. All easements and rightof-way obtained on behalf of City shall contain such terms and conditions as are acceptable to City.

5.5 Load characteristics. Customer shall exercise reasonable care to assure that the electrical characteristics of its load, such as unusual short interval fluctuations in demand, shall not be such as to result in impairment of service to other Customers or interference with operation of telephone, television or other communication facilities. The deviation from phase balance shall not be greater than ten percent (10%) at any time. The power factor of the load shall not be less than ninety percent (90%) lagging, but in no event leading, unless agreed to by City. In the event that Customer does not maintain such power factor, at the option of City, kva shall be substituted for kW in determining the applicable charge for billing purposes for each month in which such failure occurs.

6. Metering and metering equipment.

6.1 Customer equipment. Customer shall install and maintain all wiring and equipment beyond the point of delivery. Except for City’s meters and special equipment, Customer’s entire installation must conform to all applicable construction standards and safety codes, and if an inspection or permit is required by law or by City, the same must be furnished by Customer.

Agenda Item 7.

6.1.1 Customer shall provide in accordance with City’s current service standards, at no expense to City, and close to the point of delivery, a sufficient and suitable space acceptable to City’s representative for the installation of City’s metering equipment.

6.1.2 Customer shall provide and maintain a clear and unobstructed work space that extends a minimum radius of three feet from the face of the electrical entrance section, and a clear and unobstructed walkway to the meter location of a minimum width of three feet. The electric entrance section work space shall have a level floor surface and a height minimum of six feet six inches to any overhead obstruction.

6.1.3 Customer shall, at his/her own expense, relocate meter or meters to a new and approved location whenever the existing meter or meters become inaccessible or work space cannot be maintained.

6.2 Service connections. City will not install and maintain any lines and equipment on Customer’s side of the point of delivery except its meter. For the mutual protection of Customer and City, only authorized employees of City are permitted to make and energize the connection between City’s service wire and Customer’s service entrance conductors. Such employees carry credentials which they will show upon request.

6.3 Measuring Customer service. All the energy sold to the Customer will be measured by a commercially acceptable measuring device owned and maintained by the City, except where it is impractical to meter loads such as street lighting, security lighting, or special installations in which case the consumption may be calculated.

6.3.1 The readings of City’s meters will be conclusive as to the amount of electric power supplied to Customer unless, there is evidence of meter tampering or energy diversion, or unless a test reveals City’s meter is in error by more than plus or minus two percent (2%).

6.3.2 If there is evidence of meter tampering or energy diversion, Customer will be billed for the estimated energy consumption that would have been registered had all energy usage been properly metered.

6.3.3 If any meter after testing is found to be more than two percent in error, either fast or slow, proper correction shall be made of previous readings, and an adjusted bill shall be rendered per section 4.1.4. Customer will be billed for the estimated energy consumption that would have been registered had the meter been operating properly.

6.3.4 City shall, at the request of Customer, reread Customer’s meter within ten (10) working days after such request by Customer. The cost of such rereads, which is Ten Dollars ($10), may be charged to Customer, provided the original reading was not in error.

Agenda Item 7.

6.4 Meter testing.

6.4.1 City shall test its meters regularly in accordance with a meter testing and maintenance program.

6.4.2 City will individually test a meter upon Customer’s request. If meter is found to be within the two percent (2%) limit, City may charge Customer TwentyFive Dollars ($25) for the cost of the meter test. The results of the test will be furnished to the Customer within a reasonable time after the test.

6.4.3 Customer shall have the right to observe any individual meter test he/she has requested, or to have present an expert or other representative appointed by him.

6.5 Master metering.

6.5.1 Resale of electricity. Customer shall not resell electricity from City to any person except:
(a) Where energy is purchased at rates specifically applicable to resale service, or
(b) Where the charge to the tenants is absorbed in the rental for the premises or space occupied, or
(c) Where Customer is owner, lessee or operator of a multifamily housing or similar facility, and submeters and resells electricity to tenants at the same rates and charges that City would charge for the service if supplied by it directly, or (d) Qualifies for submeter resale under the criteria identified in section 6.5.4.

6.5.2 Mobile home parks. City shall refuse service to all new construction and/or expansion of existing permanent residential mobile home parks unless construction and/or expansion is individually metered by City.

6.5.3 Residential -- Apartment complexes -- Condominiums and other multiunit residential buildings. City shall refuse service to all new construction of apartment complexes and condominiums which are master metered unless the building(s) will be served by a centralized heating, ventilation and/or air conditioning system and the contractor can provide to City an analysis demonstrating that the central unit will result in a favorable cost/benefit relationship for the residents.

6.5.4 RV parks, marinas, small craft harbors and similar type service.

Master metering will be allowed at RV parks, marinas, small craft harbors and similar type Agenda Item 7.
of services. The master meter Customer may submeter individual spaces, slips or berths.

An “extended stay” or permanent residential, commercial, recreational or similar facilities shall be individually metered by City. Existing master metered facilities shall be exempt from these requirements, except for any new facilities that are added to the RV park, marina, small craft harbor, etc., after the effective date of these terms and conditions. The rates and charges to the submeter user must not exceed those that would be applied if user was purchasing electricity directly from City.

7. Termination of service.

7.1 Customer initiated termination. A Customer requesting termination of electric service must provide City with at least two working days’ notice and a disconnect date. Customer shall remain responsible for all energy use until two working days after the disconnect notice or the requested disconnect date, whichever is later.

7.2 Termination of residential service to ill, elderly or handicapped Customers.

7.2.1 Residential Customers who are ill, elderly (over sixty-five years of age) or handicapped persons who have an inability to pay for their service will not be terminated until all of the following have been attempted. (a) Customer has been made aware of the availability of funds from various governmental and social assistance agencies of which City is aware. (b) City has made a diligent effort to notify a third party previously designated by Customer.
(c) City has attempted to make satisfactory payment
arrangements with Customer and/or previously designated third party.

7.2.2 Residential service shall not be terminated for nonpayment if Customer or a household member depends on life-support equipment or has a lifethreatening condition certified by a licensed physician, provided Customer is financially unable to pay and is willing to enter into an amortization agreement for the unpaid charges.

7.2.3 A Customer relying on the provisions of section 7.2.2 shall notify City prior to the termination date set forth in the notice that Customer or a household member depends on life-support equipment or has a life-threatening condition that would be compromised by termination of services. Further, Customer shall (i) provide certification of a licensed physician as required in section 7.2.2, and (ii) enter into a deferred payment agreement with City within ten (10) days after the scheduled termination date or service may be terminated with two (2) days' notice.

Agenda Item 7.

7.3 Termination with notice. City may, without liability for injury or damage, disconnect service to any Customer for any of the reasons stated below, provided City has met the termination notification requirements.

7.3.1 City may disconnect service after written notification for the following reasons:
(a) Customer violation of any City rate schedules.
(b) Failure of Customer to pay a delinquent bill for service. (c) Failure of Customer to meet or maintain deposit
requirements.
(d) Failure of Customer to provide reasonable access to City’s equipment and property.
(e) Customer breach of contract for service between City and Customer.
(f) Failure of prior Customer to pay a delinquent bill for service where the prior Customer continues to reside on premises. (g) When necessary for City to comply with an order of any governmental agency having such jurisdiction.
(h) Customer fails to establish credit, after City, for Customer convenience, provided service before credit is established or continued service to Customer when credit was to be re-established.
(i) City shall have the right to (but not the obligation) to remove any and all of its property installed on the Customer’s premises upon termination of service.

7.3.2 Termination notice requirements.
a) A ten (10) day advance notice of intent to terminate service for nonpayment and reasons other than nonpayment shall be provided. Customers are solely responsible for monitoring and paying past due balances reflected in their utility bills. Such notice may be included with, or issued as part of, Customer’s monthly billing statement. All ten (10) day notices shall be mailed to Customer’s last known address. The failure of a Customer to receive such notice shall not exempt Customer from disconnection of service for nonpayment. Upon request, Customers may obtain a copy of the mailed ten (10) day notice.

Agenda Item 7.
b) A twenty-four (24) hour advance written notice shall be provided for termination of service due to dishonored checks (NSF). If a check tendered for payment of a deposit is dishonored, utility services shall be disconnected until payment in cash is received. Any Customer whose check is returned for insufficient funds shall be required to make all subsequent payments by cash, money order, or credit/debit card for a period of six (6) months.
c) Notice shall state the reason for termination.
d) Notice shall be considered given to Customer when a copy thereof is delivered to the service location or posted first class in the United States Postal Service addressed to Customer’s last known address. These notices are provided as a courtesy.
f) If the violation identified in the notice has not been remedied, service may be terminated on or after the date specified in the notice without the issuance of further notice.
g) Service may only be terminated in conjunction with a personal visit to the premises by an authorized representative of City. h) City shall have the right, but not the obligation, to remove any of its property from the premises upon termination of service. i) When an account is terminated for nonpayment, the
disconnection notice delivered to the premises shall reflect both (i) the amount stated in the ten (10) day notice, and (ii) the current bill, to reflect the total amount due. Full payment of the total amount shall be required to restore service.

7.5 Restoration of service. City shall not be required to restore service until the conditions which resulted in the termination have been corrected to the satisfaction of City.

7.6 Master meter Customers. When master metered accounts are being terminated with notice, City will make a good faith effort to notify actual users prior to the termination. The notice may be posted in a common area of the complex or building, mailed to individual apartments, spaces or suites, or hand delivered. The notice shall provide the user the right to become a Customer without being required to pay the amount due on the account. However, any conversion of service entrance equipment required to accept City service will be the user’s responsibility.

8. Disputed bills and complaints.

Agenda Item 7.

8.1 Bill inquiries and complaint investigations. A Customer may request a bill inquiry or complaint investigation by contacting City’s utilities office. An investigation will be completed by City, and Customer will be advised of the investigation’s results and any action taken. If Customer is seeking to set up an extended payment arrangement, City will attempt to assist by offering an amortized payment schedule, provided Customer has not defaulted on a previous payment agreement.

8.2 Unresolved bill inquires and complaint investigation. If a Customer is not satisfied with the investigation and/or action completed by the City’s utilities office, the Customer may elevate the inquiry or complaint to the next level within City staff, in the order recommended below:
(a) Utility Business Manager or Supervisor
(b) Utility Manager
(c) City Manager

8.3 Appeal to the City’s Board of Public Utilities. A Customer who is not satisfied or believes the staff investigation results are incorrect or unfair, may appeal to the City’s Board of Public Utilities (“Utilities Board”). The Utilities Board will hear only appeals that have not been resolved to Customer’s satisfaction after the City Manager has finalized his/her review. A form to request an appeal is available at the utilities office and must be submitted at least two (2) weeks prior to a regularly scheduled Utilities Board meeting to ensure placement on the agenda. Customer is encouraged to be present at the Utilities Board hearing or have a representative present.

8.4 Appeal to the City Council. A Customer who remains unsatisfied after appealing their concerns to the Utilities Board, may appeal to the City Council for final resolution within fourteen (14) days of the date of the Utilities Board’s decision. The City Clerk will assist Customer with scheduling the appeal. The Customer or his representative must be present at the City Council meeting for the appeal to be heard and/or acted upon.

8.5 Payment of disputed bills. A Customer who has requested an investigation or who is appealing a determination shall not have the electric service disconnected for nonpayment of the disputed bill. If the Customer is disputing multiple months of billing, payment for one of the months being disputed may be withheld pending determination, but all remaining months being disputed must be paid to avoid being disconnected for nonpayment. Customer must pay subsequent bills to a disputed bill, to avoid being disconnected for nonpayment.

9. Removal of facilities. Upon the termination of service, City may without liability for injury or damage, dismantle and remove its facilities installed for the purpose of supplying service to Customer and City shall be under no further obligation to serve Customer. If, however, City has not removed its facilities within one (1) year after termination of service, City shall thereafter give Customer thirty (30) days’ written notice before removing its facilities, or else waive any re-establishment charge within the next year for the same service to the same Customer at the same location.

Agenda Item 7.

For purpose of this section, notice to Customer shall be deemed given at the time such notice is deposited at the U.S. Postal Service, first class mail, postage prepaid, to Customer at his/her last known address.

10. Prohibited service uses. Customer shall not use electric service for the following uses or activities. These prohibitions are necessary to prevent electric shortages and to avoid supplier penalties for excess demand requirements.

10.1 Outdoor advertising signs and lighting.

10.1.1 Illuminated billboards, signs or similar advertising or identifying signs or equipment shall not be illuminated with City electric service during daylight hours.

10.1.2 Mechanized billboards, signs or similar advertising or identifying signs or equipment shall not be operated with City service during daylight hours.

10.1.3 A nonresidential Customer may, without restricted hours of use, illuminate with City service a time and temperature sign, and two (2) business signs on its premises.

10.2 Decorative and functional outdoor lighting.

10.2.1 Outdoor lighting necessary for public safety, security, or required by law shall be exempt from the below restrictions. However, Customer shall minimize the number of lighting fixtures, and shall use energy efficient lighting for all outdoor lighting applications.

10.2.2 Nonresidential Customers shall not operate any outdoor decorative, architectural or advertising “highlighting” or floodlighting, area, spot or other similar lighting during daylight hours.

10.3 Indoor business lighting.

10.3.1 Indoor lighting necessary for public safety, security, or required by law shall be exempt from the restrictions below. However, such Customer shall limit the number of fixtures used and shall use energy efficient lighting for all indoor lighting.

10.3.2 Nonresidential Customers shall reduce lighting levels to the minimum required for security at all times the building is not occupied.

10.3.3 Customer shall not operate window display lighting during daylight hours.

Agenda Item 7.

10.4 Electric heating and cooling.

10.4.1 Nonresidential Customers shall be exempt from the following restrictions if higher temperatures are required for physician-certified medical reasons, mandated by law, or necessary for the preservation of perishable foods as part of their principal operations.

10.4.3 Nonresidential Customers shall not use electric services for heating/cooling during non-business hours, unless the building is occupied, or Customer can establish, and City agrees, that a net energy savings can be achieved by operating the space conditioning equipment during non-business hours.

10.4.4 Nonresidential Customers shall not heat or cool unoccupied hotel, motel or similar guest accommodation facilities in vacant guest rooms.

10.4.5 Nonresidential Customers whose building is equipped with a system that both heats and cools simultaneously, or that depends on electric lighting for total or partial heating shall operate the system to minimize electric energy use, and as close to the above guidelines as practical.

10.5 Swimming pool/spa pumps and filtration.

10.5.1 Timers shall be installed on all swimming pool pumps and filtration equipment.

10.5.2 Customer shall set the timer to between the hours of 9:00 P.M. and 9:00 A.M.

10.5.3 Customer may operate circulating pumps for solar pool heating equipment during daylight hours without restriction, except for the motor size limitations below.

Pool or Spa
Sq. Ft. of Surface Area
Maximum Allowed
Motor Size
520 or less ¾ H.P.
521 -- 800 1 H.P.
801 -- 1200 1-1/2 H.P.

Over 1201 Max. 1 H.P./800 sq. ft.

10.6 Noncompliance. City shall discontinue service to a Customer for noncompliance with the prohibited uses of electric energy, if after notice Customer does not correct the violation within five (5) days. Service will not be reestablished until after Customer has complied.

Agenda Item 7.

10.7 Exemption procedure. A Customer may request a special use exemption for a prohibited activity. The request must be in writing and shall be submitted to the Utilities Board. The request must explain why the exemption is being sought, the benefits Customer will receive from such use, the approximate amount of energy required and the desired time period. Board approval must be received prior to Customer using service for a prohibited activity.

11. Curtailment. When the availability of service is restricted and a reduction of service is required to maintain the integrity of part or the total electric system, Customer will be notified by City to reduce or terminate use of service. Such notifications may be made by mail, phone, or in person. City will curtail service on a proportionate basis, where possible, and will give service priority to Customers and/or Customer classes where health, safety and welfare will be adversely affected, when possible. Customers, who refuse or do not comply with curtailment requirements, may be terminated by the City. A service re-establishment charge of Two Hundred Dollars ($200.00) will be assessed for a first-time violation, Five Hundred Dollars ($500.00) for second violation, and One Thousand Dollars ($1,000.00) for a third violation. A Customer who violates curtailment requirements more than three times will not be allowed to reestablish service.

12. Successors and assigns. Agreements for service shall be binding upon and for the benefit of the successors and assigns of Customer and City, but no assignments by Customer shall be effective until Customer’s assignee agrees in writing to be bound and until such assignment is accepted in writing by City.

13. Warranty. There are no understandings, agreements, representations or warranties, expressed or implied (including warranties regarding merchantability or fitness for a particular purpose), not specified herein concerning the sale and delivery of electricity by City to Customer. These terms and conditions state the entire obligation of City in connection with such sales and deliveries. (Ord. 404-AC; Ord. 463-AC.) Article 6C-2
Sec. 6C-2-1. Conditions governing the extension of electric distribution and services.

Application for City’s electric service often involves construction of new facilities for various distances and costs depending upon Customer’s location, load size and load characteristics. With such variations, it is necessary to establish conditions under which City will extend its facilities.

All extensions are subject to the availability of adequate capacity, voltage and City facilities at the beginning point of an extension. These rules shall govern extensions of both overhead and underground electric facilities to Customers whose requirements are deemed by City to be usual and reasonable in nature.

Agenda Item 7.

1. Basis for extensions.

1.1 Temporary power basis: all classes of service.

1.2 Footage basis: residential only.

1.3 Economic feasibility basis: all classes of service.

1.4 Responsible resource development basis: residential service only.

1.5 Economic development basis: specific applications only.

1.6 Doubtful permanency basis: all classes of service.

1.7 Seasonal Customer basis: all classes of service.

2. Extension conditions.

2.1 Underground construction required. All new electric extensions shall be underground construction and must comply with the requirements of section 4 below. At City option, underground construction variances may be allowed for the following conditions.

2.1.1 Overhead single or three phase service lines may be constructed, if the distribution system the service line is connected to is overhead. Service lines are defined as those lines that connect directly to a transformer or secondary voltage delivery system, and are the lines extended to Customer’s electric entrance equipment.

However, overhead service lines may not be constructed when Customer is located in an existing or proposed overhead to underground conversion area, or in an existing or proposed underground development.

2.1.2 At City’s option, twelve Kv feeder lines (as defined by City), and lines of voltages higher than twelve Kv may be constructed overhead, even though such lines are being constructed in an underground development. The construction of such lines shall not exempt Customer from undergrounding all other facilities, including any services being extended from such overhead lines.

2.1.3 At City’s option, an overhead line may remain as part of a new extension, if there is an existing distribution pole line(s) on or across a recorded subdivision or development at the time of application, and the line will be utilized in the extension. However, this condition shall not apply if the pole line were serving a building or group of buildings or any other type of service which would be removed before the development is completed.

2.1.4 An overhead extension may be constructed when, in City’s opinion, an underground extension is not feasible from either an engineering, operation or economic standpoint.

2.2 Irrigation Customers. Customers requiring construction of electric facilities for service to irrigation pumping will advance the total cost of construction, which may include a portion of the cost from designated irrigation substations. Advances are subject to refund as specified in section 3 below.

Agenda Item 7.

2.3 Temporary Customers.

2.3.1 General. Service to be rendered to a Customer for a period of less than twelve (12) consecutive calendar months shall be extended as a temporary service. City, at its option, may classify any facilities that are known to be removed after a specific period, or upon completion of a project as temporary, even though service may be rendered beyond twelve (12) consecutive months.

2.3.2 Where a temporary meter or construction meter is required to provide service to a Customer, then Customer in advance of installation or construction shall make a nonrefundable contribution equal to the cost of installing and removing the facilities required to furnish service, less the salvage value of such facilities. When the use of the service is discontinued or agreement for service is terminated, City may dismantle its facilities, and the materials and equipment provided by City will be salvaged and remain its property.

2.3.3 Construction meters which are positioned in the permanent Customer’s meter location, and that require no change in the service conductor size or length to serve the permanent Customer’s facilities, shall be considered permanent.

2.4 Real estate development. Extensions of electric facilities within real estate developments including residential subdivisions, industrial parks, mobile home parks, apartment complexes, planned area developments, etc., may be made in advance of application for service by permanent Customers. These extensions are eligible to qualify for either the economic feasibility, responsible resource development, or the economic development extension bases, depending upon development type. Anticipated revenues for real estate development extensions shall be calculated by City based upon the estimated electric energy to be used at each Customer location. Revenue estimates shall be made from comparable development revenue histories, and/or load information provided by the developer. Only City determined estimated revenues shall be used for economic feasibility studies.

2.4.1 Mobile home parks. City shall refuse service to all new construction and/or expansion of existing permanent residential mobile home parks unless the construction and/or expansion is individually metered by City.

2.4.2 Apartment complexes, condominiums and other multiunit residential buildings. City shall refuse service to all new construction and/or expansion of apartment complexes and condominiums unless the construction or expansion is individually metered by City.

2.5 Seasonal Customers. Extensions of electric facilities to Customer’s premises, which will be continuously occupied less than nine (9) months out of each twelve (12) month period may be made only on an economic feasibility basis.

Agenda Item 7.

3. Refunds.

3.1 General policy.

3.1.1 Revenues from Customers being served by an extension connected to the extension being surveyed, shall be considered only if the connected extension was made under the footage, economic feasibility, responsible resource development, or economic development basis. Such connected extensions, to be qualified for refund consideration, must have at least one active Customer within five hundred feet from the interconnection point of the extension being surveyed.

3.1.2 City shall conduct a refund survey on the annual anniversary of the execution date of the extension agreement. The survey shall use the extension basis criteria in force at the time the extension was installed to calculate any refunds. City reserves the right to apply any extension refunds to Customer’s account(s), if any account(s) are delinquent or past due. Refunds shall never exceed the amount originally advanced.

3.1.3 Refunds can only be made to Customer, developer or developer’s company, whoever executed the extension agreement. If development or property ownership or control changes during the refund period, it is Customer/developer’s responsibility to form a refund resolution agreement between the parties of such a transaction. City will not honor any contractual or other arrangement that transfers the refund from the original Customer/developer, who executed the extension agreement to another party, even if a refund resolution agreement exists between the parties.

3.2 In lieu of revenue surveys, City may determine the number of permanent Customers connected to the extension for a residential real estate development, and a refund may be made on a “per” Customer basis. Refunds for each permanent Customer shall only be refunded one time. A permanent Customer must have service installed and be an active account at the time of the refund survey to be qualified for the refund study.

The City shall specify in the extension agreement, the amount of refund per permanent Customer connected and may require a number of “qualified” Customers be connected to an extension prior to the extension qualifying for a refund survey. Once a permanent Customer has been included in a refund survey. Once a permanent Customer has been included in a refund survey, Customer shall not be counted in future surveys, regardless if such Customer is active or inactive at the time of the survey.

4. Underground construction.

4.1 General policy.

4.1.1 Customer or developer shall provide all earthwork including, but not limited to trench, boring or punching, conduits, vaults, pull boxes, manholes, Agenda Item 7.
cabinet pad sites, shoring, bedding, backfill, compaction and surface restoration, in accordance with City specifications.

4.1.2 Customer or developer shall conform to City’s underground installation and utility facility placement specifications and standards.

4.1.3 Customer or developer shall provide and install conduit, manholes, vaults, pull boxes, and sweeps at all proposed equipment locations. All materials and installation shall meet City specifications.

4.1.4 Customers or developers requesting underground extensions may be required to sign an underground electric extension agreement.

4.1.5 If, after construction of the extension, final clearance or grade is changed in such a way as to require relocation of the underground facilities, or results in damage to such facilities, the cost of such relocation and/or resulting repairs shall be borne by Customer or developer.

4.2 Inspection and City acceptance of trench and conduit.

4.2.1 City shall inspect Customer/developer installed trench and conduit on a mutually agreed upon date prior to Customer/developer shading and backfilling the trenching and conduit. Phased inspection may be required, and the completion and inspection dates for each phase shall be agreed to by Customer/developer and City.

4.2.2 When City has approved the trenching and conduit installation, a second inspection date shall be mutually agreed to for inspection of the trench and conduit after shading and prior to backfill.

4.2.3 When the trench and conduit shading has been approved, Customer/developer shall complete backfilling and compaction of the trench. City shall inspect final trench backfill and compaction, and approve prior to final surface restoration.

4.2.4 When the backfill and compaction has been approved, Customer/developer must complete final surface restoration of existing roadways, sidewalks, bike paths, etc. as specified by City. If the final surface of the trench is in a new development ,actual surfacing can be completed as required, City will complete the restoration and bill Customer/developer for actual costs plus appropriate overheads and/or administrative fees.

4.3 Customer owned entrance and service vault and/or space requirements.

Agenda Item 7.

4.3.1 City must have immediate operating access to electrical equipment at all times. Immediate access, for City approved inside building installation, is intended to mean:

4.3.1.1 Access from outside by either a door (City to have key), manhole or vault lid with no obstructions;

4.3.1.2 A security guard on location, available on a twentyfour-hour basis, with keys and access to buildings and vaults;

4.3.1.3 Disconnecting switches that can be operated outside the building or vault that will allow disconnect of the load under emergency conditions.

The cost of such switches shall be paid by Customer, and shall be a nonrefundable contribution to City’s extension construction. Design of such equipment must be approved by City prior to installation.

4.3.2 Padmounted transformers and similar equipment locations must have vehicle access acceptable to City, with the construction and clearances of Customer installed traffic or decorative barriers subject to City approval. Access shall include a permanent unobstructed path of sufficient size and surface to accommodate trucks and crews necessary for equipment replacement. All equipment locations must be approved by City.

4.3.3 Vaults and transformer locations inside of buildings shall have access to the outside in such a way that the electrical equipment can be directly set by a crane in the equipment cell or on the same level as the vault.

4.3.4 There shall be permanently flat and unobstructed access from this point to the equipment cell location. Exterior equipment access to the subsurface vaults shall be through unobstructed lift slabs at or above finish grade with vehicle access acceptable to City. Access shall include a permanent unobstructed path of sufficient size and surface to support trucks and cranes necessary for equipment replacement. All vault designs and locations must be approved by City.

4.3.5 In all vaults, internal to a building, Customer will provide, at no charge to City, a telephone either inside the vault or near the entrance to the vault.

4.3.6 Customer shall not store equipment or other items in equipment rooms or vaults where electric utility equipment is located.

4.4 New underground services. Customer will supply and install service conduit, per City specifications, from service stub-outs to service entrance section riser(s).

4.4.1 Single phase services. Customer shall pay a nonrefundable contribution of four dollars and forty-five cents per foot for service extension footage in Agenda Item 7.
excess of one hundred fifty feet. Excess footage service extensions will only be allowed, if such extension conforms to all City service requirements.

4.4.2 Three phase services. Customer shall pay a nonrefundable contribution of five dollars and sixty-five cents per foot for service extension footage in excess of forth feet. Excess footage service extensions will only be allowed, if such extension conforms to all City service requirements.

5. Alternate electric feeds. City will provide an alternate or loop feed to a Customer as part of an extension, if requested, and provided the following requirements are met.

5.1 General requirements.

5.1.1 Customer load must be essential to public health and/or safety, as determined by City.

5.1.2 All costs for an alternate feed shall be included in the extension cost and feasibility studies.

5.2 A nonrefundable contribution shall be aid by Customer/developer for any additional construction expenses required for the alternate feed.

5.3 Customer/developer shall conform to City’s underground installation and utility facility placement specifications and standards.

6. General conditions.

6.1 Voltage.

6.1.1 The extension must be designed and constructed for the operation at standard voltages used by City in the area in which the extension is located.

6.1.2 Only one voltage and one service line will be supplied to each Customer, unless the serving of multiple voltages or service lines is beneficial to City.

6.1.3 City will provide voltages other than the nearest standard distribution voltage when one or more of the following conditions exist.

6.1.3.1 The requested voltage is more beneficial to City than additions to the standard distribution voltage in the area, such as:

6.1.3.1.1 Loads that exceed the overhead or
underground design limitations for the standard distribution voltage, as determined by City;
Agenda Item 7.

6.1.3.1.2 The voltage and subsequent line distribution
equipment is more economical for City, as determined by City.

6.1.3.2 Customer’s load requirement (demand) is greater than one hundred KVA “Y” (120/208 or 277/480 volts).

6.1.3.3 Customer agrees to pay a nonrefundable contribution for the special equipment, and any facility charges, if required for economic feasibility.

6.2 Three phase. Extensions of three phase service are available when a Customer has installed a single piece of equipment with a seven and one-half HP (horsepower) motor or a single air conditioning unit of six tons or more, or where total connected HP of all connected three phase motors exceed twelve HP or Customer’s total load exceeds one hundred KVA. If less than the above HP or connect KVA is installed, City may at its option, when requested by the Customer, serve three-phase and require a nonrefundable contribution equal to the difference in cost between single phase and three phase construction, but in no case less than one hundred dollars.

6.3 Easements. All suitable easements or rights-of-way required by City for any portion of the extension shall be furnished in City’s name by Customer without cost to or condemnation by City, and in reasonable time to meet proposed service requirements. All easements and rights-of-way obtained on behalf of City shall contain such terms and conditions as are acceptable to City.

6.4 Ownership. Except for Customer-owned facilities, all construction, including that for which Customers have made advances and/or contributions, will be owned, operated and maintained by City.

6.5 Measurement and location.

6.5.1 Any measurements used for costing of facilities must be along the proposed route of construction, as determined by City.

6.5.2 Construction is to be on public streets, roadways, highways, alleys or easements acceptable to City.

6.5.3 The extension must be a branch from, the continuation of, or an addition to, one of City’s existing distribution lines.

6.6 Unusual circumstances. In unusual circumstances, as determined by City, when the application and provisions of this policy appear impractical, or in case of extensions of lines to be operated on voltages other than specified in the applicable rate structure, or in case Customer’s requirements exceed two thousand kW, City will make a special study of the conditions to determine the basis on which service may be provided.

Agenda Item 7.

6.7 Nonstandard construction. Where extensions of electric facilities require construction that is in any way nonstandard, as determined by City, or if unusual obstructions are encountered, Customer will make a nonrefundable contribution equal to the difference in cost between standard and nonstandard construction.

6.8 Abnormal loads. City, at its option, may make extensions to serve certain abnormal loads (such as: transformer type welders, x-ray machines, wind machines, excess capacity for test purposes and loads of unusual characteristics), provided Customer makes a nonrefundable contribution equal to the total cost of such extensions, including transformers and services.

6.9 Relocation and/or overhead to underground conversions.

6.9.1 City will, when practical as determined by City in its sole and absolute discretion, relocate or convert its facilities for Customer’s convenience or aesthetics, provided Customer make a nonrefundable contribution equal to the total cost of relocation or conversion, including any residual value for the remove overhead facilities.

6.9.2 When the relocation or conversion is in conjunction with added revenue, as determined by City, and is not for Customer’s convenience or aesthetics, then City may consider the cost of such relocation or conversion in its economic feasibility studies.

6.10 Changing a master meter to individual meters. City will convert its facilities from a master metered system to a permanent individually metered system at Customer’s request, provided Customer make a nonrefundable contribution equal to the residual value, plus the removal costs less salvage of the master meter facilities. The new facilities to serve the individual meters will be extended on an economic feasibility basis.

6.11 Change in Customer’s service requirements. City will rebuild or revamp existing facilities to meet Customer’s added load or change in service requirements based on upon an economic feasibility study. If the estimated additional revenue from such upgrades or changes pays City’s total construction costs within five (5) years for residential Customers, and two (2) years for nonresidential Customers, then such upgrades or changes shall be completed free of charge for the Customer. If the upgrades or changes do not provide adequate revenues, then the Customer shall make a nonrefundable contribution to the City for the total cost of construction. The City reserves the right to refuse such rebuild or revamp requests, when such requests are not consistent with the terms and conditions for the sale of electric services, or the City’s electrical engineering standards. Residential service entrance equipment upgrades or rebuilds are exempt from these requirements.

6.12 Design deposit. Any applicant requesting City to prepare detailed plans, specifications or cost estimates may be required to deposit with City an amount equal to the estimated costs of preparation. Where the applicant authorizes City, within Agenda Item 7.
twelve (12) months of the completed estimate, to proceed with construction of the extension, the deposit shall be credited to the cost of construction; otherwise the deposit shall be nonrefundable. City will prepare without charge, a preliminary sketch and rough estimate of the costs to extend electric service to a project upon request.

7. Footage basis extensions.

7.1 General policy. Footage basis extensions may be made only if all of the following conditions exist:

7.1.1 Applicant shall be a new permanent residential Customer or group of new permanent residential Customers. A Customer shall be considered permanent when:
(a) Service will be rendered to Customer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service; and (d) The meter will be installed within thirty (30) days after completion of the extension.

7.1.2 The extension cannot exceed seven hundred fifty (750) feet per Customer to be connected, not a total extension distance of two thousand five hundred feet.

7.1.3 The extension must be along the shortest practical route to the nearest practical point of delivery on each Customer premises, as determined by City.

7.1.4 The estimated construction cost, including transformers and services, cannot exceed Fifteen Thousand Dollars ($15,000).

7.2 Free extensions. The extension, (if the conditions specified in section

7.1 are met and the total extension does not exceed seven hundred fifty (750) feet per new permanent residential Customer, or a maximum of two thousand five hundred (2,500) feet for the entire extension, or Fifteen Thousand Dollars ($15,000)), will be constructed at no cost by City.

7.3 Extensions over the free distance. Extensions over the free distance.

Extensions which meet the conditions specified in section 7.1, but which exceed the free distance in section 7.2, may still qualify for a footage basis extension provided Customer or Customers sign an extension agreement and advance the cost of such additional footage.

Agenda Item 7.

7.4 Advances are subject to refund.

7.5 Real estate developments are not eligible for this footage basis extensions.

8. Economic feasibility basis extensions.

8.1 General policy. Economic feasibility basis extensions may be made only if all of the following conditions exist:

8.1.1 Extension shall be for a new permanent Customer or group of new permanent Customers. A Customer shall be considered permanent when:
(a) Service will be rendered to Customer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
(d) The meter will be installed within thirty (30) days after completion of the extension.

8.1.2 The total extension is determined to be economically feasible for City, as defined in section 8.2.

8.1.3 Customer pays total extension costs in advance of scheduling construction, including transformers, metering and services.

8.2 Extension qualifications. Extensions shall be allowed, when the conditions in section 8.1 are met and the extension is determined to be economically feasible by City. Economic feasibility shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide and adequate rate of return on investment to City.

8.3 Extensions not qualifying. City, at its option, may extend its facilities to Customers whose use does not satisfy the economic feasibility requirements of section

8.2, provided such Customers sign an extension agreement and agree to pay a special rate or an annual facilities charge to make the facilities economically feasible.

8.4 Advances are subject to refund.

Agenda Item 7.

9. Responsible resource development basis (residential real estate developments only).

9.1 General policy. The responsible resource development basis extension is structured to encourage total resource management and conservation equipment, applications and appliances in residential real estate developments being served by the City. The qualifications for the responsible resource development basis are periodically modified to ensure that the criteria being used represent the current energy, water and wastewater standards and technologies within the utility and home building industries.

Since the responsible resource development extension involves City financial participation, the developer may be required to provide additional development and/or financial information prior to the approval of the extension. Responsible resource development basis extensions are available only if all of the following conditions exist:

9.1.1 The residential development being developed is for new permanent residential Customers: A Customer shall be considered permanent when:
(a) Service will be rendered to the Customer for a period greater than twelve (12) months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
(d) The meter will be installed within thirty (30) days after completion of the extension.

9.1.2 When fully developed, the electric extension(s) inside the development, shall not exceed five hundred (500) feet per permanent Customer, including service line footage.

9.1.3 The final development and/or phase of the development is determined to be economically feasible by City. “Economic feasibility” shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide an adequate rate of return on investment to City.

9.1.4 The developer agrees to meet the responsible resource development basis equipment, appliance and application requirements for electric , water and wastewater in each residence and common area or amenity facilities.

9.1.5 The developer agrees to provide, if requested, any information needed to assess the project’s feasibility, developer’s financial ability, developer’s business or development history, and/or the developer’s plans for the project.

Agenda Item 7.

9.1.6 Developer pays a nonrefundable contribution for the construction of the electric, water, wastewater facilities to the property line of the development, and for any unusual or nonstandard construction requirements inside the development.

9.1.7 The development is total electric, except for alternate energy services which may be provided or approved by City.

9.1.8 The developer agrees to advertise the development with point of purchase displays, and to include City’s responsible resource development program name and logo on all signs and other advertising materials at developer’s cost.

9.2 Extension qualifications. An extension shall be qualified when the conditions in section 9.1 have been met and agreements executed.

9.3 Extensions not qualifying. If an extension does not qualify or is not accepted, it may be evaluated at developer’s request to determine if it qualifies for the economic feasibility basis.

9.4 Benefits provided developers who qualify for a responsible resource development basis extension.

9.4.1 Developer will not be required to advance construction money for the installation of electric facilities within the development, except as required in section 9.5 and 9.6.

9.4.2 City will respond to requests for installation of extensions, service and/or meters to homes, condominiums, apartments and/or mobile homes within the development with priority service.

9.4.3 City may provide advertising materials, incentives and/or other support to the developer, if the developer agrees to use the promotional materials to help explain and promote the advantages of buying a home or lot that has been approved for a responsible resource development basis extension.

9.5 Extensions to developer built home, condominium, apartment and mobile home developments.

9.5.1 Developer shall submit individual home, condominium, apartment and/or mobile home constructions plans, appliances and insulation details to City for review and approval. If the plans meet the responsible resource development basis criteria, City will prepare the electric extension design and an agreement to construct electric distribution facilities, which must be executed prior to extension construction.

Agenda Item 7.

9.5.2 The developer shall make a nonrefundable construction advance for the installation of electric facilities to the property line of the development.

The ending point of this extension shall be the beginning point for the extension within the development. The developer will not be required to advance construction money for the installation of electric facilities within the development, if the following conditions exist:

9.5.2.1 A development construction plan has been submitted to and accepted by City. The plan may request the development be built in phases or stages. If phases or stages are approved, the developer must agree to any required construction to ensure proper termination of electric facilities, even if such construction is beyond phase boundaries.

9.5.2.2 The construction of homes, condominiums,
apartments and/or mobile homes must be planned to begin no further than five hundred (500) feet from the beginning point of the extension within the development, and shall continue to be constructed so no extension to serve an individual home, condominium, apartment or mobile home shall be further than five hundred (500) feet from the existing electric equipment or facilities from which the extension begins. If the extension is further than five hundred (500) feet from the existing electric facilities, the developer shall pay a nonrefundable per foot charge of Five Dollars and Eighty-Five Cents ($5.85), for the additional footage.

9.5.2.3 Developer shall install and maintain electric conduit, equipment pads, vaults and similar equipment until electric facilities are installed by the utility. Maintenance shall include replacement of damaged or “plugged” conduits, equipment pads, vaults and similar equipment. The developer shall reimburse City for any repairs or replacements made by the City during construction because of damage or “plugged” equipment. City may, but shall not be obligated to, make such repairs or replacement while installing facilities.

9.5.2.4 The construction of the underground conduit system must be completed, inspected and approved prior to installation of electric facilities to serve any home, condominium, apartment or mobile home.

9.5.2.5 All installations must be according to City
specifications and requirements.

9.6 Extensions to lot sales only subdivision.

9.6.1 Developer shall require lot purchasers to meet or exceed the responsible resource development basis criteria, in effect at time of residence is constructed, for equipment, appliances and applications by establishing such criteria as part of the development conditions, covenants and restrictions. The developer shall also provide each individual purchaser with information on the equipment, appliance and application criteria required for building on the lot prior to close of escrow.

Agenda Item 7.

9.6.2 The developer shall make a nonrefundable contribution for the installation of electric facilities to the property line of the development. The ending point of this extension shall be the beginning point for the extension within the development.

The developer will not be required to advance construction money for the installation of electric facilities within the development, if the following conditions exist:

9.6.2.1 A development construction plan has been submitted to and accepted by City. The plan may request the development be built in phases or stages. If phases or stages are approved, the developer must agree to any required construction to ensure proper termination of electric facilities, even if such construction is beyond phase boundaries.

9.6.2.2 The construction of homes, condominiums,
apartments and/or mobile homes must be planned to begin no further than five hundred (500) feet from the beginning point of the extension within the development, and shall continue to be constructed so no extension to serve an individual home, condominium, apartment or mobile home shall be further than five hundred (500) feet from the existing electric equipment/facilities form which the extension begins. If the extension is further than five hundred (500) feet from the existing electric facilities, the developer shall pay a nonrefundable per foot charge of Five Dollars and Eighty-Five Cents ($5.85), for additional footage.

9.6.2.3 Developer shall install and maintain electric conduit, equipment pads, vaults and similar equipment until electric facilities are installed by the utility. Maintenance shall include replacement of damaged or “plugged” conduits, equipment pads, vaults and similar equipment. The developer shall reimburse City for any repairs or replacements made by City during construction because of damage or “plugged” equipment. City may, but shall not be obligated to make such repairs or replacement while installing facilities.

9.6.2.4 The construction of the underground conduit system must be completed, inspected and approved prior to installation of the electric facilities to serve any home, condominium, apartment or mobile home.

9.6.2.5 All installations must be according to City
specifications.

10. Economic development basis.

10.1 General policy. The economic development basis is structured to encourage business development in areas being served by the City. The qualifications for economic development extensions are periodically modified to ensure the general economic development philosophies of the community are being maintained. Since economic development extensions usually involve City financial participation, the developer may be required to provide additional information prior to the approval of the Agenda Item 7.
extension. Economic development extensions are available only if all of the following conditions exist:

10.1.1 Applicant will be new permanent Customer or group of new permanent Customers. A Customer shall be considered permanent when:
(a) Service will be rendered to the Customer for a period greater than twelve months;
(b) Removal of the electric facilities is not being planned after a specific period or upon completion of the project;
(c) Customer has completed an application for service;
(d) The meter will be installed within thirty (30) days after completion of the extension.

10.1.2 The total extension is determined to be economically feasible for City. “Economic feasibility” shall mean that the estimated revenues from the completed project, less the extension and electric line and metering costs, provide an adequate rate of return on investment to City.

10.1.3 The development meets the economic development basis qualifications, as determined by the Utilities Board and City Council.

10.1.4 Customer/developer requests the extension be completed using the economic development basis.

10.1.5 Customer/developer agrees to provide, if requested by either the City Council or the Utilities Board, any information needed to assess the project’s feasibility, Customer’s/developer’s financial ability, Customer’s/developer’s business or development history, and/or Customer’s/developer’s plans for the project.

10.1.6 Customer/developer pays any required advance for construction.

10.2 Extension qualifications. Extensions shall be allowed when the conditions in section 10.1 have been met and approval for an economic extension is granted by the Utilities Board and City Council.

10.3 The benefits provided to a Customer/developer form the economic development basis shall be determined on an individual application basis by the board of public utilities and City Council.

Agenda Item 7.

10.4 Extensions not qualifying. If an extension does not qualify or is not accepted by the board of public utilities or the City Council, Customer/developer may request an economic feasibility basis extension.

11. Doubtful permanency basis.

11.1 Extensions shall be made on a doubtful permanency basis, when in City’s opinion Customer’s application for service is not expected to be permanent, but is expected to be an active Customer for more than twelve consecutive months. Doubtful permanency Customers will be required to advance the total construction and removal cost, less any salvage value of the extension. Refunds of such advances will be calculated using the economic feasibility refund criteria.

11.2 Extensions to mobile or modular housing shall be completed on the doubtful permanency basis, unless Customer has:

11.2.1 Sewer or septic system installed;

11.2.2 Permanent water system installed;

11.2.3 Electric service entrance equipment installed.

12. Settlement of disputes. Any dispute between Customer or prospective Customer and City regarding the interpretation of these conditions governing extensions of electric distribution lines and services may, by either party, be referred to the board of public utilities for determination.

13. Interest. All advances made by Customer to City in aid of construction shall be noninterest bearing.

14. Extension Agreements. All line extensions requiring payment by Customer shall be in writing and signed by both Customer and City. (Ord. 404-AC.) Agenda Item 7.

City of Needles, California
Request for City Council Action
� CITY COUNCIL □ NPUA
Meeting Date: October 28, 2025
Title: Warrants
Background: n/a
Fiscal Impact: See attached Warrant Registers
Environmental Impact: n/a
� Regular D Special
Recommended Action: Approve the Warrant Registers through October 28, 2025.

Submitted By: Jill Taura, Interim Director of Finance
City Manager Approval: -f---=!::...._--=-�=-=::......l.--==------ Date:

Other Department Approval (when re uired)
: _______ _ Date: ____ _
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MINUTES

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA
COUNCIL CHAMBERES, 1111 BAILEY AVE, NEEDLES
TUESDAY, OCTOBER 14, 2025 - COUNCIL EXECUTIVE SESSION – 5:30 PM - CITY COUNCIL MEETING – 6:00 PM CALL TO ORDER - Mayor Jernigan called the meeting to order at 5:31 pm

ROLL CALL

PRESENT
Council Member McCorkle
Vice Mayor Ellen Campbell
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
Council Member Larry Ford
Also present were City Manager Patrick Martinez, Deputy City Attorney Lena Wade, Utilities Manager Rainie Torrance, Director of Development Services/Capital Projects Kathy Raasch, and City Clerk Candace Clark.

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION - None RECESSED TO EXECUTIVE SESSION - 5:31 PM

EXECUTIVE SESSION
a. (City Council/NPUA) Conference with legal counsel regarding potential initiation of litigation pursuant to Government Code 54956.9(d)(4). One potential case.

No reportable action
b. Conference with legal counsel regarding existing litigation pursuant to Government Code 54956.9(d)(1) Sylvia Miledi v. City of Needles, et al., Superior Court of the County of San Bernardino, Case No. CIVSB2510533
No reportable action
c. Public Employee Performance Evaluation Pursuant to Govt Code Section 54957. Title: City Manager
No reportable action
d. Conference with Legal Counsel—Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2): 1 potential case.

No reportable action
CALL TO ORDER - Mayor Jernigan called the meeting to order at 6:28 pm

ROLL CALL

PRESENT
Council Member McCorkle
Vice Mayor Ellen Campbell
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
Council Member Larry Ford
EXECUTIVE SESSION REPORT – Deputy City Attorney Lena Wade gave report as noted above.

Agenda Item 9.

PLEDGE OF ALLEGIANCE - led by Mayor Jernigan
INVOCATION - led by Vice Mayor Campbell

APPROVAL OF AGENDA
Vice Mayor Campbell made a motion, second by Council Member McCorkle, to approve the agenda. Motion carried by the following roll call vote:

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

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

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

PUBLIC APPEARANCE
Rick Daniels spoke about Proposition 50 and asked Council to consider adopting a Resolution to stay out of the political drama surrounding the Proposition.

George DeLeon reported on St. Vincent DePaul’s upcoming fundraiser and Open House.

PRESENTATION

1. Update on the Chamber of Commerce / Visitor Center given by Karrie Brazaski

INTERVIEWS

2. Continuation of Interviews / appointment to fill the vacancies on the Housing Commission and the Cemetery Advisory Board. CONTINUED TO DECEMBER 9, 2025

COUNCIL CONSENT CALENDAR
Council Member McCorkle pulled item 6 from the consent calendar.

Council Member Ford made a motion, second by Vice Mayor Campbell, to approve items 3 through 5 on the Council Consent Calendar.

Motion carried by the following roll call vote:

Ayes: Members/Council Members Ford, McCorkle, Member/Vice Mayor Campbell, Member/Mayor Jernigan, Members/Council Members Pogue, Belt, Longbrake Noes: None

Absent: None
Abstain: None

3. Approved the Warrants Register through October 14, 2025

4. Approved the Minutes of September 23, 2025

5. Approved the minutes for the September 25, 2025, State of the City; October 3, 2025, Assembly Member Gonzalez Legislative Update Luncheon; October 3, 2025, Assembly Member Gonzalez Town Hall Meeting; and the October 7, 2025, ULI Technical Assistance Leadership Exchange Program (TAP)
Pulled Item

6. Award bid to WEKA, Inc. for the Phase V Water Service Replacement Project in the amount of $388,939 plus 10% contingency for a total project cost of $427,832.90 and authorize staff to execute a Public Works Agreement with WEKA, Inc. and move forward with the Notice of Award and Notice to Proceed
Agenda Item 9.

City Manager Patrick Martinez gave staff report.

Council asked questions. Director of Development Services/Capital Projects Kathy Raasch and City Manager Patrick Martinez responded.

Mayor Jernigan opened public comment at 6:49 pm.

No public comment.

Mayor Jernigan closed Public Comment at 6:49 pm.

Vice Mayor Campbell made a motion, second by Council Member McCorkle, to award bid to WEKA, Inc. for the Phase V Water Service Replacement Project in the amount of $388,939 plus 10% contingency for a total project cost of $427,832.90 and authorize staff to execute a Public Works Agreement with WEKA, Inc. and move forward with the Notice of Award and Notice to Proceed Motion carried by the following roll call vote:

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

7. Adopt Resolution 2025-42 Approving a First Amendment to the Employment Agreement with Kathy Raasch for Development Services/Capital Projects effective October 14, 2025, setting a salary of $159,300 in compliance with SB 1436 and incorporate into the salary schedule FY 2025-2026.

Director of Development Services/Capital Projects Kathy Raasch left the room during discussion.

City Manager Patrick Martinez gave staff report.

Council asked minimal questions. City Manager Patrick Martinez responded.

Mayor Jernigan opened public comment at 6:53 pm.

No public comment.

Mayor Jernigan closed Public Comment at 6:53 pm.

Vice Mayor Campbell made a motion, second by Council Member McCorkle, to Adopt Resolution 2025-42 approving a First Amendment to the Employment Agreement with Kathy Raasch for Development Services/Capital Projects effective October 14, 2025, setting a salary of $159,300 in compliance with SB 1436 and incorporate into the salary schedule FY 2025-2026.

Motion carried by the following roll call vote:

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

8. Authorize the City Manager to Execute the Agreement with San Bernardino County for the Homeless Services Program and to Issue a Request for Proposals (RFP) City Manager Patrick Martinez gave staff report.

Council asked minimal questions. City Manager Patrick Martinez responded.

Mayor Jernigan opened public comment at 7:03 pm.

George Deleon asked staff who can submit an RFP. City Manager Patrick Martinez responded.

Mayor Jernigan closed Public Comment at 7:05 pm.

Council Member McCorkle made a motion, second by Vice Mayor Campbell, to Authorize the City Manager to Execute the Agreement with San Bernardino County for the Homeless Services Program and to Issue a Request for Proposals (RFP)
Motion carried by the following roll call vote:

Agenda Item 9.

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

9. Provide Staff Direction on the purchase of Open Meeting Technologies Council voting software, equipment, installation, and staff training, for a total project cost not to exceed $15,500.

City Manager Patrick Martinez gave staff report.

Council Member Longbrake reported on why he brought this item forward.

Council asked questions and considerable discussion ensued. City Staff responded.

Vice Mayor Campbell made a motion, second by Council Member Longbrake, to Authorize the purchase of Open Meeting Technologies Council voting software, equipment, installation, and staff training, for a total project cost not to exceed $15,500.

Motion carried by the following roll call vote:

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

Absent: None
Abstain: None

10. Provide staff direction to submit the non-binding Notice of Intent to Propose to Visit California for California Welcome Center certification; and return to City Council on October 28, 2025, with a finalized operating plan and fiscal commitments for consideration before submitting the full application due November 4, 2025.

City Manager Patrick Martinez gave staff report.

Council Member Belt reported on why she brought this item forward.

Council asked questions and considerable discussion ensued. Karrie Brazaski of the Chamber of Commerce and Visitor Center responded.

Mayor Jernigan opened public comment at 7:36 pm.

No public comment.

Mayor Jernigan closed Public Comment at 7:36 pm.

Vice Mayor Campbell made a motion, second by Council Member Belt, to authorize staff to submit the non-binding Notice of Intent to Propose to Visit California for California Welcome Center certification; and return to City Council on October 28, 2025, with a finalized operating plan and fiscal commitments for consideration before submitting the full application due November 4, 2025.

Motion carried by the following roll call vote:

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

11. Approve Sixth Amendment to On-Call Consulting Services Agreement Between the City of Needles and Development Management Group, Inc. For Economic Development Consulting Services in the amount not to exceed $70,000 and extend the term of the Agreement until June 30, 2026.

City Manager Patrick Martinez gave staff report.

Council asked questions and considerable discussion ensued.

Mayor Jernigan opened public comment at 7:48 pm.

No public comment.

Mayor Jernigan closed Public Comment at 7:48 pm.

Vice Mayor Campbell made a motion, second by Council Member McCorkle, to Approve Sixth Amendment to On-Call Consulting Services Agreement Between the City of Needles and Agenda Item 9.

Development Management Group, Inc. For Economic Development Consulting Services in the amount not to exceed $70,000 and extend the term of the Agreement until June 30, 2026.

Motion carried by the following roll call vote:

Ayes: Council Members Ford, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

12. Provide Staff Direction on consideration of a reward system for reporting crimes committed within the City of Needles.

City Manager Patrick Martinez gave staff report.

Council asked questions and considerable discussion ensued.

Council directed staff to let the sheriff’s department handle this as they have been, continue utilizing the We Tip system and push this information out to the public.

CITY ATTORNEY REPORT – given by Deputy City Attorney Lena Wade CITY CLERK REPORT – given by City Clerk Candace Clark
CITY MANAGER REPORT – for the weeks of September 5 & 12, 2025, given by City Manager Patrick Martinez

COUNCIL REQUESTS
Council Member Ford
• Requested staff research window displays in El Garces • Visitor Center needs way to display their flag to attract visitors Council Member McCorkle
• Reported on ICSC attendance and favorable responses from businesses • Requested staff contact 19th hole about equipment from Carl’s Jr.

Vice Mayor Campbell
• Reported on ICSC attendance and favorable responses from businesses • Decorate El Garces for Christmas
• Reported Women’s Club hosting a golf tournament on February 7 – details to come • Following the status of OHMV program – it is waiting on CHP sign off Council Member Pogue
• Congratulations to Patrick Martinez for his efforts in the City winning the Helen Putnam award for Bob Belt Beach Park
• Requested status update on Denny’s building and the one next to Needles Pt. Liquor • Thanked the Mayor for driving back from Long Beach in time to attend the 10-10 event Council Member Belt
• Flu Season – reminded everyone to get flu shots
Council Member Longbrake
• Requested window wraps in El Garces
• Requested staff reach out to Fidel (Subway, Chevron, Dairy Queen owner) about Carl’s Jr. to see if he is interested in the property
• Requested update on Broadway Nursery and suggested rescinding their CUP • Requested staff remove fence around building next to Needle’s Pointe Liquor • Asked what staff is going to do about Time Change
• Questioned staff on what was voted on for the NHA fencing • Wants billboards on City property along freeway advertising businesses and events • Reported that the 10-10 event time on the community calendar was incorrectly posted Agenda Item 9.
• Asked for status update on sign in front of Council Chambers • Raised concern over guidance given by City Manager to Council Members in decision making Mayor Jernigan
• Thanked city staff for facilitating Assemblymember Gonzalez’s visit • Thanked city staff for efforts in securing Helen Putnam award • Reported that the League of California Cities is reinstating their Rural City Group • Reported on 10-10 event and the upcoming Fall Festival and Fort Mojave Indian Tribe parade ADJOURNMENT – Mayor Jernigan adjourned the meeting at 8:31 PM ________________________________________ ________________________________________ Mayor Janet Jernigan City Clerk Candace Clark
Agenda Item 9.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA HACN Regular Special
Meeting Date: October 28, 2025
Title: September 2025 Treasurer’s Report
Background: Pursuant to California Government Code Section 53607, the City Treasurer is required to make a monthly report of the investment portfolio to the legislative body.

Attached is the September 2025 Treasurer’s Report that contains information on the cash and investments held in the portfolio by the City of Needles, Needles Public Utility Authority, and Housing Authority of the City of Needles.

In September, there were no investments made in LAIF since the City bank balance was needed to meet current financial obligations and ensure minimum compensating balances required to offset fees charged to the various bank accounts.

The LAIF quarterly apportionment rate for the September quarter was down slightly (6 basis points, or 0.06 percent) to 4.34 percent. At its September meeting, the Federal Open Market Committee (the “Fed”) lowered the Fed Funds Rate by 0.25 percent to a range of 4.00-4.25 percent, based on the weak U.S. labor market. An additional 0.25% reduction is widely expected at the upcoming Fed meeting at the end of October. As such, the rate on the investment in LAIF will continue to decline. However, the current LAIF rate far exceeds the return of other allowable investments under the City’s Annual Statement of Investment Policy. LAIF continues to be the most attractive investment with a very favorable rate of return, given current market conditions, and virtually no risk to the portfolio.

and the NPUA 2016 Refunding Revenue Bonds. The All American Canal Trust Fund was created by the US Bureau of Reclamation, the City of Needles and the Metropolitan Water District for the maintenance, capital and operation of the All American Canal. In exchange, Needles received a local water allotment from the Colorado River since it has no formal water rights. The canal is owned by the US Bureau of Reclamation and operated and maintained by NPUA. The trust funds, managed by NPUA in its fiduciary capacity, are held at Zions Bank as the third-party trustee, for canal capital and maintenance. The market value of the funds held at Zion Bank on September 30 was $12,138,755.

US Bank acts as the trustee for the NPUA 2016 Revenue Refunding Bonds. The balances in the accounts at US Bank are usually small, unless funds have been sent to cover upcoming bond payments. These various bond accounts are used simply to receive scheduled bond payments from the NPUA, and then the payments to bondholders are made by US Bank; the NPUA does not repay bondholders directly. The total residual cash held by US Bank was only $188, since the next semi-annual debt service payments are not due again until February 2026.

The City’s investment portfolio conforms to the City’s Investment Policy in all respects. The City Treasurer certifies that the City has sufficient funds to meet its expenditure obligations during the next six months.

Fiscal Impact: LAIF interest is paid quarterly. For the September quarter, interest earned on LAIF balances was $154,321, apportioned at a 4.34 percent interest rate. During the March quarter, prior to efforts to actively invest the City’s idle cash, LAIF interest was only $53,448, despite a slightly higher interest apportionment rate of 4.48 percent. The September quarter earnings represent a $100,873 increase over the March quarter.

For the month of September only, LAIF accounts earned $55,300. The interest earned on interest-bearing bank accounts was $420.

Total portfolio income in September 2025 was $55,720, compared to $60,091 in August 2025. This is a decrease of $4,371 in portfolio income compared to the prior month entirely due to the lower LAIF rate.

Environmental Impact: None.

Recommended Action: Accept and file the September 2025 Treasurer’s Report.

Submitted By: Jill Taura, Interim Finance Director
City Manager Approval: Date:

Other Department Approval (when required): Date: Agenda Item 10.

Agenda Item 10.

Agenda Item 10.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA HACN Regular Special
Meeting Date: October 28, 2025
Title: Extension of Fiscal Year 2024 Audit Services Contract with Vasquez Company LLC

Background: On November 14, 2023, Council approved a professional services agreement with Vasquez Company LLC to provide independent audit services for the fiscal years ended June 30, 2023 and June 30, 2024. The term of the agreement was for two years and expires on November 14, 2025. Due to delays in completing the fiscal year 2023 audit, the audit for fiscal year 2024 is now expected to be completed by December 31, 2025 and audit work is well underway. However, in order to provide a buffer for any unforeseen circumstances in completing the audit, staff recommends extending the term to March 31, 2026.

Fiscal Impact: None.

Environmental Impact: None.

Recommended Action: Approve the extension of the Fiscal Year 2024 Audit Contract with Vasquez Company LLC to March 31, 2026
Submitted By: Jill Taura, Interim Finance Director
City Manager Approval: Date:

Other Department Approval (when required): Date:
10/23/2025
Agenda Item 11.
1 FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“AMENDMENT”) is made and entered into as of October 28, 2025 (“EFFECTIVE DATE”), by and between the City of Needles, a California charter city hereinafter referred to as “CITY” and Vasquez Company LLP, a California limited liability partnership hereinafter referred to as “CONSULTANT.” CITY and CONSULTANT may be referred to individually as a “PARTY” and collectively as the “PARTIES.”

RECITALS
WHEREAS, the PARTIES entered into that certain Professional Services Agreement dated November 14th, 2023 (“AGREEMENT”), the date of approval of the City Council; and WHEREAS, CONSULTANT agreed to provide professional auditing services for the CITY, with compensation being Sixty-Five Thousand One-Hundred Dollars ($65,100) for fiscal year 2023 and Sixty-Six Thousand NineHundred and Three Dollars ($66,903) for fiscal year 2024; and WHEREAS, Section 3.1.2 of the AGREEMENT provides that the AGREEMENT shall automatically terminate after two (2) years unless extended in writing by the PARTIES with the approval of the City Council; and WHEREAS, the PARTIES now desire to extend the term of the AGREEMENT to allow CONSULTANT sufficient time to complete the Fiscal Year 2024 audit in the event CONSULTANT cannot complete the Fiscal Year 2024 audit by November 14, 2025, when the term of the two-year AGREEMENT expires.

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONSULTANT agree as follows:

1. Incorporation of Recitals. The PARTIES hereby agree that the recitals set forth in this AMENDMENT are deemed incorporated into this AMENDMENT and the AGREEMENT by this reference.

2. Definitions. All capitalized terms used but not defined in this AMENDMENT shall have the meanings ascribed to them in the AGREEMENT.

3. Amendment to Section 3.1.2. The PARTIES hereby agree that Section 3.1.2 of the AGREEMENT is hereby amended and replaced with the following:
“3.1.2 Term. This Agreement shall become effective when executed and shall remain in effect until March 31, 2026, unless terminated earlier as provided herein. Any further extension of this Agreement shall require written approval by the City Council of the City.”

4. Purpose of Extension. The PARTIES acknowledge and agree that the extension of the term of the AGREEMENT is specifically to allow CONSULTANT to complete the Fiscal Year 2024 audit in the event CONSULTANT is unable to complete such audit by November 14, 2025.

Agenda Item 11.
2 5. All other terms of the AGREEMENT not expressly amended by this AMENDMENT shall remain in full force and effect.

6. This AMENDMENT shall be governed by the laws of the State of California. Any legal action arising from or related to this AMENDMENT shall be brought in the state or federal courts of the State of California in and for the County of San Bernardino.

IN WITNESS WHEREOF, the PARTIES hereby have made and executed this AMENDMENT to be effective as of the day and year first above written.

CITY OF NEEDLES, CALIFORNIA CONSULTANT

VASQUEZ COMPANY LLP
By: _____________________
Title: ____________________
Date: ____________________
By: _____________________
Title: Partner
Date: October 13, 2025
ATTEST:
________________________
City Clerk
Approved As To Form:
_________________________
City Attorney
Agenda Item 11.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: October 28, 2025
Title: Resolution 2025-43 approving an Agreement between the San Bernardino County Transportation Authority and City of Needles for Senate Bill 125 Funds Administration; and authorize the creation of a new fund to account for the restricted revenues and expenditures associated with the new shuttle service and move the existing current year budget to the new fund Background: The San Bernardino County Transportation Authority is a direct recipient of SB 125 funds that are transferred to SBCTA after CalSTA approval of an allocation package. As part of the allocation package, the City of Needles Fort Mohave Bullhead Shuttle was submitted for funding of operational expenditures to implement the new service. Total approved funding for the City of Needles is $247,084.

Fiscal Impact: The City will receive funding of $247,084 to cover costs over the next several years associated with the new shuttle service. The current Fiscal Year 2025- 2026 budget includes $55,211 for operations funded by $36,232 in SB 125 funds, $14,979 in State Transit Assistance Funds, and $4,000 in fare revenue.

Given that the SB 125 will cover the shuttle costs over multiple years, staff proposes moving the budget to a new “Dial-A-Ride Fort Mohave Bullhead Shuttle” fund to better account for this restricted revenue and tracking of allowable expenditures.

Environmental Impact: N/A
Recommended Action: Waive the reading and adopt Resolution 2025-43 approving an Agreement between the San Bernardino County Transportation Authority and City of Needles for Senate Bill 125 Funds Administration; and authorize the creation of a new fund to account for the restricted revenues and expenditures associated with the new shuttle service and move the existing current year budget to the new fund.

Submitted By: Cheryl Sallis, Community Services Manager City Manager Approval: Date:

Other Department Approval (when required): Date: 10/23/2025__ 10/23/2025
Agenda Item 12.

RESOLUTION NO. 2025-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA,

APPROVING AN AGREEMENT BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEEDLES FOR SENATE BILL 125 FUNDS ADMINISTRATION

AND AUTHORIZE THE CREATION OF A NEW FUND TO ACCOUNT FOR THE

RESTRICTED REVENUES AND EXPENDITURES ASSOCIATED WITH THE NEW SHUTTLE SERVICE

AND MOVE THE EXISTING CURRENT YEAR BUDGET TO THE NEW FUND WHEREAS, the San Bernardino County Transportation Authority (SBCTA) serves as a direct recipient for SB 125 funds that are available to the San Bernardino region which includes the City of Needles, a public entity operating transit services; and
WHEREAS, as part of the SB 125 Approved Project List(s), SBCTA received approval from the California State Transportation Agency (CalSTA) for SB 125 funding for the City of Needles Fort Mohave Bullhead Shuttle (operations expenditures) to implement the new shuttle service; and WHEREAS, SBCTA has provided Agreement No. 25-1003225 which addresses the roles and responsibilities for allocation, disbursement, accounting, auditing, and reporting required for the administration of these funds; and
WHEREAS, given that the SB 125 funds will cover the shuttle costs over multiple years, staff proposes moving the budget to a new "Dial-A-Ride Fort Mohave Bullhead Shuttle” fund to better account for this restricted revenue and tracking of allowable expenditures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Needles, California, hereby approves an Agreement between the San Bernardino County Transportation Authority and City of Needles for Senate Bill 125 Funds Administration and authorizes and directs the Mayor to sign same for and on behalf of the City of Needles; and further authorizes the creation of a new fund to account for the restricted revenues and expenditures associated with the new shuttle service and move the existing current year budget to the new fund.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 28th day of October, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Janet Jernigan, Mayor
ATTEST:

Candace Clark, City Clerk
APPROVED AS TO FORM:

Lena Wade, Deputy City Attorney
Agenda Item 12.

Contract No. 25-1003225 Page 1 of 4
AGREEMENT NO. 25-1003225

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF NEEDLES
FOR
SENATE BILL 125 FUNDS ADMINISTRATION
This Memorandum of Understanding (MOU) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Needles (“AGENCY”) for the purpose of defining the roles and responsibilities of the two parties with respect to the receipt of Transit and Intercity Rail Capital Program (“TIRCP”) Program Funds and Zero-Emission Transit Capital Program (“ZETCP”) funds allocated to SBCTA by the California State Transportation Agency (CalSTA), hereinafter referred to collectively as “SB125 Funds”. SBCTA and AGENCY are each a “Party” and collectively “Parties”.

RECITALS
WHEREAS, AGENCY is a public entity operating transit services; and WHEREAS, SBCTA must serve as a direct recipient for SB125 Funds that are available to the San Bernardino region and that are allocated to AGENCY by SBCTA as defined in Section 13987(j) of the Government Code; and
WHEREAS, SBCTA desires to work as a partner with AGENCY in ensuring the execution and completion of AGENCY’s projects funded by SB125 Funds and included in the SB125 Approved Project List(s) recommended by the SBCTA Board of Directors and approved by CalSTA; and WHEREAS, this MOU addresses the roles and responsibilities for the administration of the SB125 Funds allocated to AGENCY by SBCTA; and
WHEREAS, the Parties understand that the SB125 Funds allocated to AGENCY by SBCTA will be remitted directly to SBCTA from the State; and
WHEREAS, the Parties understand that the disbursement of SB125 Funds allocated to AGENCY by SBCTA is contingent on SBCTA receiving remittance of SB125 Funds from the State; and WHEREAS, the Parties acknowledge that certain SB125 Funds remitted to SBCTA are necessary for certain administrative and financial functions to be used for approved projects to be undertaken by AGENCY.

NOW, THEREFORE, it is mutually understood and agreed by SBCTA and AGENCY as follows:

Agenda Item 12.

Contract No. 25-1003225 Page 2 of 4
ARTICLE I. RESPONSIBILITIES OF SBCTA AND AGENCY
A. AGENCY shall assist SBCTA in determining eligible projects to be undertaken by AGENCY and the amount of SB125 Funds required for each eligible AGENCY project.

B. The SBCTA Board of Directors shall approve the SB125 Funds apportionments and Project List(s) in accordance with SB125 Program Guidelines developed by CalSTA and in accordance with the estimated funding levels identified by SB125.

C. AGENCY will prepare, with assistance from SBCTA as needed, all documentation required to be submitted to CalSTA to receive allocations of SB125 Funds. SBCTA will submit required documents to CalSTA, in accordance with the SB125 Program Guidelines developed by CalSTA, for mutually agreed upon eligible projects.

D. For operating funds, SBCTA shall disburse SB125 Funds to AGENCY as SBTCA receives SB125 funds from CalSTA. Total disbursement amounts to AGENCY will be in accordance with AGENCY’s approved operator allocations approved by the SBCTA Board of Directors.

E. For capital projects, SBCTA shall disburse SB125 Funds to AGENCY as AGENCY bills SBCTA on a cost-incurred basis. Total disbursement amounts to AGENCY will be in accordance with AGENCY’s approved SB125 Fund allocation amount.

F. AGENCY shall deposit their TIRCP Funds and ZETCP Funds into interest-bearing bank accounts dedicated only to the TIRCP and ZETCP Funds for transparency of fund receipt and in accordance with the SB125 Program Guidelines developed by CalSTA. If separate accounts are not possible, AGENCY must show documents or subaccounts dedicated to TIRCP Funds and ZETCP Funds.

G. AGENCY shall document and publicize the TIRCP and ZETCP in proper context when developing press releases and board documents or in hosting public events, such as project groundbreakings, for projects awarded funding from SB125. References should be made to TIRCP, ZETCP, CalSTA as the program sponsor, and the state programs as fund sources, as applicable, to ensure transparency regarding the funding of the projects, H. AGENCY shall prepare, with assistance from SBCTA as needed, all required reports related to receipt and expenditure of SB125 Funds, including annual reports due on October 31 of each year and close-out reports, in accordance with the SB125 Program Guidelines developed by CalSTA.

SBCTA will submit the finalized reports to CalSTA on behalf of AGENCY.

I. AGENCY is responsible for ensuring the project is completed as described in the SB125 Project List(s) approved by the SBCTA Board of Directors and CalSTA.

J. AGENCY is responsible for notifying SBCTA expeditiously should any circumstances prevent AGENCY from completing the project as described in SB125 Project List(s) approved by the SBCTA Board of Directors and CalSTA. AGENCY will provide all documentation required for SBCTA to submit a modified SB125 Project List to CalSTA for approval upon approval by the SBCTA Board of Directors.

Agenda Item 12.

Contract No. 25-1003225 Page 3 of 4
K. AGENCY acknowledges that audits and on-site monitoring can take place at any time at the discretion of CalSTA, without prior warning given to AGENCY. CalSTA has the right to audit the project records, including technical and financial data of SBCTA, AGENCY, and any consultant or sub-consultants at any time after award, during the course of the project and for three years from the date of the final closeout of the project, therefore all project records shall be maintained and made available at the time of request.

L. AGENCY acknowledges that the State may terminate the disbursement of funds if it learns of or otherwise discovers that there are allegations supported by reasonable evidence that a violation of any State or Federal law or policy by AGENCY that affects performance of this funding or any other grant agreement or contract entered into with the State. If funding disbursement is terminated, or project approval revoked, AGENCY may be required to fully or partially repay funds from the TIRCP or ZETCP.

M. In the case that expenditure deadlines are amended into the SB125 Program Guidelines developed by CalSTA, AGENCY is responsible for ensuring SB125 Funds are expended by the deadline.

ARTICLE II. GENERAL PROVISIONS
A. Term of MOU: This MOU shall be effective upon execution by SBCTA. The MOU shall remain in effect until terminated by mutual written consent of both parties.

B. Legal Authority: The signatories to this MOU warrant that they are duly authorized to execute this MOU on behalf of the Parties and that, by so executing the MOU, the Parties hereto are formally bound to the provisions of this MOU.

C. Assignment: Neither this MOU, nor any of the Parties’ rights, obligations, duties, or authority under this MOU may be assigned in whole or in part by either Party without the proper written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to any assignment shall not be deemed consent to any subsequent assignment.

D. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this agreement.

E. Withdrawal and Termination: Any Party may withdraw from this MOU upon thirty (30) days’ written notice to the other Party, providing that the notice of withdrawal sets forth the effective date of the withdrawal and the reason for the withdrawal.

F. Notices: Any notices, requests, or demands made between the Parties pursuant to this MOU are to be directed as follows:

Agenda Item 12.

Contract No. 25-1003225 Page 4 of 4
City of Needles San Bernardino County Transportation Authority 817 Third Street 1170 W Third Street, 2nd Floor
Needles, CA 92363 San Bernardino, CA 92410
Attn: Cheryl Sallis Attn: Brianna Martinez
Community Services Manager Management Analyst III
[email protected] [email protected]
G. Severability: If any term, provision, covenant, or condition of this MOU is held to be invalid, void, or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this MOU shall not be affected thereby, and each term, provision, covenant, or condition of this MOU shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of MOU: This MOU may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original and all of which together shall constitute the same agreement. Electronic signatures are permitted.

I. Force Majeure: Either Party shall be excused from performing its obligations under this MOU during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood or other natural disaster; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party, when notice of such event is given within 21 calendar days of its occurrence and satisfactory evidence of such cause is presented to the other Party, and provided further that such event was unforeseeable, beyond the control of and not due to the fault of the Party seeking excuse of performance.

J. The Recitals are incorporated into and made a part of this MOU.

IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
____________________________
Carolyn L. Schindler
Executive Director
____________________________
Date
Approved as to Form:
____________________________
Julianna K. Tillquist
SBCTA General Counsel
____________________________
Date

CITY OF NEEDLES
___________________________
Janet Jernigan
Mayor
___________________________
Date
Approved as to Form:
___________________________
John Pinkney
City Attorney
___________________________
Date
Agenda Item 12.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: October 28, 2025
Title: Approve Amendment No. 30 to Contract No. 99-376 with the County of San Bernardino for law enforcement services in the City of Needles and increase appropriations by $172,195 for the Sheriff's contract and $25,000 for overtime funded with $197,195 of General Fund reserves
Background: The City was notified by the San Bernardino County Sheriff’s Department that the Sheriff's Employees' Benefit Association (SEBA) received an MOU increase, effective October 4, 2025, that will increase the cost of the overall law enforcement contract by approximately 6.9%. The original contract, previously approved by Council, was $3,675,205. This amendment will increase the overall contract by $252,195 to a total of $3,927,400 for Fiscal Year 2025-2026.

In anticipation of County’s labor negotiations, the City Manager budgeted a contingency of $80,000 for the salary portion of the contract and an additional $15,000 for associated overtime costs. However, due to the unanticipated size of the increase, the budget is short by $172,195 for the base contract and $25,000 in associated overtime. The Sheriff’s Department anticipates an additional 4% increase in year 2 and another 4% in year 3 over the term of the contract.

Fiscal Impact: $197,195 in General Fund reserves are needed to cover the increased costs of the contract with the County Sheriff’s Department. This contract amendment has no effect on the Sheriff's Service Specialist, which is funded using COPS funds, or the contractual arrangement with the Needles Unified School District that pays 50% of the costs of that position.

Environmental Impact: None.

Recommended Action: That Council:

1. Approve Amendment No. 30 to Contract No. 99-376 with the County of San Bernardino amending Schedule A to reflect an MOU increase for certain personnel effective as of October 4, 2025; and,

2. Increase appropriations by $172,195 for the Sheriff’s contract and $25,000 for overtime funded with $197,195 of General Fund reserves.

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

Other Department Approval (when required): Date: 10/23/2025 10/23/2025
Agenda Item 13.

Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Needles
Contractor Representative Janet Jernigan, Mayor
Telephone Number (909) 799-2800
Contract Term 07/01/2025 through 06/30/2026
Original Contract Amount $3,675,205
Amendment Amount $252,195
Total Contract Amount $3,927,400
Cost Center 4414351000
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 30
Effective October 4, 2025, Contract No. 99-376 to provide law enforcement service to the City of Needles is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated herein by this reference.

Except as amended, all other terms and conditions of this Contract remain as stated therein.

Contract Number
99-376 A-30
SAP Number
N/A
Agenda Item 13.

[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Needles
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Janet Jernigan
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 817 Third Street
Needles, CA 92363-2933
Agenda Item 13.

SCHEDULE A
Law Enforcement Services Contract
City of Needles
2025-26
COST

MOU INCREASES
(EFF. 10/4/25)

TOTAL NEW

CONTRACT AMOUNT
(EFF. 10/4/25)

0.31 Lieutenant $ 124,648 1 $ 10,705 1 $ 135,353 1

1.35 Sergeant 437,153 1 34,745 1 471,898 1

1.00 Detective/Corporal 275,764 1 25,227 1 300,991 1

8.42 Deputy Sheriff 1,933,628 1 181,518 1 2,115,146 1

0.90 Sheriff’s Service Specialist 85,989 1 85,989 1

0.50 Office Specialist 49,534 1 49,534 1

4.00 Marked Unit 90,634 2 90,634 2

1.00 Unmarked Unit 11,395 2 11,395 2

0.90 Pickup truck 9,884 2 9,884 2

1.00 Citizen Patrol Truck 8,763 2 8,763 2
Dispatch Services 217,072 1 217,072 1

11.90 HTs (Amortization, Access & Maintenance) 19,064 19,064

10.00 Taser Replacement (Amortized over 5-years) 10,316 10,316 Administrative Support 17,208 17,208
Office Automation 42,341 42,341
Body Worn Cameras 14,646 14,646
Vehicle Insurance 22,887 22,887
Personnel Liability & Bonding 262,978 262,978
Workers' Comp Experience Modification (12,185) (12,185) County Administrative Cost 53,487 53,487
Cost for FY2025-26 $ 3,675,205 1-5 $ 252,195 1 $ 3,927,400 1-5 Monthly Payment Schedule
1st payment due July 15, 2025: $306,268
2nd through 3rd payments due the 5th of each month: $306,267 4th payment due October 5, 2025: $334,294
5th through 12th payments due the 5th of each month: $334,288 1 2
3 4
5 Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

No replacement cost is included for grant funded or donated vehicles.

Services and supplies will be billed to the City on a quarterly invoice.

Grant funded, donated and non-replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.

LEVEL OF SERVICE
Agenda Item 13.

SCHEDULE A
Law Enforcement Services Contract
City of Needles
2025-26
Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memoranda of Understanding with the County’s various employee organizations. • Actual overtime costs.
• Actual on-call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.

SAFETY: GENERAL:

Lieutenant - 0.31 Sheriff's Service Specialist - 0.90
Sergeant - 1.35 Office Specialist - 0.50
Detective/Corporal - 1.00 Dispatchers - 1.40
Deputy Sheriff Tier 2 - 8.42 2.80

11.08 VEHICLES: DONATED VEHICLES LIST:

Marked Patrol Units - 4.00 Command Post Trailer - 1.00 * Safety Unmarked Units - 1.00 Polaris UTV - 1.00 *
Pickup Trucks - 0.90 Message Board Trailer - 1.00 *
Citizen Patrol 1.00 3.00 *
Donated Vehicles-Ins Only - 3.00 *

9.90 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY
Agenda Item 13.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: October 28, 2025
Title: Direction Regarding Visitor Center Program and California Welcome Center Certification
Background: On October 20, 2025, the Visitor Center Committee, including representatives from the Needles Chamber of Commerce, met to evaluate the feasibility of pursuing California Welcome Center (CWC) certification and to assess the long-term costs and operational impacts.

After reviewing financial data and program requirements, the Committee determined that the costs associated with certification and expanded operations would not be financially feasible for the City at this time. The projected costs include approximately $95,000 in the first year, covering one-time startup and branding expenses, and about $71,000 annually thereafter to maintain seven-day-per-week operations and staffing. This represents an estimated total of $379,000 over the initial five-year period.

As part of the financial review, staff also evaluated specific CWC program expenses, including a one-time application fee ($1,000), welcome package ($9,000) for required signage and displays, annual membership dues ($5,000) for participation in statewide marketing and promotions, and Caltrans freeway signage (≈$7,000) for directional wayfinding. These costs, combined with the additional labor and operational requirements, contributed to the Committee’s recommendation to defer the program.

The Committee recommended that the City focus on strengthening the capacity of the existing Visitor Center and leveraging the upcoming Route 66 Centennial to naturally attract increased tourism. With the Centennial expected to draw significant traveler interest statewide, Needles has a strategic opportunity to position itself as the gateway to the Colorado River Valley region, highlighting its heritage, recreation, and hospitality assets.

The City will continue to support tourism and visitor outreach through its ongoing partnership with Tripepi Smith & Associates, who provide professional marketing and public affairs services under a not-to-exceed $40,000 annual contract. Their current scope includes attraction videos, social media and digital ad campaigns, and brand promotion tied to the Route 66 Centennial.

The Chamber of Commerce will maintain day-to-day Visitor Center operations under the existing $24,000 annual agreement (expiring April 21, 2026), aligning messaging and outreach efforts with the City’s broader marketing strategy.

Fiscal Impact: The Visitor Center Committee estimates the total cost of certification and expanded operations at approximately $95,000 in the first year, including startup and branding expenses, and $71,000 annually thereafter to sustain seven-day-per-week operations and staffing—about $379,000 over five years. These figures include the existing $24,000 annual payment to the Chamber of Commerce for Visitor Center operations. Deferring the California Agenda Item 14.

Welcome Center initiative avoids these additional costs and keeps the program within the City’s existing tourism and marketing budget.

Recommended Action: That the City Council:

1. Acknowledge the findings of the October 20, 2025 Visitor Center Committee meeting.

2. Defer pursuit of California Welcome Center certification due to cost and sustainability considerations.

3. Direct staff to focus on leveraging the existing Visitor Center and the City’s marketing partnership to promote Needles during the Route 66 Centennial and attract visitors to the Colorado River Valley region.

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

Other Department Approval (when required): Date:
10/23/2025
Agenda Item 14.

TIER ONE:

AWNING $TBD
BRANDED APPAREL $TBD
BRANDED PROPS $1,700-2150
BROCHURE RACK UPGRADE $TBD
SOCIAL MEDIA KIOSK $30-200/month
EXPLORE BOARD $4,000
TIER TWO:

EXTERIOR BENCH $3,200
EXTERIOR BIKE RACK $2,625
DISPLAY KIOSK $8,000-10,000
CONCESSIONS KIOSK $7,000-9,000
INTERACTIVE MAP $25,000
FLOORING $TBD
47 ADD-ONS
RECAP
TIER
Agenda Item 14.

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 Larry Ford
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: October 10, 2025

1. Needles Honored with Helen Putnam Award at Cal Cities Conference From October 8–10, 2025, Mayor Janet Jernigan, Councilmember JoAnne Pogue, and City Manager Patrick Martinez represented the City of Needles at the League of California Cities Annual Conference, where Needles was honored with the 2025 Helen Putnam Award for Excellence. Presented annually by the League, the award recognizes cities for innovative programs that enhance community well-being and service delivery. Needles received this distinction in the Public Works, Infrastructure, and Transportation category for the Bob Belt Beach Park Project — a Clean California-funded transformation of a onceunderutilized riverfront into a safe, shaded, and ADA-accessible public space that fosters recreation and community pride. As award winners, the City hosted a booth at the conference, providing an opportunity to share Needles’ story of innovation, resilience, and community revitalization with leaders from across California. The official press release is available here, and the award presentation can be viewed here.

2. City of Needles Featured in PublicCEO for Innovation and Excellence The City of Needles was featured twice this week in PublicCEO, a statewide publication highlighting innovation and leadership in local government. The first article, published in PublicCEO’s special League of California Cities Conference edition, recognized Needles’ 2025 Helen Putnam Award for Excellence for the Bob Belt Beach Park Project. The feature celebrated the City’s transformation of a once-underutilized riverfront into a safe, shaded, and ADA-accessible public space that promotes recreation and community pride. (Here is the link to the article: City of Needles Receives Helen Putnam Award for Bob Belt Beach Park Project).The second article highlighted the City’s redesigned website, developed in partnership with Tripepi Smith, which enhances accessibility, usability, and alignment with the City’s goals for transparency and community engagement. (Here is the link to the article: City of Needles Launches Redesigned Website with Tripepi Smith Support).

These statewide features directly support the City Council’s goals to enhance public communication, improve access to City services, and invest in quality-oflife projects that strengthen community identity and attract visitors to Needles.

3. City Manager Participates in California City Management Foundation Panel City Manager Patrick Martinez was honored to serve as a panelist at the 2025 League of California Cities Annual Conference, participating in the California City Management Foundation’s (CCMF) session titled “Reframing Career Challenges as Leadership Milestones.” The panel, moderated by El Cerrito City Manager Karen Pinkos, also included Alexa Davis, Assistant City Manager of Rolling Hills Estates, and Bret Prebula, City Manager of Suisun City. Drawing from Needles’ real-world experience, Martinez shared how city leaders can turn organizational challenges into opportunities for growth, resilience, and stronger team culture — emphasizing that “communication is leadership.” Participation in this statewide forum directly supports the City Council’s goals of advancing professional excellence, fostering effective leadership, and promoting a culture of continuous improvement across all departments. The full CCMF event announcement is available here.

4. Urban Land Institute (ULI) Technical Assistance Panel in Needles The City of Needles was honored to host the Urban Land Institute (ULI) California–Nevada Technical Assistance Program (TAP), one of only six cities selected statewide for this fully grant-funded initiative. Led by ULI Orange County/Inland Empire and supported by the Randall Lewis Center for Sustainability in Real Estate, the panel of experts provided strategic guidance on housing, economic development, and climate resilience. Their presentation, “Heat and Housing in Needles,” outlined actionable steps to attract investment, address extreme heat, and enhance community livability — aligning with the City Council’s goals for sustainable growth and resilient infrastructure. The City extends its appreciation to the TAP panel — including Kendra Chandler, Karen Gulley, Scott Naples, Tammy Seale, Tom Grable, Matthew Romero, Adam Seidman, Kelly Annis, and Mallory Belknap — for their time, expertise, and commitment to the future of Needles. Please refer to the attached presentation for discussion topics and preliminary findings; the final report will be distributed in November.

5. Needles Pride Program & Infrastructure Improvements
The Needles Pride Program brings together residents, property owners, and businesses to beautify neighborhoods, promote civic pride, and support property maintenance. The City continues to invest in infrastructure, public safety, and enhanced public spaces through ongoing beautification and improvement projects. As part of these efforts, new custom decorative light fixtures for Broadway and Santa Fe Park were delivered this week, with installation scheduled to begin immediately. These fixtures will enhance the aesthetics and nighttime visibility of the downtown corridor, reinforcing the City’s commitment to creating a welcoming, vibrant, and well-lit community. Residents can report concerns by calling 760-326-2115 (press #9) or using the Needles Connect app on Google Play Store (Android) and Apple Store (iOS). Together, we’re

building a safer, stronger Needles! Refer to the attached images for a preview of the new lights.

6. River’s Edge Golf Course – Restaurant Improvement Project Construction is scheduled to begin next week on the City’s facility improvement project at the River’s Edge Golf Course, located at 144 Marina Drive. The 90- day project represents a significant investment in Needles’ tourism corridor along the Colorado River, advancing the City’s long-term strategy to enhance recreation, hospitality, and economic activity in this destination area. The improvements include major upgrades to the restaurant and kitchen facilities to meet San Bernardino County Health Department standards, ensuring the site’s long-term viability and improved service for residents, visitors, and golfers. The project is being completed in partnership with 19th Hole Bar & Grill, LLC under a newly approved 10-year lease, which secures ongoing restaurant operations and provides a steady revenue stream for the City. This investment strengthens one of Needles’ most valuable community assets on the Colorado River and directly supports the City Council’s goal of reinvesting in tourism-focused infrastructure to promote sustainable local growth. During construction, the bar area will remain open while the kitchen is temporarily closed.

7. Double Ten Day Flag-Raising Ceremony – 52nd Anniversary On October 10, 2025, the City of Needles proudly celebrated the 52nd anniversary of its annual Double Ten Day flag-raising ceremony at the historic Needles Courthouse. The event honors the National Day of the Republic of China (Taiwan) and continues a tradition that began in 1972, symbolizing Needles’ enduring commitment to cultural exchange and international friendship.

The ceremony featured the Republic of China Air Force Veterans Color Guard and was attended by representatives from the Taipei Economic and Cultural Office in Los Angeles, along with City, County, and community dignitaries. City officials in attendance included Mayor Janet Jernigan, Councilmembers Henry Longbrake and JoAnne Pogue, and City staff. With the exception of one interruption following 9/11, this cherished tradition has been held for more than five decades, reflecting Needles’ lasting connection to the global community.

Please refer to the attached images for highlights from the ceremony.

8. 2025 State of the City – Now Available Online
The City of Needles’ 2025 State of the City presentation is now available for viewing on the City’s newly redesigned website. Click here to watch the full presentation. Held on September 25 in partnership with the Needles Chamber of Commerce and Visitor Center, this year’s State of the City carried the theme “From Planning to Progress,” highlighting the City’s growth and momentum driven by the collaboration of the City Council, staff, local businesses, and residents. Mayor Janet Jernigan highlighted key achievements, including a 91% increase in citywide property values since 2017, more than $10 million reinvested in streets, water systems, and safe drinking water, and the transformation of parks such as Duke Watkins Park and Bob Belt Beach Park — the latter recognized as the APWA Project of the Year. The program also celebrated new housing solutions, including 29 affordable micro-units converted

from the former River Valley Inn Motel, expanded HUD-VASH veteran housing, and continued economic growth supported by tourism and more than 600 new jobs in the City’s emerging industries. With major infrastructure investments underway and the Route 66 Centennial on the horizon, Needles continues to build a stronger, more resilient community.

9. Final Reminder – Resume Building Workshop at Palo Verde College Final reminder: Palo Verde College Needles Center will host a Resume Building Workshop on Wednesday, October 15, 2025, from 1:00 p.m. to 2:00 p.m. at 725 W. Broadway Street, Needles. Led by Artemiza Lujano, this free session will help participants craft professional, tailored resumes that highlight their strengths and meet employer expectations. Attendees are encouraged to bring a current resume, but those without one will create one during the workshop.

For more information, contact [email protected] or call 760-921- 5448.

10.Mobile Dental Clinic at Colorado River Medical Center The City of Needles is pleased to share that the San Bernardino County Department of Public Health will return to Needles with its Mobile Dental Clinic from October 20–24, 2025, in the parking lot of the Colorado River Medical Center, 1401 Bailey Avenue. The clinic will offer screenings, exams, cleanings, fillings, limited root canal treatments, and other essential dental services for Medi-Cal recipients and uninsured residents, expanding access to vital healthcare in our community. Appointments are strongly recommended and can be scheduled by calling 1 (800) 722-4777 (press 5). Additional information is available at dph.sbcounty.gov/clinics. The City extends its appreciation to San Bernardino County for their continued partnership and commitment to community wellness, as this initiative directly supports the City Council’s goal of improving quality of life by expanding access to essential healthcare services.

Refer to the attached flyer for details and clinic hours.

11.Discover IE Tri-State Route 66 Media Delegation Visit The City of Needles will be featured as part of the Discover Inland Empire PreITF (Taipei International Travel Fair) Route 66 Tri-State Media Delegation Visit from October 13–18, 2025. Organized in partnership with Ontario International Airport and Taiwan’s China Airlines, the program will highlight key destinations along Route 66 ahead of the Taipei International Travel Fair — one of Asia’s largest travel expos. The media delegation will visit Needles on October 17 to tour historic landmarks, including the Needles Museum and Wagon Wheel sign, promoting the city’s role as California’s eastern gateway on Route 66. This initiative offers valuable international exposure and aligns with the City Council’s goals of advancing tourism, economic development, and regional collaboration.

12.Celebrate 70 Years of Mustang Tradition – NHS Homecoming 2025 Needles High School (NHS) proudly celebrates its 70th annual Homecoming this week. The festivities kicked off with the Mustang Drive and spirited Community Pep Rally, followed by the traditional Senior Class Bonfire. Earlier today, the Homecoming Parade filled the streets with school pride and

community spirit as residents, alumni, and students came together to celebrate decades of Mustang tradition. Tonight, the NHS Mustangs take on Lincoln at 7:00 PM. Congratulations to this year’s Homecoming Grand Marshal and to all those who helped make this milestone celebration a success.

13.Community Events Calendar Now Live
The City’s new website now features a Community Events Calendar—your go-to source for what’s happening in Needles. From festivals to meetings, it’s designed to keep residents and visitors connected. Local organizations are invited to submit or update events through the City Clerk’s Office to keep the calendar fresh and inclusive. Contact Candace Clark at
[email protected] to participate. Together, we can showcase the best of Needles, strengthen community spirit, and make it easier than ever to stay informed. The calendar can also be downloaded directly to your phone.

1. LEAGUE OF CITIES CONFERENCE

1. LEAGUE OF CITIES HELEN PUTNAM AWARD

1. LEAGUE OF CITIES HELEN PUTNAM AWARD

2. PUBLICCEO FEATURE

2. PUBLICCEO FEATURE

3. CALIFORNIA CITY MANAGEMENT FOUNDATION

4. ULI TAP PROGRAM

4. ULI TAP PROGRAM

5. CITYWIDE BEAUTIFICATION

7. DOUBLE TEN DAY

9. PALO VERDE RESUME WORKSHOP

10. MOBILE DENTAL CLINIC