BLYTHE CITY COUNCIL o FIRST RITA SUIP Blythe LABIISHED AGENDA AUGUST 13, 2024 6:00 P.M. Joseph DeConinck, Mayor Johnny Z. Rodriguez, Vice Mayor Joseph Halby, III, Council Member Sam Burton, Council Member Mallory Crecelius, Interim City Manager/City Clerk Brittany Roberto, City Attorney MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA Blythe Blythe City Council Meeting August 13, 2024 6:00pm CALL TO ORDER ROLL CALL Mayor DeConinck Vice Mayor Rodriguez Councilman Halby Councilman Burton PLEDGE OF ALLEGIANCE INVOCATION ADDED STARTER requires a unanimous vote. Interim City Manager/City Clerk Crecelius City Attorney Roberto City Treasurer/Finance Director Elms Chief Building Official Brown Police Chief Dale Fire Chief Hasler The City Council may add ani item to the Agenda after making af findingt that therei is a needt tot takei immediate action on thei item and that the item came tot the attention oft the City Council and/ors staff subsequent tot the posting oft the Agenda. An action adding ani item tot the Agenda requires a: 2/3 vote oft the City Council (40 of5 Council Members). Ifless than 2/3 ofthe City Council is present, adding ani item tot the Agenda All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion oft these items prior to the time of voting on the motion unless members oft the Council ors staff request specific items be discussed and/or CONSENT CALENDAR- (Items 1-15). removedi from the Consent Calendar for separate action. Posting of the Agenda. Friday, August 9, 2024. Approval of the Warrant Register. 1. The summary of agenda items were posted ont the bulletin boards on the outside oft the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Recommendation: Approve 8/13/24, warrants numbered 10717 through 10735 and 78369 through 78421 in the amount of $564,568.71; 8/13/24, warrants numbered 10736 through 10750, 78368 and' 784221 through 78463i int thea amountofs3,589,860.04,8/324, Utility Billing Refund warrants numbered 78464 through 78478 in the amount of $2,304.27; 8/13/24, warrants numbered 10751 through 10759 and 78479 through 78490 in the amount of $420,608.07; 8/13/24, warrants numbered 10760 through 10778 and 78491 through 78542 in the amount $1,278,809.01, and 8/13/24, warrants numbered 10779 and 78543 through 78545 Recommendation: Approve 8/13/24, warrants numbered 54559 through 54560 and Direct Deposits warrants numbered 59223 through 59235 in the amount $11,781.20; 8/13/24, warrants numbered 5454 through 54575 in the amount of $3,083.30; 8/13/24, warrants numbered 54576 through 54598 and Direct Deposits warrants numbered 59333 through 59400 in the amount of $298,184.68; 8/13/24, warrants numbered 54599 through 54600 in the amount of $452.83; 8/13/24, warrants numbered 54601 through 54622 and Direct Deposits warrants numbered 59401 through 59471 in the amount of $314,072.68; 8/13/24, warrant numbered 54623 and Direct Deposits warrants numbered 59472 through 59481 in the amount of $8,223.00; 8/13/24, warrants numbered 54624 through 54636 and Direct Deposits warrants numbered 59482 through 59578 int the amount of $77,892.46 and 8/13/24, 2. int the amount of $17,418.62. Approval of the Payroll Register. 3. warrants numbered 54637 through 54638 int the amount of $633.96. Minutes of the July 9, 2024, City Council Meeting. Recommendation: Approve the Minutes of the. July 9, 2024, Meeting. 4. Any writings or documents provided to ar majority of the City Council regarding any item on this Agenda will be made available for Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. Ina addition such writings and documents willl bep posted ont the City's website: www.clyolhylnecaow, 5. 6. 7. 8. 9. City of Blythe Permits Issued for the Month of July 2024. Recommendation: Receive and file the monthly report. Recommendation: Receive and file the monthly report. Recommendation: Receive and file the monthly report. Quality of Life Program Activity Report for July 2024. Recommendation: Receive and file the monthly report. Investment Report for Fourth Quarter Fiscal Year 2023-2024. Recommendation: Accept and file the Quarterly Investment Report. 10. Public Works Director Agreement - Mirasol B. Elegores. with Mirasol B. Elegores for the position of Public Works Director. City of Blythe Fire Department Monthly Activity Report for July 2024. City of Blythe Police Department Monthly Activity Report for July 2024. Recommendation: Authorize the Interim City Manager to enter into an Employment Agreement 11. Amendment Number One to Law Enforcement Services Agreement Between Palo' Verde Unified School District and City of Blythe for a Critical Incident Prevention & Response Recommendation: Authorize the Interim City Manager to execute Amendment Number One to the Law Enforcement Services Agreement between Palo Verde Unified School District andi the City of Blythe to continue to provide a Critical Incident Prevention and Response Team Officer. Recommendation: Accept $77,500 in additional grant funding for Animal Control Services and authorize the Interim City Manager to execute the First Amendment to the Shelter Services Agreement between the City of Blythe and the University of California (UC) Davis Campus School of Veterinary Medicine on behalf ofi its Koret Shelter Medicine Program. 13. Amendment 5 to Memorandum of Understanding No. 07-71-028-05 between the Riverside County Transportation Commission (RCTC) and the City of Blythe. Recommendation: Authorize the Interim City Manager to execute Amendment No. 5 to Memorandum of Understanding No. 07-71-028-05 between RCTC and the Cityi in substantially the form as attached and in such final form as approved by the City Attorney for trading State Transportation Improvement Program Intra-County Palo Verde Formula funds and Local 14. Agreement with Interwest Consulting Group Inc. for Building Plan Review Services. Recommendation: Authorize the Interim City Manager to execute Agreement No. 2024-046 A with Interwest Consulting Group Inc. for building plan review services once approved by the Team Officer. 12. First Amendment to Shelter Services Agreement. Partnership Program Formula funds for Measure A funds. City Attorney. 15. Revised Management Salary and Benefits Schedule. Recommendation: Adopt the following Resolution: RESOLUTION NO. 2024-027. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING AND ADOPTING THE REVISED MANAGEMENT SALARYAND BENEFITS SCHEDULE. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Publici inspection int the City Clerk's Office at City! Hall, 2351 N. Broadway, Blythe, California during normal business hours. In addition suchy writings and documents will bep posted on the City's website: www.dlyolhyhe.cagov. PUBLIC HEARING: (Items 16-17) 16. City's 6th Cycle Housing Element Update. Recommendation: City Council, subsequent to the public hearing, adopt Resolution No. 2024- 028 and authorize the Interim City Manager to execute Agreement No. 2024-041 A with Veronica Tam and Associates, Inc. for technical assistance in implementing the Housing Element, in an amount not to exceed $15,000, once approved by the City Attorney. RESOLUTION NO. 2024-028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE GENERAL PLANBYADOPTING THE 6TH CYCLE, 2021-20291 HOUSING ELEMENTANDI FINDING THE ADOPTION OF THE HOUSING ELEMENT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION). 17. Tentative Parcel Map 39006- Palo Verde College. Recommendation: City Council, subsequent to the public hearing, adopt the following RESOLUTION NO. 2024-029. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION WITH DE MINIMIS IMPACT, FINDING FOR RESOLUTION NO. 2024-030. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINTING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING TENTATIVE PARCEL MAP 39006 TO ALLOW THE DIVISION OF ONE (1) 197.27 (GROSS) ACRE PARCEL INTO TWO (2) SEPARATE PARCELS ON PROPERTY Resolutions: TENTATIVE PARCEL MAP: 39006. LOCATED AT ONE COLLEGE DRIVE (ASSESSOR'S PARCEL NUMBER 821-200-020). CONTINUED BUSINESS: (Item 18) 18. Save Chuck. NEW BUSINESS: (Items 19-21) Recommendation: Receive and file a report on Save Chuck. 19. Ordinance Establishing Regulations for Shopping Cart Containment. Recommendation: Introduce Ordnance No. 931-24: ORDINANCE NO. 931-24-AN ORDINANCE OF THE CITY COUNCIL OF THEC CITYOFBLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.98 (SHOPPING GARTS) TO ARTICLE IX (MISCELLANEOUS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON 20. Response to 2023-2024 Grand Jury Report entitled: "NARCAN SAVING LIVES IN Recommendation: Approve the response to the 2023-2034 Grand Jury Report in substantially the form as attached and in such final form as approved by the Interim City Manager and authorize the Mayor to execute the response, and direct staff to submit the response as 21. Request to Waive the Temporary Use Permit (TUP)Fee for the Chamber of Commerce's Recommendation: Waive the TUP permit fee of $262.00 for the Chamber of Commerce to host MarketFest in the City's Spring Street parking lot for the Fall 2024 and Winter 2025 SENSE EXEMPTION). RIVERSIDE COUNTY". required. Blythe MarketFest. Sessions. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Publici inspection int the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will bep posted on the City'sv website: www.clyotbynecagow. ORAL REPORTS (Council may ask a question for clarification, make al brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.) PUBLIC COMMENT Public comments will be allowed on matters not appearing on the agenda, but within Council/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration. ADJOURNMENT The next meeting will be held on September 10, 2024, at 6:00 p.m. in the Council Inc compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact ADA Coordinator Mallory Crecelius at (760)922-6161 EXT. 1237 or by email at msutterield@ciyotblymne.ca.gov. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR35.104ADA Chamber, 235 N. Broadway, Blythe, California. NOTE TO THE PUBLIC: Title II). Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Publici inspection int the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents willl bey posted ont the City'sv website: www.clyolbylnecagow. CONSENT CALENDAR -1- -2- C N -3- s 3 De -4- 5 s -6- 6o -7- -8- 1 E -9- 0 N -10- 00 -11- -12- 2 2886888 -13- 3 4 -14- 4 -15- io -16- Co -17- -18- 9 -19- 2 CV -20- -21- CN N -22- s -23- -24- N 2 -25- 3 -26- -27- 5 a -28- 6 -29- -30- -31- 9 0 -32- de D6 -33- -34- N 2 -35- 6 E - -36- 6 a -37- I O - -38- b f -39- 6 -40- 6 A -41- O E -42- 3 -43- Minutes of the Blythe City Council Meeting July9,2024 The July 9, 2024, meeting of the Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Vice Mayor Rodriguez. Also in attendance were Council Members Halby and Burton. Mayor DeConinck was excused from the meeting. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Chief Building Official Brown, Police ChiefDale and Fire ChiefHasler. The Pledge of Allegiance was led by Vice Mayor Rodriguez. The Invocation was led by Councilman Burton. REPORT FROM CLOSED SESSION: City Attorney Roberto stated there is no: reportable action from Closed Session. CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. Ifany item requires individual consideration, it will be removed from the consent calendar and acted upon separately. Posting of the Agenda. July 5, 2024. 1. 2. The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance oft the Council Chamber on Friday, Recommendation: Approve 7/9/24, warrants numbered 10678 through 10709 and 78248 through 78317 in the amount of $838,616.63; 7/9/24, Utility Billing Refund warrants numbered 78318 through 78338 in the amount of $2,079.76; 7/9/24, warrants numbered 10710 through 10713 and 78339 through 78365 in the amount of $143,719.69, and 7/9/24, warrants numbered 10714 Recommendation: Approve 7/9/24, warrants numbered 54503 through 54525, and Direct Deposit warrants numbered 59049 through 59117 in the amount $293,185.93; 7/9/24, warrants numbered 54526 through 54527 in the amount of $15,800.36; 7/9/24, warrants numbered 54528 through 54529 in the amount of $144.91; 7/9/24, warrants numbered 54530 through 54536, and Direct Deposit warrants numbered 59118 through 59153 in the amount of$163,263.71; 7/9/24, warrants numbered 54537 through 54558, and Direct Deposit warrants numbered 59154 through 59222 in the amount of $290,375.91, and 7/9/24, warrants numbered 54561 through 54573, and Direct Deposits warrants numbered 59236 through 59332: in the amount of $84,588.81. Minutes of the June 11. 2024. City Council Meeting. Recommendation: Approve thel Minutes ofthe. June 11, 2024, Meeting. Cityof Blythe Permits Issued for thel Month of. June 2024. Recommendation: Receive and filet the monthly report. City of Blythe Fire Department Monthly Activity Report for June 2024. Recommendation: Receive and file the monthly report. City of Blythe Police Department Monthly Activity Report for. June 2024. Recommendation: Receive and filet the monthly report. Oualityo ofLife Program Activity Report for. June 2024. Recommendation: Receive and filet the monthly report. Approval of the Warrant Register. through 10716 and 78366 through 78367 in the amount of $121,666.83. 3. Approval of the] Payroll Register. 4. 5. 6. 7. 8. -44- 9. Continued Participation in the Riverside County Child Exploitation Team (RCCET). Recommendation: Authorize the Interim City Manager to execute the required update of the Memorandum oft Understanding (MOU) to continue thel Blythe Police Department's participation 10. Acceptance of Work: Recreation Center Floor Repair Project, Wastewater Treatment Plant Recommendation: Accept the work performed by Dobbs Flooring America for the Recreation Center Floor Repair Project, Blythe Glass Doors and More for the Wastewater Treatment Plant Door Replacement Project and Cyle Johnson Electric, Inc. for the Electric Vehicle Charging Station (EVCS) Power Relocation Project, authorize the Mayor and City Clerk to execute and file the Notice of Completions for the projects and authorize the Interim City Manager to release retention payments once the Notice of Completions are recorded and release project bonds once inl RCCET, once: reviewed and approved by the City Attorney. Door Replacement Project and EVCS Power Relocation Project. appropriate. 11. Special Assessment for Prior Year Delinquent Utility Charges. Recommendation: Adopt Resolution No. 2024-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE ADOPTING THE REPORT OF THE DELINQUENT UTILITYACCOUNTS, AND DIRECTING THE CITYMANAGER TO FILE. SAID. REPORT WITH THE COUNTY OF RIVERSIDE. AUDITOR. AND. REQUEST THE AUDITOR PLACE THE. DELIMQUENTACCOINIS ON 12. Levy of Special Taxes within Community Facilities District No. 2004-1 (Hidden Beaches). Recommendation: The Council, in their capacity as acting legislative body for Community Facilities District 2004-1 (Hidden Beaches) adopt Resolution No. 2024-024 authorizing the levy of special taxes within Community Facilities District 2004-1 (Hidden Beaches) for Fiscal Year ARESOLUTION OF THE CITYCOUNCILACTING, AS THE LEGISLATIVE BODYOF: THE COMMUNITYEACILITIES DISTRICT NO. 2004-1 (HIDDEN. BEACHES) OF THE CITY OF BLYTHE. AUTHORIZING THE. LEVY OF, SPECIAL TAXES WITHINTHE COMMUNITY FACILITIES. DISTRICTNO. 2004-1 (HIDDEN. BEACHES) FOR FISCAL YEAR. 13. Adoption of Successor MOU for the Non-Sworn Personnel Represented by the Blythe Police RESOLUTION. NO. 2024-025. Al RESOLUTION OF THE CITY COUNCIL OF THE CITYOF BLYTHE, CALIFORNIA, ADOPTING THE TENTATVPEAGREEMENT REGARDING THE TERMS AND CONDITIONS OF THE. SUCCESSOR MEMORANDUM OF UNDERSTANDING. BETWEEN THE CITYOF BLYTHE. AND THE NON-SWORN. PERSONNEL REPRESENTED BY THE BLYTHE POLICE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2024 14. Ordinance. Adopting Amended Military Equipment Use Policy Pursuant to AB481. ORDINANCE NO. 930-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT USE POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481 AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL, REVIEW UNDER THE CALIFORNIA. ENVIRONMENTAL QUALITYACT (CEQA) PURSUANTTO Interim City Manager Crecelius stated in 2022 Council adopted a Resolution to allow participation in the RCCET. The City Attorney has advised that recommendation No. 9 should be amended to include the adoption of Resolution No. 2024-026. Copies of the Resolution were RESOLUTION. NO. 2024-026. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE CITY OF SAN DIEGO INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM AND AUTHORIZING THE INTERIM CITY MANAGER OR HER DESIGNEE TO EXECUTE THE AGREEMENTAND/ ALLNECESSARYDOCUMEN7S. There is one error in the Final Deal Points Memo attached to the Staff Report for Item No. 13. THETAXROLL 2024-2025. Officers' Association. Recommendation: Adopt Resolution No. 2024-025: THROUGHJUNE: 30, 2026. Recommendation: Adopt Ordinance No. 930-24: CEQS GUIDELINES SECTIONI IAIONOICONNONSENE EXEMPTION). provided to Council and made available to the public. -45- Item No. 3 of the Memo should state "Public Safety Dispatcher/Records Technician", not No public comment. Councilman Burton moved approval of the Consent Calendar. The motion Records Supervisor. was seconded by Councilman Halby with a unanimous aye vote. PUBLIC HEARING: City's 6th Cycle Housing Element Update. Interim City Manager Crecelius stated State law requires that each city adopt a General Plan to guide land use and development. The Housing Element is one of eight required elements of the General Plan. The Housing Element sets forth goals, policies, and programs that address the future housing needs for all income levels over an eight-year period that coincides with the Regional Housing Needs Assessment (RHNA). RHNA quantifies the need for housing within each jurisdiction during specified planning periods. In February 2014, the City adopted the 5th Cycle Housing Element for the planning period of2013 through 2021. The City is required by State law to update its Housing Element every eight years. Every city and county in the Southern California Association of Governments is required to prepare a Housing Element update for the sixth planning cycle, which spans the 2021-2029. The California Department of Housing and Community Development (HCD) reviews each jurisdiction's housing element to determine if it's compliant with State law. A finding of compliance by HCD is referred to as "certification" of the Housing Element. Since February 2022, the City has been working toward compliance and certification of its Housing Element. After two drafts of the 6th Cycle Housing Element were submitted to HCD for review, the City contracted with Veronica Tam and Associates tol bring the City over the finish line. VTA] prepared subsequent drafts of the City's Housing Element addressing HCD's comments. After submittal of the fourth draft, HCD advised that the Draft Housing Element meets the statutory requirements of State Housing Element Law. The most significant changes between the original draft previously reviewed by the City Council and the current draft include restructuring the sites strategy for meeting RHNA consistent with the State Housing Element Law requirement of20 units per acre as feasible for lower income units. The Housing Element now utilizes the commercial zone that allows multi-family housing to accommodate thel lower income RHNA and developing a robust Affirmatively Furthering Fair Housing analysis and including a set of meaningful actions to further fair housing. The Housing Element is required to include an analysis of potential housing sites in the City to accommodate the development of new housing units to meet the RHNA target. As outlined in the draft Housing Element, the City's sites inventory identifies available vacant sites that can accommodate ai total of938 units comprised of 227 lower income, 173 moderate income, and 488 above-moderate income, meeting the RHNA allotment of 82 units for very-low income, 71 units for low-income, 96 units for moderate- income, and 245 units for above-moderate income. The draft 6th Cycle Housing Element and supporting documents are posted on the City's website and available for public inspection in the City Clerk's Office. This is the first of two public hearings to adopt the Housing Element. It is anticipated that the second public hearing will be conducted by the City Council on Tuesday, August 13; 2024. Therefore, it is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding the City of] Blythe's 6th Cycle Housing Element for the planning period of2021 through 2029. -46- No public comment. Councilman Burton moved approval. The Motion was seconded by Councilman Halby with a unanimous aye vote. NEW BUSINESS: License Agreement with County of Riverside for Use of City Building (Doris Morgan Community Center) located at 445 N. Broadway. Interim City Manager Crecelius stated the Riverside County Office on Aging has utilized the City's Doris Morgan Blythe Community Center located at 445 N. Broadway for a Senior Nutrition Program for many years. The prior agreement for that use expired on June 30, 2023. Staff has worked with the County over the last year to negotiate a new License. Agreement for Office on Aging's continued use of this City facility. The attached agreement largely mirrors past agreements. The agreement provides for ai three-year term and includes an increase in the previous monthly fee from $530.45 per month to $900 per month with an annual 3% fee escalator. Office on Aging has funding they wish to use to make improvements to the facility to enhance their program. Due to alkalinity issues in the floor at the Community Center, which has caused the floor to bubble up, it was determined that a floor repair and replacement was necessary. Staff obtained bids from local contractors and identified MT Construction Team, Inc. as the successful bidder. The project includes the removal and replacement of flooring with treatment and repair of floor by applying ai moisture vapor barrier epoxy to protect the new flooring. The installed. flooring will have a 10- year light commercial warranty. The project also includes painting in the main hall and lobby. Office on. Aging also requested a new commercial stove for the kitchen. City staffi reached out to the Gas Company for suggestions on the installation of a gas range. With this information, staff obtained a quote from MT Construction Team, Inc. to provide and install a 48" Wolf Challenger Series 8 burner range. The City will manage the construction of both projects per the City's adopted policies. The County will reimburse the City for 100% of the costs for both projects. Therefore, it is recommended Council authorize the Mayor to execute the License Agreement for use of 445 N. Broadway for a Senior Nutrition Program; authorize the Interim City Manager to enter into an agreement with MT Construction Team, Inc. for the Floor Replacement Project in an amount not to exceed $76,939.84 once approved as to form by the City Attorney; authorize an additional 10% for contingencies, establish a project budget of $84,634, and authorize the Interim City Manager to approve change orders during construction within the approved project budget; and authorize the Interim City Manager to enter into an agreement with MT Construction Team, Inc. for the Stove Replacement Project in an amount not to exceed $17,295 once approved as to form by the City Attorney. The Agenda packet includes a facility diagram. After the. Agenda was posted, the County of] Riverside made a few minor adjustments to the diagram. A copy oft the new diagram was provided to the Council and was made available to thej public. Councilman Halby asked about the cost ofthe floor. No public comment. Councilman Burton moved approval ofs staff's recommendation. The: motion was seconded by Councilman Halby with a unanimous aye vote. Hidden Beaches Water Supply System Improvements Project Design. Interim City Manager Crecelius stated as Council is aware, in August 2023, the City received a Compliance Order from the SWRCB regarding manganese levels in the existing well at the Hidden Beaches Water System. The City is required to demonstrate to the Water Board that with the implementation of a water treatment system, the concentration of manganese in the water -47- delivered to customers will meet the State water quality standard by no later than August 10, 2026. In October 2023, the City engaged The Holt Group to prepare al Preliminary Design Report for the Hidden Beaches Well Site and Manganese Removal System. Until the City is compliant with the Order, the City is required to sample the water quarterly and provide notice to all customers served by the Hidden Beaches system. To address the Order, the proposed project includes the addition of a package treatment system to the existing water supply system to reduce manganese levels in the water source. The existing 330,000-gallon water reservoir that serves the Hidden Beaches Water System is more than 20 years old and has met its useful life. To address this, the water reservoir will be replaced as part of the water system' 's improvement project. Due to their knowledge and previous work on the Hidden Beaches Water System, the Holt Group was asked to prepare a proposal for contract Civil Engineering Design and Bidding Services for the Hidden Beaches Water Supply System Improvements Project. This proposal will produce the engineering, design plans and bidding documents necessary to secure a contractor to perform the work to bring the City into compliance with the Board Order. Therefore, it is recommended the City Council authorize the Interim City Manager to execute Agreement No. 2024-038 A with The Holt Group in an amount not to exceed two hundred seventy-seven thousand and nine hundred forty dollars for design and bidding services for the Hidden Beaches Water Supply System Improvement Project, oncei reviewed and approved by the City Attorney. No public comment. Councilman Burton moved approval of staff's recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote. ORALREPORIS: PUBLIC COMMENTS: Councilman Burton commended the Chief on his efforts the past few days. Jason Rollo, Community Relations Program Manager for Metropolitan Water District stated I havel been coming here since early 2022. MWD is now a substantial landowner in the Palo Verde Valley. It has been a blessing to learn about the valley and meet with community members. I want to make sure that my reach is not limited to those who know me. PVID and MWD are trying to help with future community-based programs and projects to generate economic activity. Tina Felix with daughter Layla Wade of 594 Bell Ln. stated I am here today as a representative of the Blythe Roadrunner's Track Club. On Father's Day weekend twenty of our runners went to Escondido, CA to compete in the regional championships. All of the runners did great, with seven oft the runners qualifying for the Jr. Olympics in North Carolina. Two, one of which is my daughter will participate starting on July 27th. There are good things happening in the community. Iinvite you to come out in November when we: start training in November. Iimplore anyone with ideas or questions to contact me directly. ADJOURN: The City Council meeting was adjourned at 6:23pm. Joseph DeConinck, Mayor ATTEST: -48- Mallory Crecelius, City Clerk -49- 8/1/2024 8:35:09AM City ofl Blythe PERMITS ISSUED For the Period 7/1/2024 thru 7/31/2024 Page 1 Permit No./Issued B2406-033 7/23/2024 6/25/2024 7/16/2024 Applied/Approved Typeub-TypeStatus Site Address and] Parcel No. Owner and Contractor Valuation 34,275.00 Fees 1,618.80 Paid 1,484.80 ALARM FIRE ISSUED Total for: ALARM 691 WESTHOBSONWAY 845100011 Permit) Name FIREALARM DESERTI HORIZON BAKER SYSTEMS! INC 34,275.00 1,618.80 1,484.80 Permit No./Issued B2405-027 7/23/2024 5/29/2024 5/29/2024 Applied/Approved Type/Sub-Type/Status Site Address and) Parcel No. Owner and Contractor Valuation 4,000.00 4,000.00 Valuation 6,000.00 15,000.00 500.00 21,500.00 Valuation 1,500.00 26,900.00 30,680.00 Fees 657.00 657.00 Fees 181.00 181.00 181.00 543.00 Fees 297.00 171.50 913.99 Paid 657.00 657.00 Paid 181.00 181.00 181.00 543.00 Paid 297.00 171,50 913.99 918.84 471.00 CONC APPROACH ISSUED Total for: CONC 1651 NORTHT THIRD: STREET STEVENI NELSON 845153025 Permit Name APPROACH WAY TCCONSTRUCTION Permit No./Issued B2407-009 7/8/2024 7/8/2024 7/8/2024 B2407-016 7/11/2024 7/11/2024 7/11/2024 B2407-014 7/10/2024 7/10/2024 7/10/2024 Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor DEMO-INT ISSUED DEMO-INT ISSUED DEMO-INT ISSUED Total for: DEMO-INT 118&120' WESTI RICESTREET CAZAREZ: & CONTREIAS 848053026 Permit) Name Remove alli fire damage 8751 EAST CHANSLORWAY ROMAN CATHOLICI BISHO 857071001 Permit Name INTERIOR: DEMOLITION 900 WESTI RICESTREET 836122062 Permit) Name INTERIOR: DEMOLITION FERNANDOS. AFFORDABLEFL R&RBINC RICESTREET: HOSPITALITY OWNER Permit. No./Issued B2407-044 7/26/2024 7/25/2024 7/25/2024 B2407-007 7/26/2024 7/5/2024. 7/19/2024 B2406-010 7/2/2024 6/4/2024, 6/25/2024 B2406-023 7/10/2024 6/19/2024 7/8/2024 B2406-039 7/8/2024 6/28/2024 7/3/2024 PERM133 Applied/Approxed ypesub-ypestatus Site Address and Parcel No. Owner and Contractor ELEC ISSUED ELEC SOLAR CANCELLED ELEC SOLAR ISSUED ELEC SOLAR RCVDREVISIONS ELEC ISSUED 691 WEST HOBSONWAY 845100011 Permit Name Repairs ofF Parking Lot) Lighting 21211 RIVIERADRIVE 875270022 Permit Name ROOFN MOUNTSOLAR 433E EASTMURPIYSTREET STROSCHEIN & TORRES 845162018 Permit) Name ROOF SOLAR&I PANELI UPGRADE 9201 EASTI NEVADAAVENUE ELIZABETHLOUISEH CRIM 857074001 Permit) Name Roof Solar, Upgrade & Battery 1730RIVIERADRIVE 869400021 Permit Name Generator DESERT HORIZON SHAWN COPELAND RICHARD &1 KAREN: SAIN BRIGHTI PLANET SOLARI INC ILUMSOLAR 58,017.60 1,019.24 FREEDOMI FOREVERI LLC NANCYCCHARLTON: LIVING: 3,000.00 JOHNSON CYLEI ELECTRICINC 471.00 CW -50- 8/1/2024 8:35:09AM City of] Blythe PERMITS ISSUED For the Period 7/1/2024 thru 7/31/2024 Page 2 B2407-001 7/15/2024 72/2024. 7/11/2024 ELEC ISSUED Total for: ELEC 9011 EASTAVENUEB 851051012 Permit Name Upgrade GRETCHENLKERBER JOHNSON CYLEE ELECTRICI INC 3,000.00 297.00 297.00 123,097.60 3,169.73 3,069.33 Permit. No./Issued B2407-010 7/9/2024 7/8/2024 7/8/2024 Applied/Approyed TypelSub-TypeStatus Site Address and] Parcel No. Owner and Contractor Valuation Fees 842.39 Paid 842.39 842.39 Paid 687.00 404.00 ENCROACHMENT SEWER ISSUED 381 SOUTHSEVENTHSTRLET CITYOF BLYTHEI RIGHT OF WA 5,675.85 848171009 Permitl Name REPAIR BLACK SHEEPPLUMBING Total for: ENCROACHMENT 5,675.85 842.39 Valuation 0.00 0.00 Permit No./Issued B2407-028 7/26/2024 7/16/2024 7/17/2024 B2406-018 7/9/2024 6/17/2024 6/17/2024 Applird/Appraved Type/Sub-Type'Sltatus Site Address and Parcel No. Owner and Contractor Fees 687.00 404.00 EXCAV ISSUED EXCAV ISSUED Total for: EXCAV 3001 blockl Northl Eucalyptus Avenu CITYOF BLYTHE1 RIGHTOF WA Permit Name WO#50153-5360616 RIGHT OF WAYS (SEECUTSHI CITYOFI BLYTHE Permit] Name JUNEBLANKET FRONTIER CALIFORNIAI INC THEGASCOMPANY 0.00 1,091.00 1,091.00 Permit No./Issued B2407-029 7/17/2024 7/17/2024 7/17/2024 Applied/Approved TypeSub-Type'Sitatus Site Address and] Parcel No. Owner and Contractor Valuation 9,177.60 Fees 401.97 Paid 401.97 401.97 Paid 269.00 269.00 Paid 262.00 1,754.08 GARAGE CARPORT ISSUED Total for: GARAGE 591 SOUTHTHIRDSTREET DRAGONFLYI FARMLLC 869080028 Permit Name CARPORT AFC 9,177.60 401.97 Valuation 3,000.00 Permit No./Issued B2407-021 7/12/2024 7/10/2024 7/12/2024 Applied/Approved Type/Sub-lypeStatus Site Address and] Parcel No. Owner and Contractor Fees 269.00 MECH ISSUED Total for: MECH 401 SANLUIS WAY 836171030 CONSUELOMACIEL OHNHARRISONCONTRACTT Permit Name Replace 31 ton! heat pumpi package unit 3,000.00 269.00 Valuation 1,400.00 Permit No./Issued B2407-050 7/29/2024 7/29/2024 7/29/2024 B2405-025 7/1/2024 5/28/2024 6/13/2024 PERM133 Applied/Approved ypeSub-lypestatus Site Address and Parcel No. Owner and Contractor Fees 262.00 OTHER ISSUED OTHER ISSUED 463 COTTONWOODLANE JOHN & YVONNA: SPRAGUE 854110025 848172002 MSC CONSTRUCTION OWNER Permit) Name Gas Line & Concrete Permit Name Interior) Repairs & Remodel 311 SOUTH SIXTHS STREET GREGORIO &1 ESMERALDACO 10,000.00 1,754,08 CRW -51- 8/1/2024 8:35:09AM City of Blythe PERMITS! ISSUED For the Period 7/1/2024 thru 7/31/2024 Page 3 B2407-012 7/10/2024 7/10/2024 7/10/2024 B2406-038 7/3/2024 6/28/2024 7/3/2024 B2407-027 7/17/2024 7/17/2024 7/17/2024 OTHER FINALED OTHER ISSUED OTHER TEAROFF ISSUED Total for: OTHER 3901 NORTH SOLAAVENUE WRAY&E BONDS 851021011 Permit? Name Reroof & Paint 440SOUTHMAIN: STREET CITYOFI BLYTHE 848132003 Permit Name Restroom &I Block Wall 128 SOUTH! BROADWAY 848061006 Permit Name REROOF & PAINT 13,000.00 500,000.00 10,500.00 278.73 0.00 243.79 278.73 0.00 243.79 STEVE GRIFFIN CONSTRUCTIC BURROW CONSTRUCTION ROBING CURTIS WOODS FERNANDOSAFFORDABLEFC 534,900.00 2,538.60 2,538.60 Permit No./Issued B2407-020 7/12/2024 7/10/2024 7/12/2024 B2406-036 7/5/2024 6/28/2024 7/3/2024 B2406-017 7/5/2024 6/13/2024 6/13/2024 B2406-037 7/12/2024 6/28/2024 7/2/2024 B2407-011 7/12/2024 7/8/2024 7/9/2024 B2407-018 7/12/2024 7/12/2024 7/12/2024 B2407-017 7/12/2024 7/10/2024 7/12/2024 Applied/Approved TypeSub-lypeStatus SiteAddress and Parcel No. Owner and Contractor Valuation 2,000.00 2,000.00 371.00 2,000.00 2,000.00 1,600.00 1,600.00 11,571.00 Valuation Fees 38.00 223.00 36.00 36.00 38.00 38.00 38.00 447.00 Fees Paid 38.00 223.00 36.00 36.00 38.00 38.00 38.00 447.00 Paid 2,402,28 PLUMB WATERI HEATER ISSUED PLUMB SEWER FINALED PLUMB WATERI HEATER FINALED PLUMB WATERI HEATER ISSUED PLUMB WATER: HEATER ISSUED PLUMB WATERI HEATER ISSUED PLUMB WATERI HEATER ISSUED Total for: PLUMB 401 SANLUIS WAY 836171030 Permit) Name Change out 40 galt tos 50g gal 842121003 Permit Name Sewer) Linel Repair 5801 PALO VERDE WAY 839011005 Permit Name WATERHEATER 381 SOUTH: SECONDSTREET LOVELEOESTATEOF 848141009 Permit Name Change out 40 gal to5 50gal 1082 TOROCIRCLE 869362011 Permitl Name Change out 40 gal to 50gal 5121 EASTAVENUEB 845162003 Permit) Name WATERHEATER 5101 EASTAVENUEB 845162003 Permit Name WATERI HEATER CONSUELOMACIEL JOHNI HARRISON CONTRACTI BLACK SHEEPI PLUMBING JORDAN: KNIGHT BLACK SHEEP PLUMBING JOHNI FARAISONCONIRACTT WHITE & RUPERT JOHNI HARRISON CONTRACTI ALFREDOMHUERTA PALO VERDEI PLUMBING COM ALFREDOMHUERTA PALOV VERDEP PLUMBING COM 561 NORTHI FOURTH STREET WADE FAMILYLIVING TRUST Permit No./Issued B2406-003 7/23/2024 6/5/2024. 6/17/2024 Applied/Approved Type/Sub-lypeSlatus Site Address and] Parcel No. Owner: and Contractor POOL ISSUED Total for: POOL 5181 RANCHETTE! ROAD 857221005 Permit Name NEW: SWIMMINGI POOL CHRISTOPHER &. JANIE GALLE 70,000.00 2,402.28 BIGBIGPOOLANDSPA 70,000.00 2,402.28 2,402.28 Permit No./Issued PERM133 Applied/Approved Type/Sub-lypeSlatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid -52- 8/1/2024 8:35:09AM City of] Blythe PERMITS ISSUED For thel Period 7/1/2024 thru 7/31/2024 Page 4 B2407-024 7/18/2024 7/15/2024 7/16/2024 REMOVE-R FINALED Total for: REMOVE-R 301 SOUTH SPRING STREET JOSEALVAREZ 16,000.00 181.00 181.00 181.00 Paid 182.82 313.61 348.43 336.41 848122007 Permit Name OWNER 16,000.00 181.00 Valuation 6,300.00 Permit No./Issued B2407-015 7/11/2024 7/11/2024 7/11/2024 B2407-025 7/16/2024 7/16/2024 7/16/2024 B2407-031 7/19/2024 7/19/2024 7/19/2024 B2407-032 7/19/2024 7/19/2024 7/19/2024 Applied/Approved. TypeSub-TypeStatus Site Address and] Parcel No. Owner and Contractor Fees 182.82 313.61 348.43 336.41 RERF TEAROFF FINALED RERF TEAROFF ISSUED RERF TEAROFF ISSUED RERF TEAROFF FEESDUE Total for: RERF 6091 WEST CHANSLORWAY PEREZ&I ESPINOZA 842132023 Permit Name TEAROFF,2400sgf 9831 EASTAVENUEB 851062006 Permit Name TO&OE, 24 squares 848142017 Permit) Name TEAROFF,13SQS 410ALICELANE 848161012 Permit Name TEAROF,5SQS OWNER OWNER JOHN & CATHERINE NELDBER 15,000.00 461 SOUTHFIRSTSTREET MARY HELENR RSANCHEZ 16,575.00 10,000.00 FINALTOUCH CONSTRUCTIO! ANGELA & SARAH: SANCHEZ FINALTOUCH CONSTRUCTIOF 47,875.00 1,181.27 1,181.27 Permit No./Issued RC2405-001 7/22/2024 5/7/2024. 7/16/2024 Applied/Approved vpelublypestatus Site Address and Parcel No. Owner and Contractor Valuation 5,000.00 5,000.00 Valuation Fees 473.65 473.65 Fees 662.00 Paid 473.65 473.65 Paid 662.00 662.00 $906,072.05 $16,478.69 $16,244.29 RIVCOUNTY ISSUED Totalf for: RIVCOUNTY 10531 18THAVENUE 875022010 Permit Name AWNINGS [2] MELTON & SHIPMAN OWNER Permit No./Issued B2405-030 7/15/2024 5/30/2024 6/17/2024 Applied/Approved. TypeSab-TvpeSltatus: SiteAddress and) Parcel No. Owner and Contractor SIGN FINALED Total for: SIGN 201 SOUTHLOVEKIN: BOULEV SEVENTH & VALLEY. JOINTY VE 20,000.00 836122031 Permit Name PERRYBUILDERS 20,000.00 662.00 361 Permits Issued from 7/1/2024Thru 7/31/2024 Total Valuation: Total Fees: Total Fees Paid: PRRM133 CW -53- 8/1/2024 8:57:51AM City of Blythe Page 1 Permits Applications Received For the Period 7/1/2024 thru 7/31/2024 Permit No. Applied Type BP2406-003 7/3/2024 BURNPERMT Permit Name Description: BP2407-001 7/3/2024 BURNPERMIT Permit) Name Includes -022, Piled' Wood Description: BP2407-002 7/8/2024 BURNPERMIT Permit) Name Piled Wood Waste/Brush-in! burnl barrell Description: BP2407-003 7/25/2024 BURNPERMIT Permit Name AGBURN-Alfalfa &I Borders Deseription: INCLUDES 833-210-019 BP2407-004 7/29/2024 BURNPERMIT Permit) Name Includes APN 836-090-047 Description: PILED WOODI WASTE/BRUSH Subtype Status Site Address/Parcel. No. 848150002 848110023 851071036 833210001 836090045 ApplanvOmme/Cantader APPLEBYPROJECTL LLC OSEPHPOILESPIEJR BSBI HOTELS ROWAN WAKEFIELD JERRY&. ANNI PLUMB ETTAI MAE CHITWOODI BUSH OWNER GEORGE &I LYNNAI MARTINEZ APPLIED 401 SOUTHTHIRDSTREET FINALED 600 block West 14th Avenue FINALED 1851 NORTHI BIRCHS STREET FINALED TAOIMELAKFBOLEVARD JOHNI BUSH FINALED 232N NORTH: SOLANOAVENUE 5 Permit Applications from 7/1/2024 Thru 7/31/2024 8/1/2024 8:58:16AM City of Blythe Page 1 Permits Applications Received For the Period 7/1/2024 thru 7/31/2024 Permit No. Applied Type L2407-001 Permit Name Description: 8/1/2024 9:11:53AM Subtype Status Site Address/Parcel No. 842133007 Applicant/Owner/Contractor PRIMEI FAMILYTRUST. &I MARTINEZ 7/10/2024 BUSINESSLICENS APPLIED 5181 NORTH EUCALMPTUSAVENUE CASA del ESPERANZA Permit. Applications from 7/1/2024 Thru 7/31/2024 City of] Blythe Cases Opened (By' Type) For the Period 7/1/2024 thru 7/31/2024 Type of Case BLDG COMPLAINT WEED WITNESS INI FIELD Total Cases Opened: 21 Number opened 1 9 9 2 Cases closed in July: a6 active cases: 385 Remaining -54- 8/1/2024 9:04:29AM City of Blythe Page 1 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 PLANNER NAME: MICHELLE VAN DYKE Project Number Project Type Project Name Status of Project Date Approved Date Closed RECIEVED Owner Name Site Address DESERTI HORIZON 691 WESTHOBSONWAY Date Applied Date Expired 7/25/2024 TUP2407-001 TUP Comments: Construction Trailer Total Projects for MICHELLE VANDYKE For the Period 7/1/2024 thru 7/31/2024:1 8/1/2024 9:08:47AM City of Blythe Page 2 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 PLANNER NAME: MICHELLE VAN DYKE Project Number Project Type Project Name Status of Project Date Approved Date Closed COMPLETED 7/9/2024 7/10/2024 Owner Name Site Address SITE PLAN GARCIA & ALONSO 800 WESTHOBSONWAY Date Applied Date Expired 6/18/2024 SP2406-001 Comments: Total Projects for MICHELLE VAN DYKE Fort the Period 7/1/2024 thru 7/31/2024:1 8/1/2024 9:08:47AM City of Blythe Page 1 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 PLANNER NAME: MALLORY CRECELIUS Project Number Project Type Project Name Status of Project Date Approved Date Closed RECORDED 7/24/2024 Owner Name Site Address PARCEL MAP ROBINSON FARMS 3453 WEST RIVERSIDE. AVENOE Date Applied Date Expired- 7/20/2022 PM2207-001 PM: 38413 Comments: TO CREATE TWO (2) PARCELS Total Projects for MALLORY CRECELIUS For the Period' 7/1/2024 thru 7/31/2024: 1 -55- 8/2/2024 9:20:25AM City of Blythe Page 1 Projects with Chronology Actions (by Action Date) For the Period 7/1/2024 thru 7/31/2024 Project Number Project Name Comments Date Applied Date Approved Status of Project Date Expired Planner Date Closed Action Type Action Date:July 05, 2024 PM2311-001 Final 38860 PM2311-001 Final 38860 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL Action Date:July 08, 2024 PM2311-001 Final 38860 PM2311-001 Final 38860 PM2311-001 Final 38860 PM2311-001 Final 38860 PM2311-001 Final 38860 PM2311-001 Final 38860 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI COUNTER CONTACT 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI LETTER. RECEIVED 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI LETTER RECEIVED 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL Action Date:July 10, 2024 SP2406-001 6/18/2024 7/9/2024 COMPLETED 7/10/2024 MICHELLE VANDYI APPLICANTNOTIFIED Action Date:July 11, 2024 SP2406-002 IONNALOVEKINI BLVD PROIS0 6/27/2024 OUTFORI CORR MICHELLE VANI DYI LETTER RECEIVED CRW/SYSTEMS.S6 8/2/2024 9:20:25AM City of Blythe Page 2 Projects with Chronology Actions (by Action Date) For the Period 7/1/2024 thru 7/31/2024 Project Number Project Name Comments SP2406-002 IONNA LOVEKIN BLVD Date Applied Date Approved Status of Project Date Expired Planner Date Closed Action Type 6/27/2024 OUT FOR CORR MICHELLE VANDYI EMAIL Action Date:July 12, 2024 PM2311-001 Final 38860 PM2311-001 Final 38860 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI PROJECT INFORMATION 11/17/2023 1/9/2024 AWAITING MATERIALS MALLORY CRECELI EMAIL Action Date:July 16, 2024 SP2406-002 IONNALOVEKIN BLVD 6/27/2024 OUTFORCORR MICHELLE VANI DYI EMAIL Action Date:July 22, 2024 SP2406-002 IONNALOVEKIN BLVD 6/27/2024 OUTFORCORR MICHELLE VANI DYI LETTER RECEIVED Action Date:July 23, 2024 SP2406-002 IONNALOVEKIN BLVD 6/27/2024 OUTI FOR CORR MICHELLE VANDYI EMAIL Action Date:July 24, 2024 PM2207-001 PM: 38413 TO CREATE TWO (2) PARCELS Action Date:July 25, 2024 PM2207-001 PM3 38413 TO CREATE TWO (2) PARCELS 18 Proiect(s) Found 7/20/2022 7/24/2024 RECORDED MALLORY CRECELI LETTER: RECEIVED 7/20/2022 7/24/2024 RECORDED MALLORY CRECELI LETTER RECEIVED PROI50 CRWSYSTEMS.s7- 8/1/2024 9:04:29AM City of Blythe Page 2 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 PLANNER NAME: RICKY AGUILAR Project Number Project Type Project Name Status of Project Date Approved Date Closed COMPLETED Owner Name Site Address GRAFFITI Date Applied Date Expired 7/3/2024 G2407-001 Comments: G2407-002 Comments: G2407-003 Comments: G2407-004 Comments: G2407-005 Comments: G2407-006 Comments: G2407-007 Comments: G2407-008 Comments: G2407-009 Comments: sewer lift 62001 block ofDEFRAINI BLVD GRAFFITI 7001 block of SEVILLEI LN GRAFFITI 700b block OfHOLLEYLN GRAFFITI stop sign COMPLETED 7/3/2024 stop sign COMPLETED 7/3/2024 PEDARTIAN CROSSING SIGN COMPLETED 7/3/2024 8001 block OfNLOVEKINI BLVD GRAFFITI no parking anytime sign COMPLETED 7/3/2024 8001 block OfNLOVEKINI BLVD GRAFFITI no parking anytime sign COMPLETED 7/3/2024 7001 block ofl FNLOVEKIN: BLVD GRAFFITI NO PARKING ANYTIME SIGN COMPLETED 7/3/2024 7001 block OfNLOVEKINI BLVD GRAFFITI pedestrian crossing sign COMPLETED 7/3/2024 5001 block of NLOVEKIN BLVD GRAFFITI 3001 block ofsI INTAKE SEWER LIFT COMPLETED 7/3/2024 PROIT5 CRW/SYSTEMS.ss- 8/1/2024 9:04:29AM City of Blythe Page 3 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-010 Comments: G2407-011 Comments: G2407-012 Comments: G2407-013 Comments: G2407-014 Comments: G2407-015 Comments: G2407-016 Comments: G2407-017 Comments: G2407-018 Comments: G2407-019 Comments: GRAFFITI JOSEPH MICHABLHALBY 2021 EASTI HOBSONWAY GRAFFITI 300b block ofs) INTAKE GRAFFITI BLYTHERA320LLC 890] EASTI HOBSONWAY GRAFFITI FERNANDO GUERRA 2801 EASTI HOBSONWAY GRAFFITI 9001 block ofW WELLS ST GRAFFITI covered graffiti COMPLETED 7/10/2024 sewer lift COMPLETED 7/10/2024 covered graffiti COMPLETED 7/10/2024 covered graffiti COMPLETED 7/10/2024 stop sign COMPLETED 7/10/2024 stop sign COMPLETED 7/10/2024 1100 alley way OfECHANSLORWAY GRAFFITI stop sign COMPLETED 7/10/2024 3001 block ofs S SOLANOAVE GRAFFITI 2001 block ofS3RDST GRAFFITI stop sign COMPLETED 7/10/2024 stop sign COMPLETED 7/10/2024 3001 block ofw BEKEMA ST GRAFFITI one way sign COMPLETED 7/10/2024 6001 block of W: DONLON ST PROI15 CRW/SYSTEMSs. 8/1/2024 9:04:29AM City of Blythe Page 4 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-020 Comments: G2407-021 Comments: G2407-022 Comments: G2407-023 Comments: G2407-024 Comments: G2407-025 Comments: G2407-026 Comments: G2407-027 Comments: G2407-028 Comments: G2407-029 Comments: GRAFFITI stop sign COMPLETED 7/10/2024 3001 block of WBARNARDST GRAFFITI HOBSON HOSPITALITY 1689 EASTHOBSONWAY GRAFFITI covered graffiti COMPLETED 7/11/2024 cat walk COMPLETED 7/11/2024 300 block ofED DONLONS ST GRAFFITI cat walk COMPLETED 7/11/2024 4001 block ofEI DEKEMAST GRAFFITI FRANCISCO RASCON 3261 NORTH. ACACIA STREET covered graffiti COMPLETED 7/11/2024 GRAFFITI BARACADE DEAD END COMPLETED 7/11/2024 4001 block ofE CHAPARRALDR GRAFFITI cbv COMPLETED 7/11/2024 7001 block OfLAWRENCE. AVE GRAFFITI 8001 block of WI RICEST GRAFFITI stop sign COMPLETED 7/11/2024 stop sign COMPLETED 7/11/2024 8001 block ofE BARNARDST GRAFFITI speed limit sign COMPLETED 7/11/2024 3001 block ofN] LOVEKIN BLVD PROI15 CRW/SYSTEMS.6. 8/1/2024 9:04:29AM City of Blythe Page 5 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-030 Comments: G2407-031 Comments: G2407-032 Comments: G2407-033 Comments: G2407-034 Comments: G2407-035 Comments: G2407-036 Comments: G2407-037 Comments: G2407-038 Comments: G2407-039 Comments: GRAFFITI pedastrian crossing sign COMPLETED 7/11/2024 5001 block of W CHANSLORWAY GRAFFITI THRIFY PAYLESS INC & CHURCHILL GI6EASTHOBSONWAY GRAFFITI THE LORD WE TRUST 439SOUTHLOVEKIN BOULEVARD covered graffiti COMPLETED 7/17/2024 covered graffiti COMPLETED 7/17/2024 GRAFFITI CITY OF BLYTHE GRAFFITI CITY OFI BLYTHE 4001 BLOCKI NORTH BROADWAY GRAFFITI VILLAGE RETREAT 301 NORTHI EIGHTH STREET covered graffiti COMPLETED 7/17/2024 250 SOUTH COLORADO RIVER ROAD covered graffiti COMPLETED 7/17/2024 covered graffiti COMPLETED 7/17/2024 GRAFFITI stop sign COMPLETED 7/18/2024 3001 block OfNLOVEKIN: BLVD GRAFFITI speed limit sign COMPLETED 7/18/2024 3001 block OfNLOVEKIN: BLVD GRAFFITI watch for children sign COMPLETED 7/18/2024 20001 block of SPARKLINGLAGOON GRAFFITI stop sign COMPLETED 7/18/2024 20001 block of SPARKLING LAGOON PROI15 CRW/SYSTEMS.G- 8/1/2024 9:04:29AM City of Blythe Page 6 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-040 Comments: G2407-041 Comments: G2407-042 Comments: G2407-043 Comments: G2407-044 Comments: G2407-045 Comments: G2407-046 Comments: G2407-047 Comments: G2407-048 Comments: G2407-049 Comments: GRAFFITI CBU COMPLETED 7/18/2024 7001 block OfMICHELLE: ST GRAFFITI stop sign COMPLETED 7/18/2024 7001 block ofl MICHELLEST GRAFFITI 7001 block of YUCCADR GRAFFITI 7001 block OfYUCCADR GRAFFITI stop sign COMPLETED 7/18/2024 stop sign COMPLETED 7/18/2024 STOP SIGN COMPLETED 7/18/2024 1001 block ofl MARIPOSA TRL GRAFFITI speed limit sign COMPLETED 7/18/2024 1001 block ofW CHANSLORWAY GRAFFITI 1501 NORTH DATEI ROAD GRAFFITI WEN & STEPHANY WANG 9331 EASTHOBSONWAY GRAFFITI DEAN. LESTER 508 EASTI HOBSONWAY GRAFFITI CITY OF BLYTHE TODD: PARK COVERED GRAFFITI COMPLETED 7/24/2024 covered graffiti COMPLETED 7/24/2024 covered graffiti COMPLETED 7/24/2024 bathrooms COMPLETED 7/24/2024 PROI15 CRW/SYSTEMS.E 8/1/2024 9:04:29AM City of Blythe Page 7 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-050 Comments: G2407-051 Comments: G2407-052 Comments: G2407-053 GRAFFITI BLYTHE RA320LLC 8901 EASTHOBSONWAY GRAFFITI covered graffiti COMPLETED 7/24/2024 bus stop: sign COMPLETED 7/25/2024 15001 block OfEHOBSONWAY GRAFFITI speed limit sign COMPLETED 7/25/2024 14001 block ofEI HOBSONWAY GRAFFITI pedatrian crossing sign COMPLETED 7/25/2024 14001 block ofEI HOBSONWAY Comments: (7/25/2024 3:01 PMI RA) o G2407-054 Comments: G2407-055 Comments: G2407-056 Comments: G2407-057 Comments: G2407-058 Comments: G2407-059 Comments: GRAFFITI 5001 block ofE1 14TH AVE GRAFFITI 3001 block ofE 14TH AVE GRAFFITI 3001 block ofE 14TH. AVE GRAFFITI speed check radar pole COMPLETED 7/25/2024 speed check radar pole COMPLETED 7/25/2024 speed limit sign COMPLETED 7/25/2024 speed limit sign COMPLETED 7/25/2024 200 block OfNCARLTON. AVE GRAFFITI CHILDREN PLAYING SIGN COMPLETED 7/25/2024 200block OfNCARLTON. AVE GRAFFITI stop sign COMPLETED 7/25/2024 100b block of S SOLANOAVE PROI15 CRW/SYSTEMS -63- 8/1/2024 9:04:29AM City of Blythe Page 8 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-060 Comments: G2407-061 Comments: G2407-062 Comments: G2407-063 Comments: G2407-064 Comments: G2407-065 Comments: G2407-066 Comments: G2407-067 Comments: G2407-068 Comments: G2407-069 Comments: GRAFFITI stop sign COMPLETED 7/25/2024 7001 block ofEI BARNARD ST GRAFFITI cbu box COMPLETED 7/25/2024 14001 block ofl MESQUITECT GRAFFITI no parking lot COMPLETED 7/25/2024 11001 block OfECHANSLORWAY GRAFFITI ROXBURY PROP 701 EASTHOBSONWAY GRAFFITI 100 alley way ofs 1STST GRAFFITI smart and final sign COMPLETED 7/25/2024 stop sign COMPLETED 7/25/2024 traffic light ahead sign COMPLETED 7/31/2024 1000 block of WI HOBSONWAY GRAFFITI one way sign COMPLETED 7/31/2024 500b block of W. DONLON: ST GRAFFITI block baracade COMPLETED 7/31/2024 400 block ofv WI DONLON ST GRAFFITI no right turn sign COMPLETED 7/31/2024 4001 block of W: DONLON! ST GRAFFITI 4001 block of WI RICE ST STOP SIGN COMPLETED 7/31/2024 PROJ15 CRW/SYSTEMS -64- 8/1/2024 9:04:29AM City of Blythe Page 9 Projects by Type, Status and Date For the Period 7/1/2024 thru 7/31/2024 G2407-070 Comments: G2407-071 Comments: G2407-072 Comments: G2407-073 Comments: G2407-074 Comments: GRAFFITI 2001 block ofS PALMI DR GRAFFITI 5001 block of W] RICE ST GRAFFITI stop sign COMPLETED 7/31/2024 CBUBOX COMPLETED 7/31/2024 speed limit sign COMPLETED 7/31/2024 6001 block of W: DEKEMA ST GRAFFITI 3001 block OfTESOROLN GRAFFITI 2001 block of BIRCH ST stop sign COMPLETED 7/31/2024 ) COB WELL SIGN COMPLETED 7/31/2024 Total Projects for RICKY AGUILAR For the Period 7/1/2024 thru 7/31/2024:74 PRO115 CRW/'SYSTEMS -65- CITY OF BLYTHE FIRE DEPARTMENT MONTHLY INCIDENT AND ACTIVITY REPORT July 2024 Incident Total 34 2 2 4 8 1 51 Public Assist /F Rescue / Medical Aid Structure Vehicle Fire Brush, Grass, Leaves Trash, Rubbish, Dumpster Other Total # of Incidents Activity Drills Staff Meeting Total Activities 4 1 5 Respectfully Submitted Ronald Hasler, Fire Chief -66- BLYTHE POLICE DEPARTMENT 2401 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, ChiefofPolice Monthly Incident and Activity Report July 2024 Incident Resident Burglaries Commercial Burglaries Vehicle Burglaries Domestic Violence Battery Grand Theft Petty Theft Shoplifting Traffic Collision-Injury Traffic Collision-Non injury Traffic Collision-Hit and Run Driving Under the Influence Vandalisms Trespassing Prowlers Public Intoxication Alarm Total 6 1 0 9 4 0 6 9 1 10 3 1 11 1 2 9 36 6 3 1 160 1400 Abandoned Vehicle Abatement AVA Vehicles Tows Vehicle Red Tags Documented Police Reports Total Incidents -67- 151 03 BLP BLYTHE POLICE DEPARTMENT 2401 North Spring Street Blythe, CA 92225. *( (760)922-6111 Garth V. Dale, ChiefofPolice LICS Quality of Life Program The statistics listed below reflect total numbers of the Quality-of-Life Program for July 2024. Homeless Detail: People contacted. elsewhere. July 184 3 3 15 2 0 1 1 2 People given bus tickets and left town to seek resources People assisted with obtaining their ID or Social Security Cards to register for housing and assistance. People transported to or referred to DPSS/Mental Health. People detained under 5150 Welfare and institutions Code and transported for treatment. People awaiting acceptance to rehab. People sent to rehab. out of town. People picked up by at family member and taken home_ People assisted with tires and/or gas and relocated to a location for resources out of Blythe. Traffic Detail: Citations issued for various traffic related violations. Traffic enforcement vehicle stops resulting in warnings for 0 2 0 minor violations. Vehicles stored -68- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Investment Report for Fourth Quarter Fiscal Year 2023-2024 June 30, 2024 PRESENTED BY: Christa Elms, City ofTreasurer PREPARED BY: Christa Elms, City ofTreasurer RECOMMENDATION: City Council accepts and files the Quarterly Investment Report. STAFF REPORT: The City of Blythe has fori many years invested all excess cash (cash not needed for daily operations) for all City funds and the Successor Agency with the California State Local Agency Investment! Fund (LAIF). LAIF offers the City andi the Agency liquidity and safety. There are: morej profitable: investment instruments on thei market, but riski increases with FISCAL. IMPACT: None. yield. ATTACHMENTS: A. City ofl Blythe Quarter-end statement from LAIF B. City ofBlythe Quarter-end statement for General Checking Account C.S Successor Agency Quarter-end statement from LAIF D. Successor Agency Quarter-end statement for the. Agency Checking Account E. Successor Agency Quarter-end statement from US Bank -69- Business Statement Account Number: Statement Period: Jun 3,2024 through Jun 30, 2024 Page 1of5 usbank. P.O. Box1 1800 Saintl Paul, Minnesota 55101-0800 3952 TRN $ STO1 1064810746832205 S p"in' CIYOFBLYTHE GENERALI ACCOUNT 235NE BROADWAY BLYTHE CA 92225-1609 * Commercial Customer Servicé: U.S. Bank accepts Relay Calls Intemet: To Contact U.S. Bank 800-798-6466 usbank,com NEWS FOR' YOU Protecting your personali information is one of our top priorities. We also takè great care tor make sure! your information is accurate. As we continue getting to knowy you,) your may receive at future call to ensure your account information is up to date. Asa financial institution, we safeguardy your account through Know Your Customer, an important banking guideline to mitigate risk. Tol leam more about thel Know Your Customer policy, please visit usbank.com/KYC. INFORMATION YOU SHOULD KNOW Effective August 12, 2024, please review updates made to the Your Deposit Account Agreement document which may affect your Beginning July 8, 2024, you can review thet fullr revised document at usbankcomDAA.upcoming-yersion, by calling 24-Hour rights. Banking at 800-USBANKS (872-2657) or by visiting yourl local U.S. Bank branch. Wea accept relay calls. lfyoul have questions or needi tor request a copy oft the current Your Deposit Account Agreement, visit Here's what you should know: Under the' Time Deposits section, the early withdrawal fee. will be removed. usbank.com/tntermsandconditons or please call your customer service team att the phone number listed ati the top oft this statement. CORPORATE CHECKING U.S. Bankl NationalA Association Account Summary Beginning Balance on. Jun 3 Customer Deposits Other Deposits Other Withdrawals Customer Deposits Number Member FDIC Account Number # Items 29 65 65 Date RefNumber Jun4 4 8314428639 Jun 4 8315193574 Jun 4 8315312742 Jun 4 8315193576 Jun 4 8315479800 Jun 6 8913038417 Jun7 9214020041 Jun7 9214020040 Jun 14 9212969276 Jun 14 9212530730 6,753,852.92 102,266.64 3,091,312.09 2,291,778.34- 7,655,653.31 Amount Number 375.00 1,191.73 2,321.35 2,419.78 3,931.02 350.00 357.00 2,237.50 219.00 5,697.23 Ending Balance on Jun 30, 2024 $ Date Ref Number Jun 14 9212530716 Jun 14 9212530720 Jun 14 9212530728 Jun 14 9212784370 Jun 14 9212784368 Jun 14 9212530726 Jun 17 8014911492 Jun20 8915119453 Jun: 20 8913641978 Jun 20 8913641986 Amount 6,186.21 6,995.26 9,528.84 10,926.33 12,856.18 13,336.81 375.00 350.00 2,072.01 2,802.31 Products and services available in U.S, only. Eligibility requirements andi restrictions apply. For additional information, contact a U.S. Bank branch or call 800-872-2657. -70- California State Treasurer Fiona Ma, CPA Local Agency Investment. Fund P.O. Box 942809 Sacramento, CA9 94209-0001 (916)653-3001 CITYOFBLYTHE TREASURER 2351 NORTHI BROADWAY BLYTHE, CA 92225 Account! Number: June 2024 Statement Account Summary Total Deposit: Total Withdrawal: July 01,2024 LAIF Home MIArmseMautiylals TranT Typel Definitions 0.00 Beginning Balance: 0.00 Ending) Balance: 16,949,571.12 16,949,571.12 -71- California State Treasurer Fiona Ma, CPA Local Agencyl Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 SIA CITYOFI BLYTHEI FORI BLYTHE REDEVELOPMENT/ AGENCY FINANCE OFFICER 235) NORTHI BROADWAY BLYTHE, CA 92225 Account! Number: June 2024: Statement AccountSummary Total Deposit: Total Withdrawal: July 01, 2024 LAIFHome FMIAMa.Mamtkyala: TanTymeDefinitions 0.00 Beginning Balance: 0.00 Endingl Balance: 1.57 1.57 -72- Mechanics Bank* Statement Ending 06/28/2024 P.O. Box: 2200 Corona, CA 92878 800.797.6324 www.mechanicsbank.com RETURN SERVICE REQUESTED CITY OFE BLYTHE SUCCESSOR AGENCY TOTHE BLYTHE REDEVELOPMENT AGENCY 2351 NI BROADWAY BLYTHE CA 92225-1609 Page 1of4 Managing Your Accounts Client Services 800.797.6324 Online. Mobile wmechantsabenk.com Download Our Moblle Apps Learn 10 ways to protect yourself against check fraud Goto Mecanctan-conmsons 2165 Bank 2231457396: 0123654321 f Summary of Accounts Account Type PUBLIC INTEREST CHECKING Account Summary Date 06/01/2024 Beginning Balance 06/28/2024 Ending Balance Account Number Ending Balance $2,610,666.11 PUBLIC INTEREST CHECKING-XXXXXXXXX5899 Interest Summary Description 20 Credit(s) This Period 1 Debit(s) This Period Amount Description $1,669,920.03 Interest Earned From 06/01/2024 Through 06/28/2024 $1,065,746.08 Annual Percentage Yield Earned $125,000.00 Interest Days $2,610,666.11 Interest Earned Amount 0.01% 28 $18.08 $18.08 $125.74 Amount $1,065,728.00 Amount $18.08 Interest Paid" This Period Interest Paid" Year-to-Date Deposits Date 06/10/2024 DEPOSIT Other Credits Date 06/28/2024 INTEREST Member E FDIC Description Description -73- -74; CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Public Works Director Agreement- Mirasol B. Elegores PRESENTED BY: Mallory Crecelius, Interim City Manager. PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council authorize the Interim City Manager to enteri into an Employment Agreement with Mirasol B. Elegores forthe positiono ofPublic Works FISCAL IMPACT: Funding for this position was adopted in the FY 2024/25 Operating and BACKGROUND: In late 2022, the City entered into an agreement with GMP Consultants to recruit a Public Works Director. Staff worked with representatives of GMP to create a recruitment profile and determine what traits and experience thei ideal candidate would need to STAFF REPORT: In March, staff re-engaged GMP Consultants to recruit a Public Works Director. Therecruitment effort] led toi the City receiving five applications andi interviewing two candidates. Mirasol Elegores was the successful candidate through the recruitment process. InJune, Council directed the Interim City Manager to enter contract negotiations. Negotiations concluded around July 8, 2024, and the City Attorney prepared the attached Employment Mrs. Elegores has over three decades of experiences int the construction industry and experience asaj professional licensed civil engineer. For the past twenty years shel has performed contract work forj private construction companies, serving as project manager and cost estimator. Priorto that, Mirasol worked for the Department of Environment and Natural Resources in Manilla, Philippines in various technical and management positions. She is very enthusiastic about Staff believes her private sector construction experience will help the City in its economic development efforts. Her background in engineering will also be al hugel help in delivering City Public Works projects. Ther-fonsyitismcommemndal that the City Council authorize thel Interim City Manager to execute the the Employment Agreement with Mirasol B. Elegores for the Director. Capital Budget. possess to best serve the position. Agreement. becoming the City's next Public Works Director. position ofPublic Works Director. ATTACHMENTS: 1. Employment Agreement with Mirasol B. Elegores -75- CITY OF BLYTHE PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT THIS PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT ("Agreement") is made and entered into this 13th day of August, 2024, by and between the CITY OF BLYTHE, a municipal corporation ("City") and MIRASOL B. ELEGORES, an individual ("Employee"). RECITALS A. Subject to the prior approval of the City Council, it is the duty of the City Manager B. Based upon Employee's experience, skills, abilities, background, and knowledge, City, acting through the Interim City Manager, desires to employ the services of Employee in the capacity of Public Works Director of the City; and C. City and Employee desire to provide for certain provisions, procedures, benefits, and requirements regarding the employment of Employee by the City; and D. Employee is willing to work as the Public' Works Director of the City under the terms toa appoint City Department Heads; and and conditions set forth herein. NOW, THEREFORE, City and Employee agree as follows: 1.0. EMPLOYMENT; DUTIES 1.1. Employment. City agrees to retain Employee as the Public Works Director 1.2. Duties and Functions. Employee shall perform the functions and duties of the Public Works Director as set forth in the Blythe Municipal Code, the Public Works Director job description, attached hereto as Exhibit" "A"and incorporated herein, and such other legally permissible functions and duties as the City Manager may assign. The City may amend the provisions of the Blythe Municipal Code relating to the functions and duties of the Public Works Director or the Public Works Director job description at any time without Employee's approval and without an amendment to this Agreement. 1.3. Compliance with Laws. Employee shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Employee shall comply with and carry out the City's rules and regulations and Employee shall obey the laws of the State of California and the United States of America as they oft the City, effective August 16, 2024 ("Commencement Date"). apply to the performance of her duties. 1.4. Supervision by City Manager. Employee shall be under the day-to-day supervision and direction of the City Manager, shall be subject to any such other terms and conditions of employment as the City Manager may from time toi time impose sO long 1of11 -76- as not inconsistent with the provisions oft this Agreement or law, and shall attend all City Council meetings unless otherwise directed or approved by the City Manager. 1.5. Exclusive Employment. Employee shall remain in the exclusive employ of the City during the term of this Agreement. Employee shall devote her professional time, ability, and attention to City business and the duties set forth herein during the term of this Agreement. Employee shall not, without the prior written consent oft the City Manager, render services of any kind to any person or organization for compensation or engage in any other activity which would materially interfere with the performance of her duties under this Agreement. Notwithstanding the foregoing, Employee may perform incidental and occasional teaching, writing, consulting, or volunteer work, provided that such activities do not materially interfere with the performance of her duties under this Agreement. 1.6. Work Schedule. Employee acknowledges and agrees that the Public Works Director is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a considerable amount of time outside of normal office hours and in excess of the regularly established workday or in excess of a forty (40) hour workweek to the business of the City. Employee acknowledges that proper performance ofi the duties of Public Works Director will require Employee to generally observe normal business hours, as set by the City and as may be revised from time-to-time, and will also often require performance of necessary services outside of normal business hours. Notwithstanding the foregoing, City will permit Employee such reasonable "time off" as is customary for exempt employees of the City, sO long as the time off does not interfere with normal business. Employee's base salary includes compensation for all hours worked. Employee shall be classified as an exempt employee for purposes of the Fair Labor Standards Act (FLSA) and shall not be entitled toa any form of compensation for overtime. 1.7. Conflicts Prohibited. Employee shall not engage in any. activity which is or may become a conflict ofi interest with her obligations to the City or which might create an incompatibility of office as defined under California law. She shall also timely complete and file financial disclosure statements immediately upon entry into her employment and annually thereafter pursuant to California law. 1.8. Residency; Response Time. City and Employee agree that it is in the public interest for the Public Works Director to live within twenty (20) miles of the City's Public Works Yard, located at 440 S. Main. St. in Blythe. Accordingly, Employee agrees to establish her primary residence within twenty (20) miles from City's Public Works Yard within six (6) months from the Commencement Date. Thereafter, Employee shall maintain such primary residence during the term of this Agreement. Employee shall be on scene in the event of an emergency within thirty (30) minutes of notification of same. 2of11 -77- 2.0. TERM 2.1. Term. This term of this Agreement is three (3) years, commencing on the Commencement Date and ending on August 15, 2027 at the end of the business day ("Initial Term"), unless otherwise terminated as set forth herein. Upon the expiration ofthe Initial Term of this Agreement, this Agreement shall automatically extend on a month-to- month basis until terminated as set forth herein. 2.2. Prior Termination. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager, with prior approval of the City Council, to terminate Employee at any time, subject only to the provisions set forth in Section 8.0 of this Agreement. 3.0. COMPENSATION 3.1. Salary. Effective August 16, 2024, City agrees to pay Employee for the services rendered pursuant to this Agreement at an annual rate of One Hundred Thirty- Five Thousand Dollars ($135,000.00), which sum shall be considered Employee's base salary and shall be payable in installments at the same times as the City's other employees are paid in accordance with the City's established pay schedule, and subject to customary withholdings. 3.2. Salary Adjustments. Employee's base salary may be adjusted by the City Manager on an annual basis, subject to a performance evaluation as set forth herein. The City Manager may give up to a two and one-half percent (2.5%) merit salary increase following such performance evaluations, subject to the City Council approved budget. 4.0. OTHER EMPLOYEE BENEFITS 4.1. Medical Benefits. The City's contribution for medical insurance for Employee and eligible family members will have a cap of $695.00 peri month. All increases inp premiums above $695.00will be paid by the City upi tot the 2014 rates as outlined below. All increases above the 2014 rates shall be paid entirely by Employee. Plan Individual $543.21 $586.32 $638.22 Individual + $1,086.42 $1,172.64 $1,276.44 Individual + Two or $1,412.35 $1,524.43 $1,659.37 One Dependent More Dependents Blue Shield Access (HMO) PERS Gold Select (PPO) PERS Platinum (PPO) 4.2. Dental, Vision, Life and Short-Term Disability Insurance. City shall provide Employee and eligible family members with dental and vision insurance, and shall provide Employee with life and short-term disability insurance. City shall pay 100% of the premiums on said insurance. Employee's life insurance policy will be valued at $50,000.00. Employee shall name the beneficiaries of the life insurance policy. 3of11 -78- 4.3. Retirement Benefits. Employee shall be enrolled in the California Public Employees' Retirement System ("CalPERS") in accordance with the City's contract with CalPERS. Employee understands and agrees that Employee will be entitled to the 2% at age 62 (2% @ 62) pension formula for Public Employees' Pension Reform Act (PEPRA) members under CalPERS. Employee shall pay the Employee's entire share of the member contribution. 4.4. Vacation Leave. Employee shall accrue vacation leave at the rate of 4.62 hours per pay period to a maximum accrual of 240 hours. Employee may sell vacation leave earned above the maximum accrual semi-annually on the last pay period in June and the last pay period in November. Payment will be made at Employee's current rate of pay. Employee shall submit a request for such payment prior to June 1 to be paid on the last pay period in June and prior to November 11 to be paid on the last pay period in November. 4.5. Sick Leave. Employee shall accrue sick leave at the rate of 5.2 hours per pay period to a maximum accrual of 720 hours. Cash payback provisions of sick leave hours in excess of the maximum allowed for accrual shall apply. Employee may request to cash out 50% of the sick leave hours accrued but not used in a fiscal year (July 1 through June 30), up to a maximum of 48 hours, to be paid at the current rate of pay on the last pay period in June of that fiscal year. Employee is entitled to a 100% pay out of sick leave accrual in the event of the following listed separations from employment with the City: service or disability retirement or in the event Employee becomes deceased during the course of employment, which willt then entitle Employee's primary beneficiary to payment of 100% of accrued sick leave at Employee's current rate of pay, up to a maximum of 720 hours of accrued unused sick leave. 4.6. Personal Business Leave. Employee may use up to six (6) days of sick leave per year for personal business leave, with prior approval from the City Manager. 4.7. Administrative Leavé. Employee shall be entitled to eleven (11) days of administrative leave per fiscal year during her employment with the City. Up to three (3) days of administrative leave unused at the end of a fiscal year may be carried over into the succeeding fiscal year. The maximum accrual is fourteen (14) days per fiscal year. Upon separation, Employee shall not be entitled to any payment for unused administrative leave. Notwithstanding the foregoing, Employee acknowledges and agrees that Employee's daysofadministrative leave during the first year oft the term of this Agreement will be prorated based on the Commencement Date. 4.8. Paid Holidays. Employee shall be eligible for paid holidays on City- designated holidays as they now exist or hereafter may be amended to the same extent as other City employees. Employee is also entitled to one (1) floating holiday per fiscal year. The floating holiday may be scheduled on a date that is agreeable to Employee and the City Manager. The floating holiday is non-accruable. 4of11 -79- 4.9. Bereavement Leave. Regulations and rules of the City relating to Bereavement Leave as they now exist or hereafter may be amended shall apply to Employee to the same extent as other City employees. 4.10. Use of City Vehicle. City shall provide an automobile for Employee's use during her employment with City. City shall be responsible fori insuring the vehicle, paying for operation, maintenance, and repair costs, and for the regular replacement of the vehicle. Employee may use the vehicle for Employee's reasonable personal use locally since the Public Works Director is required to be available at all times to respond in the event of an emergency. Employee shall not permit any person to drive or use the vehicle, including, but not limited to, Employee's spouse or dependents, except for such City employees, volunteers or agents as authorized by the City Manager. 4.11. No Signing Bonus. Employee shall not receive any signing bonus in connection with entering into this Agreement. 5.0. PROFESSIONAL DEVELOPMENT 5.1. Membership; Certifications. City desires to encourage Employee's continued prolesonaldevelopment and agrees to budget and pay for appropriate related costs for such activities, including membership in, and certifications from, relevant professional organizations as approved by the City Manager. 5.2. Meetings and Seminars. City agrees to reimburse Employee for actual costs ofr registration and travel and subsistence expenses, as defined in the City's travel policy, incurred by Employee while attending meetings, conferences, courses or seminars related to Employee's employment with the City, as approved by the City Manager, provided that the City has budgeted funds for same. 6.0. PERFORMANCE EVALUATIONS The City Manager will conduct an evaluation of Employee's performance approximately six (6) months from the Commencement Date and on or before the anniversary oft the Commencement Date. Thereafter, the City Manager will conduct an annual evaluation of Employee's performance. Unless otherwise agreed to in writing by the City Manager and Employee, the annual evaluation will be conducted no later than the anniversary of the Commencement Date each year this Agreement is in effect. Following each annual evaluation, the City Manager may authorize an increase in Employee's base salary, provided that such increase shall not exceed two and one-half percent (2.5%). Any increase in Employee's base salary shall go into effect on or after the anniversary of the Commencement Date following Employee's annual evaluation as set forth herein. 5of11 -80- 7.0 CONFIDENTIAL INFORMATION Employment with the City creates a relationship of confidence and trust between Employee and the City, with respect to all Confidential Information of the City. "Confidential Information" includes, but is not limited to, trade secrets, knowledge, or data of the City or any of its constituent entities or members that Employee may produce, obtain, or otherwise acquire or have access to during the course of Employee's employment with the City, including but not limited to personnel information, passwords, and computer security systems. Employee agrees that during and after Employee's employment with the City, Employee () shall keep all Confidential Information confidential and shall not directly or indirectly use, divulge, publish or otherwise disclose or allow to be disclosed any aspect of Confidential Information without prior written consent of the City Manager; and (ii) shall refrain from any action or conduct which might reasonably or foreseeably be expected to compromise the confidentiality or proprietary nature of the Confidential Information. Upon termination of Employee's employment from the City for any reason, Employee agrees to return promptly to the City all writings and other tangible 8.0. AT-WILL EMPLOYMENT STATUS; RESIGNATION; TERMINATION; things in Employee's possession that contain Confidential Information. SEVERANCE PAY 8.1. At-Will Employment. Employee understands ànd agrees that Employee is appointed by, and serves at the pleasure of, the City Manager. Accordingly, Employee agrees that (1) Employee is an "at will" employee whose employment may be terminated by City at any time without cause or right of notice, Skelly conference, hearing, appeal or grievance; (2) there is no express or implied promise made to Employee for any form of continued employment; and (3) this Agreement is the sole and exclusive basis for an employment relationship between Employee and City. Nothing in this Agreement shall prevent, limit or otherwise interfere with the City Manager's right to exercise his/her uncontrolled discretion to remove Employee from employment with the City at any time. Int the event City terminates Employee's employment, or Employee resigns as set forth herein, this Agreement shall automatically terminate. 8.2. Resignation. Nothing in this Agreement shall prevent, limit, or otherwise interfere with Employee's right to resign from her employment with the City at any time, subject only to the requirement that Employee provide at least thirty (30) calendar days' prior written notice of the effective date of her resignation. Notwithstanding the foregoing, Employee shall use her best efforts to give the City at least sixty (60) days written notice of Employee's resignation. Upon the effective date of resignation, Employee forfeits all compensation and benefits owing for the remainder of the term of this Agreement. Employee shall not be entitled to severance payi ini the event Employee voluntarily resigns from her position. 8.3. Termination By the City. Without Cause: Severance Pay. At any time, and without prior notice, the City may terminate Employee's employment for any reason, with or without cause. If City terminates Employee's employment without cause, as defined 6of11 -81- herein, during the Initial Term, Employee shall be entitled to severance pay in an amount equal to three (3) months of Employee's base salary, or, if there are less than three (3) months remaining in the term of the Agreement, an amount equal to Employee's monthly base salary at the time of termination multiplied by the number of months left on the unexpired term of this Agreement, in accordance with California Government Code section 53260. Employee agrees to accept this severance as the sole remedy upon such termination. The payment of such severance benefit shall be conditioned upon Employee executing a general release agreement containing a general release of all claims Employee may have against the City at the time of any such termination, in such form as may be approved by the City Attorney, and Employee's satisfaction of the termination obligations set forth herein. Notwithstanding the foregoing, Employee acknowledges and agrees that Employee shall not be entitled to receive severance pay if Employee is terminated without cause within one hundred eighty (180) days from the Commencement Date. 8.4. Termination By the City, For Cause. The City may terminate Employee's employment and this Agreement for cause by providing written notice to Employee of such termination. For purposes of this Agreement, the term "cause" shall mean each of the following: (a) Employee refusing or failing to carry out the duties of the Public Works Director as set forth in this Agreement or as required by law; (b) Repeated failure by Employee to carry out a directive or directives of the (c) Employee exhibits unfitness or unavailability to serve as the Public Works Director, unsatisfactory performance, misconduct, dishonesty, habitual City Manager; neglect of duties or incompetence; (d) Employee's material violation of any City policy or rule; (e) Employee's conviction of a felony; (T) Employee's conviction of a misdemeanor arising out of Employee's duties under this Agreement and involving a willful or intentional violation of law; (g) Employee being charged with, entering a guilty plea or a plea of nolo contendere to, or being convicted of, a crime involving moral turpitude or (h) Employee's conviction of any crime involving an "abuse of office or position," as that term is defined in California Government Code section personal gain; 53243.4; 7of11 -82- () Any grossly negligent action or inaction by Employee that materially and adversely: () impedes or disrupts the operations of City ori its organizational units; (ii) is detrimental to employees or public safety; or (ii) violates properly established rules or procedures of City; and () Breach of any material provision of this Agreement. 8.5. Termination Obligations. In the event of Employee's termination or voluntary resignation, Employee agrees that all property, including, without limitation, all equipment, tangible proprietary! information, documents, records, notes, agreements, and computer-generated materials furnished to or prepared by Employee incident to her employment belongs to City and shall be returned promptly to the City. Employee's obligations under this subsection shall survive the termination oft this Agreement. 9.0. SUSPENSION The City Manager may suspend Employee with or without pay at any time during the term of this Agreement for cause, as defined in this Agreement. 10.0. INDEMNIFICATION 10.1. City Indemnification. To the extent required by law, City shall defend and indemnify Employee, using legal counsel of City's choosing, against any civil proceeding brought against Employee, in her official ori individual capacity or both, on account of an act or omission in the scope of her employment as Public Works Director, unless such act or omission was due to actual fraud, corruption, or actual malice. If City determines there is ac conflict ofi interest between the City and Employee andi that independent counsel is required for Employee's defense, City shall select and pay reasonable fees of such independent counsel for Employee's defense. Employee shall cooperate fully in the investigation and defense of any civil action or proceeding. 10.2. Exception to Indemnification. Notwithstanding Section 10.1, Employee acknowledges and agrees that City reserves its rights not to pay any judgment, compromise, or settlement until it is established that the injury arose out of an act or omission occurring within the scope of Employee's position as Public Works Director, and that City's agreement to defend and indemnify Employee does not constitute an agreement to pay any punitive damages awarded against Employee. In that regard, Employee acknowledges and agrees that pursuant to California Government Code section 825(b), City may not make a determination whether or not toi indemnify Employee for an award of punitive damages until such time as the award is made. 11.0. REIMBURSEMENT TO CITY REQUIRED Notwithstanding the provisions of this Agreement, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to Employee by the City apply: 8of11 -83- (a) Legal Defense. Pursuant to California Government Code section 53243.1, ifEmployee is convicted of a crime involving abuse of her office or position, as defined by California Government Code section 53243.4, Employee shall fully reimburse the City for all the costs of her legal criminal defense ifa defense has been provided at City's expense. (b) Severance. Pursuant to California Government Code section 53243:2, if Employee is convicted of a crime involving abuse of her office or position, as defined by California Government Code section 53243.4, Employee shall fully reimburse the City for any cash settlement paid to Employee related to her termination under this Agreement, including, but not limited to, severance pay. 12.0. GENERAL PROVISIONS 12.1. Additional Terms. The terms and conditions of Employee's employment shall be governed by City's personnel policies and procedures, to the extent not inconsistent with the provisions of this Agreement, the Blythe Municipal Code or other applicable law. The City Council or City Manager may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Blythe Municipal Code or other applicable law. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern. 12.2. Jurisdiction and Venue. This Agreement shall be construed in accordance with the laws of the State of California, and the parties agree that venue for any disputes shall be in Riverside County, California. 12.3. Severability. If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion sO found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the parties hereto. 12.4. Notices. Notices pursuant to this Agreement shall be provided in writing and provided by personal delivery or by regular United States Postal Service mail, postage prepaid, return receipt requested, and addressed as follows: Ifto City: City Manager City of Blythe 235 N. Broadway Blythe, CA92225 9of11 -84- Ifto Employee: With a copy to: Mirasol B. Elegores City Attorney City of Blythe Jones Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835 At most recent address on file in Employee's personnel file Notices shall be deemed given as of the date of personal service or 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication iss sent through regular U.S. mail. 12.5. No Assignment. This Agreement is not assignable by either City or 12.6. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain orto be a full or accurate description of the content thereof and shall not in any way affect Employee. the meaning or interpretation of this Agreement. 12.7. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. 12.8. Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. No waiver shall be effective unless in writing and signed by a dulyauthorized representative of the party againstwhom enforcement of the waiver is sought. 12.9. Independent Legal Counsel. Each of the parties acknowledges that she/it has been represented by independent legal counsel of her/its own choosing, ori ifr not, has been advised to obtain independent legal counsel and has freely and voluntarily waived and relinquished the right to legal counsel. Further, each party who has not obtained independent legal counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to perform under this Agreement or any agreement referred to in this Agreement. 10of11 -85- 12.10. Entire Agreement Amendments. This Agreement represents the entire agreement of the parties, and no representations have been made or relied upon except as set forth herein. This Agreement may only be amended in a writing that is approved by the City Council and executed by both parties. executed as of the day and year first above written. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be CITY OF BLYTHE Mallory Crecelius Interim City Manager EMPLOYEE E& B. Elegbres MilasblE APPROVED AS TO FORM: Brittany E. Roberto City Attorney 11of11 -86- EXHIBIT A PUBLIC WORKS DIRECTOR JOB DESCRIPTION -87- City of Blythe Job Description Job Title: Salary Range: Department: Reports to: FLSA Status: Public Works Director DOQ Public Works City Manager Exempt SUMMARY: Under the general supervision oft the City Manager, plans, organizes, directs the City's Public Works activities including: street maintenance, engineering design, public works construction and inspection, the repair and maintenance of City infrastructure, park maintenance, fleet maintenance, the production and distribution of potable water and the treatment and disposal of wastewater. Provides highly responsible and technical staff assistance to the City Manager. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: Develops, recommends and implements goals, objectives, policies, operating procedures and controls for engineering design and review, capital construction, and inspection, infrastructure and equipment maintenance and related functions. Plans, organizes, assigns, directs, reviews and evaluates the work of staff; selects personnel and provides for their training and development; interprets City policies Oversees and coordinates the work of City engineering activities, both contract and in-house; negotiates and administers consultant contracts. Prepares and administers capital improvement budgets and projects; ensures that such projects are completed within plans, specification and budgets and in at timely manner; directs and coordinates public works inspection activities. Oversees and administers programs to provide City residents with potable water and wastewater collection, treatment and disposal. Directs ànd coordinates the work of staff involved in the maintenance and repair of City streets, storm and sanitary sewers, water production and distribution facilities; landscaped areas, facilities and equipment; recommends and oversees Develops and implements work standards, reporting procedures and related internal controls to support effective management of assigned functions. Attends meetings and makes oral presentations before the City Council, commissions, committees, community groups, boards and other governmental Monitors legislation and developments related to planning, building, and public works related matters; evaluates their impact upon City activities; recommends to employees. contract maintenance and repair services as appropriate. agencies. and implements improved policies and procedures. Responds to emergency callouts at times. Other duties as assigned. -88- QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative, but not all-inclusive, of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the job. The ideal candidate will possess the following attributes and have a record of success in the following: Knowledge of: Administrative principles and practices, including goal setting, program Principles and practices of engineering design and construction project Principles and practices of public facility construction and maintenance in a development and implementation, and employee supervision. management. municipal setting. Applicable federal, state and local laws and regulations. Capital and operating budget development and implementation. Funding sources impacting program development. Principles of contract negotiation and administration. Principles of building inspection and plan review. Computer applications related to assigned functions. Basic principles and terminology of water production and distribution. Basic principles and terminology of wastewater, treatment and disposal. Skilli in: Planning, organizing, administering and coordinating a variety of engineering and Selecting and evaluating the work of staff and providing for their training and Developing and implementing goals, objectives, administrative systems, Interpreting, explaining and applying federal, state and local laws and regulations. Preparing clear, concise and complete reports, correspondence and other written Analyzing complex technical and administrative problems, evaluating alternative Exercising sound independent judgment within general policy and procedural Establishing and maintaining cooperative working relationships with governmental and regulatory agencies, business and professional groups and the public, EDUCATION AND/OR EXPERIENCE: A Bachelor's Degree in civil engineering, public administration, business administration, or a closely related field, and a minimum of five (5) years of increasingly responsible public works experience including two years of management and administrative responsibility. Registration as a Professional Civil public works maintenance functions. development. procedures and controls. materials. solutions and adopting effective courses of action. guidelines. developers and contractors and City staff. Engineer in the State of California is desirable but not required. -89- CERTIFICATES, LICENSES, REGISTRATIONS: Upon hire, candidate must possess a valid California driver's license, Social Security enrollment, and proof of citizenship. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this) job. Reasonable accommodations may be made to enable individuals with disabilities Work is performed in both office and field environments and in close proximity to other workers. The Public Works Director will be exposed to those conditions normally encountered in a business office environment and will also be required to visit job sites. Physical demands range from light, consisting primarily of sitting, standing, and walking, to somewhat strenuous including assisting workers in the field if necessary and exposure tos summer temperatures. The Public Works Director must be able to see and hear in the normal range, with or without corrèction, and communicate verbally and in written form with great facility and must be able to be understood. The Public Works Director must have the stamina to work long hours and may be required to attend night meetings after regular working hours, and be willing to work an irregular schedule, which may include to perform the essential functions. weekends, holidays, evenings, and/or varying hours. -90- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Amendment Number One to Law Enforcement Services Agreement Between the Palo Verde Unified School District and the City of Blythe fora Critical Incident Prevention & Response Team Officer PRESENTED BY: Garth V. Dale, ChiefofPolice PREPARED BY: Garth V. Dale, ChiefofPolice Mallory Crecelius, Interim City Manager RECOMMENDATION: Staff recommends the City Council authorize the Interim City Manager to execute Amendment Number One to the Law Enforcement Services Agreement between Palo Verde Unified School District (PVUSD) and the City of Blythe to continue to provide a Critical Incident Prevention and Response Team Officer tol PVUSD. FISCAL: IMPACT: Commencing August1,2024,1 PVUSD will reimburser toi the City, $105per hour for services rendered pursuant to the agreement during regular hours. For the period of August 1,2024 through June 30, 2025, payments to the City for regular hours will not exceed BACKGROUND: On August 23, 2022, the City Council approved an agreement with] PVUSD toj provide al Police Officer to serve as a Critical Incident Prevention and Response Team Officer (CIPRTO). Pursuant to the agreement, PVUSDreimburses the City fort thel Police Officer based on1 the City's Fully Burdened Hourly Rate (FBHR) as established by the 20191 User Fee Study. The original agreement. had at two-year term which expires on. August 16, 2024. Over thel last two years, thel Blythe Police Department has provided law enforcement services tol PVUSDbased on STAFF REPORT: The City and PVUSD desire to continue this partnership and amend the current agreement. Terms of the amendment include extending the term for two additional school years, through June 30, 2026, updating thel FBHR and thei months during which services will bej provided as set forth below, andi updating the title ofthe assigned officer from "Critical Incident Prevention and Response Team Officer" (CIPRTO) to "Campus Tactical Officer" When the initial agreement went into effect, the FBHR was $92.00 per hour, or $191,360 for 2,0801 hours ofservice. The City andi PVUSD: negotiated a cap of$185,000: for thei first year. The agreement included language allowing for an annual increase tot thel FBHR based on changes in the Consumer. Price. Index (CPI). However, the CPI was not applied duei to conflictingl language in the agreement related to the annual compensation cap. As of. July 1, 2024, the FBHR fora Police Officer is $105 per hour, or $218,400 per year. To1 meet the District's needs and budget, thei month of] July wasi removed from the agreement as part ofthe amendment. The amendment includes compensation at $105 per hour for11 months ofservice. During thei month ofJuly, the officer assigned to this detail willl be available to cover patrol shits for officers in training or on $198,000. this agreement. This partnership has led to safer schools in our community. (CTO). -91- vacation and be scheduled for training to minimize the number of days spent at training during the school year. This brings total reimbursement to $198,000 for the period of August 1, 2024 through June 30, 2025 for "regular hours," defined as hours worked by the CTO as part ofa 2080 schedule. For any overtime hours, PVUSD will be required to pay the City the rate of overtime pay for the assigned CTO actually paid ort to bej paid by the City. Fort the final year of the agreement, the FBHR and corresponding: maximumi reimbursement amount willl bei increased based on changes in the CPI or any changes to the FBHR following a fee study by the City. This agreement has not created any impact on current police staffing levels or service provided to the community. Should funding for the PVUSD officer cease, the employee would be removed from this special assignment. Thej position added toj provide thiss special service would be eliminated, hopefully reducing police staffing through attrition. ATTACHMENTS: 1. Amendment Number One to Law Enforcement Services Agreement Between the Palo Verde Unified School District and the City of Blythe for the Provision of a PVUSD Critical Incident Prevention and Response Team Officer -92- AMENDMENT: NUMBER ONETO LAW ENFORCEMENT SERVICES. AGREEMENT BETWEEN THE PALOVERDE UNIFIED SCHOOLDISTRICT. AND THE CITY OF BLYTHE FOR THE PROVISION OF APVUSD CRITICALINCIDENT PREVENTION & RESPONSE TEAM OFFICER THISAMENDMENTNUMBER ONETOLAW ENFORCEMENT ERVICESAOREEMENTS made and entered into by and between the CITY OF BLYTHE, a California municipal corporation (hereinafter referred to as "CITY"), and the PALO VERDE ONFIED SCHOOL DISTRICT, a California public school district, located in Riverside County, in the City of Blythe (hereinafter referred to as DISTRICT"). CITY and DISTRICT are sometimes individually referred to herein as a "party" and collectively referred to as the "parties". WHEREAS, CITY and DISTRICT entered into a Law Enforcement Services Agreement for the provision of a PVUSD Critical Incident Prevention & Response Team Officer (the "Agreement") for an WHEREAS, CITYand DISTRICT desire tol extend the term ofthe Agreement through June 30, WHEREAS, CITYand DISTRICT desire to furtheramend the Agreement as set forthl herein. Initial TermofAugust 17,2 2022through. August 16, 2024:and 2026;and NOW, THEREFORE, CITYand DISTRIGTa agree as follows: 1. 2. Thet tèrm ofthe Agreement shall be extended through June 30, 2026. Section 2 oft the. Agreement shall be amended to add néw subsections C and Dto read as follows: C. DISTRICT may request in writing that CITY OF BLYTHE provide additional services beyond those] providedb byt the CTO during regular school hours, for events such as Parent-Teacher Association (PTA) meetings, Back-to-School Night(s), Open House(s), sporting event(s), dance(s), or other DISTRICI-sponsored events. CITY OF BLYTHE will use its best efforts to provide the requested services. If DISTRICT requests and CITY OF BLYTHE provides additional services as set forth herein, DISTRICT shall compensate the CITY OF BLYTHE for such additional services as Overtime Hours in accordance with Section 4 of1 this. Agreement. D. Commencing in the 2024-2025 academic year, CITY OF BLYTHE and DISTRICT: agree that CITY OFI BLYTHE will provide the services set forth herein for thej period of August 1 through June 30 ofeach year that this Agreementi remains ine effect. 3. Section 4 of the Agreement shall be amended to read as follows: 4. COMPENSATION. A. Regular Hours. As used herein, Regular Hours" refers to hours worked by the CTO as part ofa 2080 schedule, consisting of 401 hours per week. For the 1 Blythe-PVUSD Amendment One Law Enforcement Services Agreement -93- period commencing. August 17,2 2022 and ending. June 30,2023, DISTRICT shall pay CITY OFI BLYTHE: at ai rate of $92.00 per hour asi reimbursement for services rendered pursuant to this Agreement during Regular Hours. Unless otherwise agreed to in writing by CITY OF BLYTHE and DISTRICT, the total cost to DISTRICT for the period of August 17, 2022 through June 30, 2023 will not exceed $185,000 for Regular Hours. For the period commencing July 1, 2023 and ending June 30, 2024, DISTRICT shall pay CITY OF BLYTHE at ai rate of $100.00 per hour as reimbursement for services rendered pursuant to this Agreement during Regular Hours. Unless otherwise agreed to in writing by CITY OF BLYTHE and DISTRICT, the total cost to DISTRICT for the period of July 1, 2023 through June 30, 2024 will not exceed $185,000 for Regular Hours. For the period commencing August 1, 2024 and ending June 30, 2025, DISTRICT shall pay CITY OF BLYTHE at ai rate of$105.00 per hour as reimbursement for services rendered pursuant to this Agreement during Regular Hours. Unless otherwise agreed to in writing by CITY OF BLYTHE and DISTRICT, the total cost to DISTRICT for the period of August 1, 2024 through June 30, 2025 will not exceed $198,000 for Regular Hours. DISTRICT acknowledges that the hourly rate is CITY OFBLYTHB's Fully Burdened Hourly Rate (FBHR) for a Police Officer, inelusive.ofsalary benefits, a.patrol vehicle andmileage. and overhead costs; as determined by CITY OFBLYTHE'20191 User Fee Study, adjusted annually for changéstin the Consumer Price Index (CPI). DISTRICT agrees that'CITY OF BLYTHE may increase the FBHR and maximum annualicost set forth herein effective July 1 ofeachs year based upon an increase to the CPI forall Urban Consumers'for the Riverside-San Bernardina-Ontario area and/or any increases to CITY OF BLYTHE's salary schedule. On or before July 1 of each year that this Agreement remains in effect, GITY OF BLYTHE willy provide written notice to DISTRICT of the FBHR and maximum cost for Regular Hours for the upcoming year. Notwithstanding the foregoing, DISTRICT acknowledges and agrees that CITY OF BLYTHE may conduct a uiser fee studyduring thet term ofthis Agreement. Int the event CITY OFBLYTHBconducis such user fee study and establishes a new FBHR, DISTRICT agrees to pay CITY OF BLYTHE the FBHR established by CITY OF BLYTHE following any user-fee study conducted by the CITY OF BLYTHE and the corresponding maximum annual cost for Regular Hours. The maximum annual cost for Regular Hours. will be calculated by multiplying the CITY OF BLYTHE's FBHR by 2080. CITY OF BLYTHE will provide written notice to DISTRICT of any newly established FBHR and the corresponding maximum annual cost for Regular Hours. B. Overtime Hours. As used herein, "Overtime Hours" refers to. any hours worked byt the CTO: ine excess of401 hours per week. For Overtime! Hours, DISTRICT shall pay CITY OF BLYTHE the rate of overtime pay for the assigned CTO actually paid or to be paid by CITY OF BLYTHE. Overtime Hours will only be provided as requested in writing by DISTRICT and as agreed to by CITY OF BLYTHE. C. Invoices: Notice of] Lack of Funding. Payment for services shall be rendered on a monthly basis upon receipt by DISTRICT of an invoice submitted by CITY OF BLYTHE. DISTRICT will pay each invoice within thirty (30) days of receipt. DISTRICT will: notify CITY OFI BLYTHE prior to. February ofeach year of any reduction ofservices necessary due tol lack ofi funding. 2 Blythe-PVUSD Amendment One Law. Enforcement Services. Agreement -94- 4. Allreferences: in the Agreement to "Critical Incident Prevention & Response Team Officer" shall be revised to read "Campus Tactical Officer". All references in the Agreement to All terms not defined herein shall have the same meaning and use as set forth in the All other terms, conditions, and provisions of the Agreement not in conflict with this The persons executing this Amendment on behalf of the parties hereto warrant that they are dulyauthorized to execute this Amendment on behalf ofs said parties and that by doing sO the parties hereto are formally bound to thej provisions oft this Amendment. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Amendmentragres: to.the use of electrenic. signatures, suchrasdigital sigmaturestharmeet the gairehgpotgecaliomin Uniform Electronic TransactiensAct.rcCLCCUETACA. Civ. Code $S 1633.1191633.17), for éxecuting this Amendment. Thej parties further agree that the electronic signatures of the parties included in this Amendment are intended to authenticate this writing. and to halve the sâme force land effect as manual signatures. Electronic signature means an electronic sound, symbol,or.process: attached to prlogically associated with an eléctronic record-and exécuted or ad@ptedbyapersont with thei intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and éffect as the use ofa a manual signature, and shall bei reasonably relied upon byjthe parties. Forp purposés oft this section, a digital signaturei isa atypedf'electronic: signature" as defined CIPRTO shall bei revised to read "CTO". 5. 6. 7. Agreement. Amendment shall remain ini full force and effect. 8. ins subdivision (i) of Section 1633:2 ofthe Civil Çode. SIGNATURE PAGE! FOLLOWS. 3 Blythe-PVUSD Amendment One Law Enforcement Services. Agreement -95- PALO VERDE UNIFIED SCHOOLDISTRICT Date: April Smith Superintendent CITY OF BLYTHE Date: Mallory Crecelius Interim City Manager APPROVED: ASTOFORM Brittany E. Roberto City Attorney a 4 Blythe-PVUSD Amendment One Law Enforcement Services Agreement -96- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING. DATE: August 13, 2024 SUBJECT: First Amendment to Shelter Services Agreement. PRESENTED BY: Chief Garth V.I Dale PREPARED BY: Chief Garth V.1 Dale RECOMMENDATION: Staffrecommends the City Council accept $77,500 in additional grant funds for Animal Control Services and authorize The Interim City] Manager to executet the First Amendment to the Shelter Services Agreement between the City of Blythe and the University of California (UC) Davis Campus School of Veterinary Medicine on behalf ofits FISCALIMPACT: $77,5001 in additional grant funding tol bei used as outlined in Exhibit. A-a BACKGROUND: On. June 22, 2022, the Blythe Police Department, Animal Control Division completed the grant application process to be considered for The UC Davis Koret Shelter Medicinel Program Grant. On. June 23, 2022,Animal Control Suffrechedomependne that ag grant in the amount of$150,500, was awarded to the City ofBlythe. These funds were used toward additional animal control equipment, spay/neuter clinics, outfitting the new animal control vehicle and to fund a part time, temporary clerical position to assist with licensing services. The initial term of this agreement was for a contract period of September 1, 2022t to Koret Shelter Medicine Program. of the First. Amendment to the Shelter Services Agreement. August 3, 2024. STAFFI REPORT: Staff applied for additional funding to continue the services provided during the original contract. This additional grant funding will assist with: much: needed animal control services such as $16,000 for spay/neuter and vaccination clinics, $6,000 for Veterinary care, $2,000 for community outreach and $3,500: for pet food and supplies. In addition, $50,000ofthe grant will be used to extend the part time clerical position funded by the initial grant through June 6, 2026. Continuing this] par-timepositionwil. assist staffin! providing more animal control services to our community. Per communication with the Grantee, the additional funds will be dispersed once the. Amendment is fully executed. 1. UCI Davis Shelter Agreement amendment ATTACHMENTS: -97- UC Davis Purchase Agreement # UCDP000058567 Formerly UC Davis Agreement: # A69825 Amendment #1 FIRST. AMENDMENTTOSHELTER SERVICES AGREEMENT (City of] Blythe) THIS FIRST AMENDMENT ist made to the University of California, Davis campus agreement # A69825 between THE REGENTS OF THEL UNIVERSITY OF CALIFORNIA ("University")on behalfofitsUCDavis Campus School ofVeterinary! Medicine onl behalfofits Koret Shelter Medicine Program ("Facility")and CITY OF BLYTHE, ONE BEHALF OFITSANIMAL CONTROLDIVISION ("Shelter"). Purchase Order # UCDP000058567 replaces Purchase Agreement # A69825. Thej parties to the above-referenced agreement agree as follows: 1.Terms. The term oft the agreement shall be amended to extend through June 6, 2026. "Exhibit A-1", attached hereto and incorporated herein, reflects updated scope. 2. Payment by University: Payment by the Facility is increased by $77,500.00. The total not to exceed amount for the Agreement shall now read $228,000.00. 3. Other Terms. All other terms and conditions oft the agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this amendment on the. dates set forth below. CITYOFBLYTHE THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Dkenistevenkdbayane Digitalysignedbys Stevenk Kobayash! o-Regentso oftheUniversiyof Date:2 202407,150B45:514 -0700 Steven Kobayashi California,o mascyewdMaRaNe ou-Procurementa Contractingservices CEUS By: Print Name: Title: Date: By: Steven Kobayashi Associate Director Procurement & Contracting Service UC Davis Date: July15,2024 Pagelof1 -98- Exhibit A-1 City of Blythe Animal Control Organization Contact: John Bush: Dusneclyolbymecagor Updated SOW & Additional Funding Extend term to 6/6/2026 Awarding an additional $77,500 Staffing-$50,000 Spay/neuter and vaccination clinics = $16,000 Veterinary care: = $6,000 Food and pet supplies' = $3,500 Community outreach: = $2,000 -99- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August t13,2024 SUBJECT: Agreement No. 2024-032 A - Amendment 5 to the Memorandum of Understanding No. 07-71-028-05 between the Riverside County Transportation Commission and the City ofBlythe PRESENTED BY: Christa Elms, Director of] Finance PREPARED BY: Christa Elms, Director ofFinance RECOMMENDATION: Authorize Interim City Manager to execute. Amendment No.5to the Memorandum of Understanding No. 07-71-028-05 between the Riverside County Transportation Commission (RCTC) and the City ofBlythe in substantially thei form as attached and in such final form as approved by the City Attorney for trading State Transportation Improvement Program Intra- County Palo Verde Formula funds and Local Partnershipl Program FISCAL IMPACT: Additional Measure A funds in the amount of five hundred sixty-six BACKGROUND: Riverside County Transportation Commission (RCTC) and the City of Blythe entered al Memorandum ofUnderstanding (MOU)in September of2006 for thej purpose of trading State Transportation Improvement Program funds (STIP) for Measure A funds. RCTC and the City have continued to trade these funds as they become available by future amendments toi the existing MOU. The trading of these funds resulted fromj past difficulties in programming STIP funds tol local arterial projects int the Palo Verde Valley area. Amendment: 5 proposes to also include funds currently available, and any future allocations of Local Partnership Program Formula funds allocated toi the Palo Verde Valley for thei trade ofMeasure A1 funds providing more: flexibility to use the funds for local arterial projects. STAFF REPORT: STIP Intra- County Formula funds and Local Partnership Program Formula funds in the amount of$566,810h have been allocated to the Palo Verde Valley for the 2025 fiscal year. Staffrecommends: the adoption of Amendment No. 5tot thel MOUNO. 07-71- 028-05 between RCTCandi the City ofBlythet toi further be ablei tot trade these funds forl Measure A funds to facilitate the delivery oflocal arterial projects ini the Palo Verd Valley. Formula funds for Measure. A funds. thousand eight hundred and ten dollars. ($566,810). ATTACHMENTS: A. Agreement No.2024-032 A - Amendment No.5tol Memorandum ofUnderstanding No. 07-71-028-05 between RCTC and City of] Blythe for trading funds -100- Attachment A Agreement No. 2024-032, A Agreement No. 07-71-028-05 AMENDMENT NO.5TO MEMORANDUM OF UNDERSTANDING BETWEEN AND THE CITY OF BLYTHE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR TRADING STATE TRANSPORTATION IMPROVEMENT PROGRAM INTRA-COUNTY PALO VERDE VALLEY FORMULA FUNDS 1. PARTIES AND DATE This Amendment No. 5 to the Memorandum of Understanding for trading State Transportation Improvement Program (STIP) Intra-county Palo Verde Valley Formula and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION funds ("MOU") is made and entered into as oft this ("Commission") and the CITY OF BLYTHE ("City"). day of 2024, by 2. RECITALS 2.1 The Commission and the City have entered into an MOU dated November 14, 2006, for the purpose of trading a total of $2,291,656 of STIP Intra- county Palo Verde Valley Formula funds that were allocated to Palo Verde Valley in 2004 and 2006 for Measure A Western County Highway funds. 2.2 Although STIP funds were not available ini the 2008 and 2010 STIP cycles, the 2012 and 2014 STIP cycles did result in available STIP capacity; however, the amendments to include the new trade funding were not executed, as the City had remaining funds from the previous 2004 and 2006 2.3 The City submitted an invoice to the Commission for reimbursable STIP projects identified in the City's Measure A Local Streets and Roads Five- 2.4 The parties entered into Amendment No. 1 to amend the MOU in order to provide reimbursement for the Projects by trading STIP Intra-county Formula funds that were allocated to Palo Verde Valley in 2012 and 2014 in the amount of $1,106,410 for Measure A Western Riverside County STIP cycles. Year Capital Improvement Plan ("Projects"). Highway funds. I 1736.0001330142172 -101- Attachment A - Agreement No. 2024-0321 A 2.5 The parties entered into Amendment No. 2 to amend the MOU in order to provide reimbursement for the Projects by trading STIP Intra-county Formula funds that were allocated Palo Verde Valley in 2018 in the amount of $608,024 for Measure A Western Riverside County Highway funds. 2.6 The parties entered into Amendment No. 3 to amend the MOU in order to provide reimbursement for the Projects by trading STIP Intra-county Formula funds that were allocated to Palo Verde Valley in 2020 in the amount of $89,649 for Measure A Western Riverside County Highway 2.7 The parties entered into Amendment No. 4 to amend the MOU in order to provide reimbursement for the Projects by trading STIP Intra-county Formula funds that were allocated to Palo Verde Valley in 2022 in the amount of $198,391 for Measure A Western Riverside County Highway 2.8 At its March 2023 meeting, the Commission approved amending this MOU to include a biennial Senate Bill 1 Local Partnership Program Formula funding swap with the City in tandem with each biennial STIP cycle, which the parties desire to effectuate through this Amendment No. 5. 2.9 The parties now desire to amend the MOU for the purpose of trading a total of$ $566,810ofa additional 2022 STIP Intra-county Formula funds, 2024 STIP Intra-county Formula funds, and fiscal years 2017/18 through 2024/25 Local Partnership Program Formula funds that were allocated to Palo Verde Valley for Measure A Western Riverside County Highway funds to facilitate funds. funds. delivery of local arterial projects in the Palo Verde Valley. 3. TERMS 3.1 This Amendment No. 5 is to trade a total of $566,810 of additional 2022 STIP Intra-county Formula funds, 2024 STIP Intra-county Formula funds, and fiscal years 2017/18 through 2024/25 Local Partnership Program Formula funds that were allocated to Palo Verde Valley for Measure A Western County Highway funds to provide funding to facilitate the delivery of local arterial projects in the Palo Verde Valley. 3.2 Section 3.1 of the MOU is hereby amended to read as follows: The agreement is to trade a total of $4,860,940 of STIP Intra-county Formula funds and Local Partnership Program Formula funds that were 2 1736.0001930142172 -102- Attachment A - Agreement No. 2024-032 A allocated to Palo Verde Valley ($1,875,000 de-programmed from the 2004 STIP; $416,656 of 2006 STIP Intra-county Formula funds that were unable to be programmed in the 2006 STIP; $1,106,410 of STIP Intra-county Formula funds that were allocated to Palo Verde Valley in 2012 and 2014; $608,024 of 2018 STIP Intra-county Formula funds that were allocated to Palo Verde Valley; $89,649 of 2020 STIP Intra-county Formula funds that were allocated to Palo Verde Valley; $198,391 of2021N Mid-Cycle STIP Intra county Formula funds and 2022 STIP Intra-county Formula funds that were allocated to Palo Verde Valley; $294,804 of additional 2022 STIP Intra- county Formula funds and 2024 STIP Intra-county Formula funds that were allocated to Palo Verde Valley; and $272,006 of Senate Bill 1 Local Partnership Program Formula funds) for Measure A Western Riverside 3.3 Except as amended by this Amendment No. 5, all provisions of the MOU shall remain in full force and effect and shall govern the actions of the parties 3.4 This Amendment No. 5 shall be governed by the laws of the State of 3.5 A manually signed copy of this Amendment No. 5 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 5 for all purposes. This Amendment No. 5 may be signed 3.6 This Amendment No. 5 may be signed in counterparts, each of which shall County Highway funds. under this Amendment. California. Venue shall be in Riverside County. using an electronic signature. constitute an original. [Signatures on following page] 3 17360001930142172 -103- Attachment A- Agreement No. 2024-032. A SIGNATURE PAGE TO AGREEMENT NO. 07-71-028-05 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION CITY OF BLYTHE By: By:, Signature Name Title ATTEST: Aaron Hake, Executive Director APPROVED AS TO FORM: By: By: City Clerk Best Best & E Krieger LLP Counsel to the Riverside County Transportation Commission APPROVED AS TO FORM: By: City Attorney 4 173360001930142172 -104- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Agreement with Interwest Consulting Group Inc. for Building Plan Review Services PRESENTED BY: Jason Brown, Chief Building Official PREPARED BY: Michelle Van Dyke, Permit Technician RECOMMENDATION: Itisi recommended that Council authorize thel Interim City Manager to execute Agreement No. 2024-046 A with Interwest Consulting Group Inc. (Interwest) for building plan review services, once approved by the City Attorney. FISCAL IMPACT: None. BACKGROUND: The Development Services Department has used Interwest (previously EsGil) for plan review services for over 30 years. Interwest reviews plans submitted for large development projects such as ground up commercial construction projects, new home construction and some minor plan check reviews such as room additions. Interwest has a full staffofplani reviewers that guarantee plans arei reviewed and returned to the applicant in a two- to-three-week turnaround. With one Chief Building Official staffed to review plans, perform inspections and oversee the Development Services Department, the City has used EsGil, and now Interwest in an effort to streamline the plan check review process for developers. Interwest recently advised City staff that a new contract agreement is due. All costs for Interwest's services are paid by the customer/leveloper: as part oft their plan review fees. The construction plan review feei that would bec collected fort typical officereviews are collected as a deposit and paid by the customer, sO there is no cost to the City fori this service. STAFF REPORT: The proposed agreement provides forat term ofi five(5): years, from. August 13,20241 through August 12, 2029. Pursuant tot thej proposed agreement, Interwest will complete reviews ofplans submitted within 10-151 business days, consistent with the current Development Services review times. ATTACHMENTS: 1. Draft ofProfessional Services Agreement -105- Agreement No. 2024-046 A CITY OF BLYTHE WITH PROFESSIONAL SERVICES AGREEMENT INTERWEST CONSULTING GROUP INC. THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement) is made and entered into as of August 13, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipal corporation ("City"), and INTERWEST CONSULTING GROUP INC., a Colorado corporation ("Consultant). RECITALS A. City proposes to utilize the services of Consultant as an independent contractor to B. Consultant represents that it has that degree of specialized expertise necessary, and holds all necessary licenses to practice and perform the services herein contemplated; and "A"(the "Project"y and desire to setforth their rights, duties and liabilities in cognectionwith the D. No official or employee of City has a financial interest, within the provisions of sedtions 1090-1092.oft the California Government Code, in the subject matter oft this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions provide building plan review services, as more fully described herein; and U. Gity and Gonsultantdesire to contradtfor the speimeservioes described In Exhibit services to be performed,and contained herein, the pahahae/egesdssbow: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal, attached hereto as Exhibit "A"and incorporated herein. Consultant shall provide plan check services in accordance with turnaround times set forth in Exhibit A unless 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has otherwise agreed upon by City and Consultant. Consultant's performance of this Agreement. the right to: (a) Meet with Consultant to review the quality of the work and resolve the 1 Interwest Consulting Group Inc. Form Revised July 2024 -106- Agreement No. 2024-046A matters of concern; satisfactory; and/or (b) Require Consultant to repeat the work at no additional fee until it is (c) Terminate the Agreement as hereinafter set forth. 1.4. Compliance with All Laws. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety ine employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may 1.5. Non-Discrimination. Inj performing this Agreement, Consultant shall not engage in, rorpermit itsâgents to'engage in,discrimination in émployment bfpersons bprdyseoFtheirrace. religion, color, national origin, ancèstry, physical dr mental disabilty. medica! dondition, genetiç information, pregnancy, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agteement or may have its. ownempldyees perform servicés similar to thosé services 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access tot financial, accounting, statistical, and personal data of private individuals and employees ofCity. Consultant covenants that all data, documents, discussion, or otheri information developed orr received by Consultant or provided for performance oft this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the bei incurred by reason of Consultant's performance under this Agreement. theGovernment Gode. contemplated by this Agreement. and expense. termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A. 2 Interwest Consulting Group Inc. Form Revised July 2024 -107- Agreement No. 2024-046A 2.2. Fee Increases. Commencing on September 1, 2025, Consultant may increase its hourly rates once each year in an amount equal to the 12-month percent change in the Consumer Price Index as reported by the U.S. Department of Labor, Bureau of Labor Statistics (United States City Average, All Items, Not Seasonally Adjusted, All Urban Consumers (CPI-U), referred to herein as "CPI"). The change in the CPI shall be calculated based on the 12-month percent change in the CPI from the previous June. No annual increase shall exceed four percent (4%). If Consultant desires toi increase its hourly rates as set forth herein, Consultant shall provide written notice to the City on or before August 1, which notice shall include reference to the CPI index, the percentage CPI increase, and Consultant's revised hourly rates based on such CPI increase. If submitted as required herein, any increase to Consultant's hourly rates will go into effect on 2.3. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.4. Method of Billing. Consultant may submit invoices to the City for approval on a manthly basis. Said invoice shall be. based on the/fotal of all Consultants sêrvices which have been completed to City's_sole satisfaçtion. City shall pay Consultant's invoiçe within thirty (30) days from the date City receives said invoice. Eachinvoice shall describe in detail the services performed, the date of performance, and the assoçiated time for complétion. Any additional services approved and perforned pursuant to this Agreement shall be designated as Additional Services" and shall jdentifythey qumber of the authorized change order, where applicable, on all 2:5. Timely Invoicing. Consultant acknowledges and agrees that Consultant must submit invoices for services no later than ninety (90) days following services rendered or within ninety (90) days following completion of project milestones. Consultant expressly waives its right to payment if invoices are not submitted within ninety (90) days following services rendered. 2.6. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination or expiration oft this Agreement. September 1. No increase to the fee will be retroactive. invoices. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control oft the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control ofa party. If a delay beyond the control oft the Consultant is encountered, a time extension may be termination of this Agreement. 3 Interwest Consulting Group Inc. Form Revised July 2024 -108- Agreement No. 2024-046. A mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for ai time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on August 12, 2029, unless previously terminated as provided 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. Int the event of sucht termination, Consultant: shalli immediately: stop rendering services 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of City's written notice oft termination. Compensation for work in progress shall bey prorated based on the percentage of work completed as oft the effective dateofteminalion.n accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to'the effective date oft termination of this Agreement, consideration shall be given to both completed work and work in progrèss, to complete and incomplete drawings, and to other documents pertaining to the servides coritemplated herein whether delivered to the 4.4. Documents. int the eyent of termination oft this Agreement, all documents prepared byic Consultant in its performance of this Agreement includingn buti not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to herein or as otherwise agreed to in writing by the parties. under this Agreement unless directed otherwise by the City. City or int the possession ofthe Çonsultant. Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all oft the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with acurrent A.M. Best's Insurance Rating of no less than A: VI, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required (b) Business automobile liability for owned vehicles, hired, and non-owned occurrence limit. 4 Interwest Consulting Group Inc. Form Revised. July 2024 -109- Agreement No. 2024-046. A vehicles, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury and (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, ifany, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows: property damage. I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before Consultant shall also complywith Section 3800 of the Labor Code by securing, paying for and maintaining in full force and éffect for the duration of this Agreement, compléte Workers' CompensaloAinsurance. and shall furnish à Certificate of Insurançe to the City before execution' of this Agreement.by the City. The City, its officers and employees shall not be responsible for any claims in law jor equity occasioned by failure of the (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the commencing any oft the work. consultant to comaplyiwith:this section. work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional Insureds: "The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by (b) Notice of Cancellation: Consultant shall require its insurers to provide City the Consultant." 5 Interwest Consulting Group Inc. Form Revised July 2024 -110- Agreement No. 2024-046A with thirty (30) days notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal or coverage for each (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of Blythe, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Blythe shall be excess and not contributing with the insurance provided by (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement (e) Coverage Not Affected: Any failure to comply with the reporting provisions Ofthe policies-shall not affegt'coverage provided to the City of Blythe, ts (f) Coverage Applies Separêtely. The Consuitant's insurance shall apply separatelyt to each insured against whom claim is made or suit is brought, required coverage. this policy. from the insurer. offiçers, officials, agents, employees, and volunteers. except withrespect to the limits of the insurer's liability. 5.3. Deductibleor Self Insured Retention. Ifanyofsuch policies provide for a deductible onself-insured retention to provide such coverage, the amount ofsuchdeductible orself-insured retention shall be approved in advance by City. No policy ofi insurance issued as to which the City is an additional insured shall contain a provision which requires that noi insured except the named 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, including 5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be insured can satisfy any such deductible or self-insured retention. endorsements required by these specifications, at any time. held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified onlyi in writing, and signed by the parties ini interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits tot this Agreement. 6 Interwest Consulting Group Inc. Form Revised July 2024 -111- Agreement No. 2024-046A 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf oft the City, called for by this Agreement, except as otherwise shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this expressly provided in this Agreement. Consultant shall designâte a representative for purposes of this Agreement who Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project 6.4. Notices. Any notices, documents, correspondence, or other communications doncerning tjs Agreerfient orthe work hereunder may be provided by perspnal delivery, or mail and shall be addressed as set forth below. Such, communication shall be, deemed served pr delivered: (a) at the'time ofdelivery yifsuch communication is sentiby personal delivery, and (b) 48 (hours after deposit in the US Mail as réflected, by the official U.S. postmalk if such Manager shall attend and assist in all coordination meetings called by City. communication is sent through regular United States mail. IFTO CONSULTANT: interwest Consulting Group Inchs 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Attn: Paul Meschino, President FTOCITY: Gityof Blyfhei 235 N. Broadway Blythe, CA 92225 Attn: Mallory Crecelius 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless ofCity's consent, no subletting or assignment: shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term conditions, or provisions hereof. Riverside County, California. 7 Interwest Consulting Group Inc. Form Revised July 2024 -112- Agreement No. 2024-046A oft this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City's.choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace aother indemnity provisions contained either in the City's" specifications or Consutant's 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employeéof City. Consultartshall have no power to incur any debt, obligation, or liability on behalf of City oris otherwise act on behalfof City asan agent. Neither City nor/ any of its agents shall have control over the conduct of Consultant/or any of Consultant's eniployees, except assèt forthan this Agreement. Consultant shall not, at any time, orin any manner, represént that it orany ofitsagents oremployeés are in any manner agents or employees of City. Consultant shall secure, ati its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) tol be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, Proposal, which,shall be ofno force and effect. this paragraph. which would otherwise be the responsibility of City. 8 interwest Consulting Group Inc. Form Revised July 2024 -113- Agreement No. 2024-046 A Notwithstanding: any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to anyi individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consuitant. City shall indemaily and-hold harmless Consultant fom all Claims damages, losses, and expenses, including attorneys fees, arising put of or resulting from City's use of such doduments for otheriprojects not cortemplated by fhis,Agreement oruse ofincomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, Inany ferm,ncluding but not limitedt to,computertapes, djscs, files audio tapes or any other Project related items as requestéd by City or its authorized representative, at no 6.13 Public RecordsAct Disclosure. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible fori the disclosure of any trade secret including, without limitation, those records sO marked if disclosure is deemed to be required by 6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but notl limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City's representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from PERS benefits. any reasonable assistance and cooperation which City might require. additional cost to'the City law or by order of the court. a decision under this Agreement pursuant to a conflict of interest statute. 9 Interwest Consulting Group Inc. Form Revised July 2024 -114- Agreement No. 2024-046A 6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City 6.17. Order of Precedence. Ini the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions sO incorporated by 6.18. Gosts. Eaehpartyshall bear its own costs and feès incurred inthé préparation and negotiation of this Agreement and in the performance of its obligations hereunder except as 6.19. Binding Effect. This Agreement binds andbenefits the partiés and their respective 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant andno other partiesi ate intended' to be direct en incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party while this Agreement is in effect. reference, this Agreement shall govern over the document referenced. expressly provided herein. permitted successors and assigns. Agreement. interpretation of this Agreement. by virtue of the authorship of any oft the provisions of this Agreement. successors and assigns may amend this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of 10 Interwest Consulting Group Inc. Form Revised July 2024 -115- Agreement No. 2024-046. A this Agreement shall be effective unless in writing and signed by a duly authorized representative oft the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability oft the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding. thet foregoing, ifthe value oft this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.27. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidencé, and each shall fully bind éach party Who has executéd it. The parties waive all right to challenge the admissibility or authenticity of this Agreemept in a court of lay 6.28. Corporate Authority. The persons exécuting this Agréement on behalf of the parties hereto warrant that theyare duly authorizedi to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this based solely on thelabsence of an original signature Agreement. - [SIGNATURE PAGE FOLLOWS. 11 Interwest Consulting Group Inc. Form Revised July 2024 -116- Agreement No. 2024-046A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as oft the date first above written. CONSULTANT Paul Meschino President CITY OF BLYTHE Mallory Crecelius Interim City Manager ATTEST! Mallory City Çlerk Date: Date: APPROVEDASTOF FORM: DR AFT Brittany E. Roberto City Attorney 12 Interwest Consulting Group Inc. Form Revised July 2024 -117- EXHIBIT A CONSULTANT'S PROPOSAL DRAFT -118- July: 1, 2024 Michelle Van Dyke, Permit Technician City of Blythe 235 North Broadway Blythe, CA 92225 Subject: Dear Michelle, iw INTERWEST AS SAFEbuil COMPANY Statement of Qualifications to Provide Building Plan Check Services Interwest Consulting Group (Interwest) understands that Blythe (Contractor) seeks qualified consultants to provide building plan check services. Our team stands capable and ready to provide qualified individuals to Interwest has provided consulting support to California cities, counties, state agencies, and tribal nations for two decades. We are proud of our reputation for providing thoughtful solutions that build thriving communities throughout the state. We define ourselves by the strength of our relationships with the people we work with and the people we work for. Earning client trust and appreciation by exceeding David Kniff will act as Project and Plan Check Manager for this engagement. They will be the Contractor's day-to-day contact for any questions related to their team's services. Shelby, Sieracki, Director of Sales - West Region, will serve as the primary contact to the Contractor throughout the duration of the negotiations process and thereafter should you need anything. Their contact information has been serve the Contractor and provide all required services. expectations is our ultimate measure of success. provided below: PROJECT MANAGER David Kniff Project Manager 909.568.6749 dkniff@esgl.com PRIMARY CONTACT Shelby Sieracki Director of Client Success 626.224.2055 sercieinteneispcon As President of Interwest Consulting Group, lam authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. If you have any questions, please do not hesitate to contact me at 619.372.9962 or pmeschino@interwestgrp.com We appreciate the opportunity to present our qualifications to Blythe. Respectfully: Submitted, opadus Paul Meschino I President of Interwest Consulting Group INTERWEST THOUGHTFULSOLUTIONS. THRIVING COMMUNITIES -119- Firm Background The seamless integration of municipal service professionais in support of public agencies has been our purpose since Interwest Consulting Group. formed in 2002. Interwest was founded by individuals with a passion for serving municipalities. We currently employ more than 350 employees spanning a multitude of disciplines within municipal public works and building and safety departments. We currently serve more than 400 cities, counties, and state agencies across Our staff has held senior and executive management positions within numerous California cities and public agencies. This depth of experience brings a high level of expertise and sensitivity towards community: ands special interest group issues. We value the importance of at focus that represents the interests of our public agency clients and reflects positively on the We provide the following services to our valued clients: iw INTERWEST Corporate Entity Corporation, legally certified to conduct business in the State of California Ownership Interwest Consulting Group is a wholly owned subsidiary of SAFEbuilt, LLC. Signing Authority Paul Meschino President Project Office 9320 Chesapeake Drive, Suite 208 San Diego, CA, 92123 California. Colorado citizens they serve. Building Department Services Municipal Engineering Traffic Engineering Construction Management & Inspection Real Estate & Right of Way Planning & Urban Design INTERWEST THOUGHTFULSOLUTIONS, THRIVING COMMUNITIES -120- Scope of Work BUILDING PLAN REVIEW SERVICES All plans examination services will be performed by a licensed Civil or Structural Engineer, and/or an ICC Certified or otherwise qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues. Our staff will work with project applicants collaboratively and professionally to quickly identify and resolve violations of codes, standards or local ordinances. They will provide thorough plan reviews to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects. Technical Capabilities in Plan Check Areas Interwest staff possesses significant technical capabilities in all areas of plans examination competence. Plans examiners are licensed engineers and/or ICC Certified or otherwise qualified Plans Examiners with extensive experience providing plan review. services. Plans examination activities will be performed under the direction of a California licensed professional engineer and/or licensed architect. Our staff will conduct an accelerated plan review on an as-needed basis as requested by the Building Official. Interwest's California-licensed Structural Engineers have experience designing and reviewing projects Structural utilizing virtually all building materials: Wood Masonry Heavy Timber / Timber Frame Concrete Structural Steel Cold-Formed Steel Framing Straw Bale Rammed Earth Aluminum Our engineers have designed or reviewed a wide array of lateral force resisting systems, including: Steel Moment Frames Buckling Restrained Braced Frames Eccentric Braced Frames Concentric Braced Frames Concrete Moment Frames Wood Shearwall Systems Masonry Shearwall Systems Concrete Shearwall. Systems Cantilevered Column Systems Various Proprietary Lateral Force Resisting Systems INTERWEST THOUGHTFULSOLUTIONS. THRIVING COMMUNITIES -121- Our structural engineers are experienced with the provisions of most model codes, including, but not limited to, current versions of: CCR Title 24, Part 2, Volume 2 AISC 341, 358 and 360 ASCE 7 and 41 ACI318 ACI530/ /TMS 402/602 Non-Structural Life Safety CA Historic Building Codes CA Existing Building Codes AISI Standards for Cold Formed Steel ANSI/AF&PA NDS for wood framing NEHRP Requirements for Existing Building Interwest's non-structural plans examiners furnish plan review services fora avast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plans examiners are CASP certified. Completed plan review projects range from single-story residential projects to complex high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following codes: California Building Standards Code ANSI Standards NFPA Codes & Standards Americans with Disabilities Act Standards for Accessible Design CA Code of Regulations (CCR) Titles 19 and 25 Jurisdiction-adopted amendments or ordinances Mechanical, Plumbing & Electrical Interwest's California-licensed Mechanical and Electrical Engineers are well-versed in the application of California Mechanical, Plumbing, Electrical, Energy, and Green Building Standards Codes: California Building Code California Residential Code California Plumbing Code California Mechanical Code California Electrical Code Jurisdiction-adopted ordinance Energy Compliance Our engineers and plan reviewers are up-to-date on all California Energy requirements as they relate to both new and remodel construction on large residential and commercial projects. The Energy Efficiency Standards for Residential and Non-residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Our staff is familiar with the incorporation of CALGreen building criteria into project designs and the resulting potential impact as related to the building codes. In addition, staff members have participated in the development of various "green'"standards for superadobe, rammed earth, and straw bale construction, Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations, and maintenance solutions. LEED certification consists of many different rating systems that apply to many building types-commercial as well as residential and measures how well al building performs across many Green Building Standards to name a few. LEED INTERWEST THOUGHTFULSOLUTIONS.THRIVING COMMUNITIES -122- sustainability metrics, including energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. All of Interwest's CASP-Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client's expectations and needs. We work collaboratively with our clients to resolve plan review and inspection-related issues as efficiently as Our architects and plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance regulations and are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcement and/or developing a transition plan towards compliance, and successfully partner with the disabled community to address the needs and requirements of both entities. We can assist our clients in interpreting various issues relating to access compliance, such as access compliance obligations, transition planning, construction costs, Interwest's staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones, as several of our clients have developments that occur in areas prone to flooding. Interwest's staff has provided numerous plan reviews for projects located in flood zones using FEMA's Technical Bulletins as well as the local jurisdiction's ordinances. In addition, members of Interwest's staff have participated in state-sponsored committees to establish guidelines and regulations for construction Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well-versed with the OSHPD3 3 requirements contained in the California Building Code. We also have Access Compliance - CASP Review possible, ultimately resulting in an expedited process and successful project. construction phasing, code' interpretation, hardship, and code changes. Flood. Zones ina areas designated as flood zones. OSHPD3 OSHPD-certified inspectors available on an as-needed basis. Code Interpretations Code interpretations are subject to final review and approval by the Chief Building Official or Jurisdiction designated staff. Interwest's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the. Jurisdiction's Building Department. Transporting Plans Although most of our clients have transitioned to electronic plan review, if the Jurisdiction allows/receives paper submittals, Interwest will arrange for all pick-up and delivery of plan review documents from the Jurisdiction at no cost. Interwest uses varied methods of pick-up and delivery with the goal of providing same-day service. Special Projects Interwest is able to accommodate special project plan review needs such as fast-track, multi-phased, or accelerated plan reviews. We establish project-specific turnaround goals and procedureswith, jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule. INTERWEST THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES -123- Our staff of engineers and plans examiners will work with the Jurisdiction as well as with applicants and designers to resolve all plan review issues. Our staff will deal directly with applicants and their designers during the plan review process to resolve all issues. Interwest will furnish assigned personnel with all materials, resources, and training necessary to conduct plan reviews, including a current copy of the applicable Jurisdiction amendments, policies, procedures, and forms. Communicating Plan Review Results When not immediately approved, plan reviews will result in lists of comments referring to specific details and drawings and referencing applicable code sections. Using the Jurisdiction plan review format, we will provide a correction list outlining the deficient items per the Jurisdiction's requirements. After each plan review cycle, Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and Jurisdiction representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two. complete sets of all final documents annotated as "reviewed" to the Jurisdiction for final approval. Maximum Proposed Turnaround Times for Building Plan Check We consistently complete 99% of our customers' plan review times on schedule Statewide for both commercial and residential projects as our standard business practice. We work hard to accommodate any turnaround schedule desired by the Jurisdiction. Multi-disciplinary reviews are typically performed in our offices, but we are available for onsite work when required, upon the Jurisdiction's request. Maximum Turn Around Time Type of Job Residential New Construction Single Family Dwellings Remodel Plan Change Addition Multi-family Non-Residential New Construction Plan Change Addition Remodel (T.I.) First Check 10 Business Days 10 Business Days 10 Business Days 10 Business Days 10 Business Days 15 Business Days 10 Business Days 10 Business Days 10 Business Days 10 Business Days Re-Check 5B Business Days 5Business Days 5B Business Days 5Business Days 5Business Days 5Business Days 5Business Days 55 Business Days 5Business Days 5B Business Days Large Complex Commercial Projects Turnaround Time Negotiated on al Project by Project Basis Interwest is also able to accommodate special project plan review needs, such as fast-track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects. INTERWEST THOUGHTFUL: SOLUTIONS. THRIVING COMMUNITIES -124- Electronic Plan Check Services Interwest currently provides electronic plan review services for multiple jurisdictions throughout California, including for More and more jurisdictions are seeing the benefits of electronic permitting and plan checks, especially for large, complexp projects. Electronic plan check services deliver many benefits to municipalities, including substantially improved turnaround times; instantaneous comments to the developer, applicant, or architect; secured accessibility to documents; and reduced paper storage. Our staff is experienced in providing electronic plan reviews and can the Jurisdiction. work closely with the Jurisdiction on any electronic plan check software program that is utilized. Our goal is always to collaborate with and support the building department by providing thorough, accurate, and timely plan reviews. Plan Review Tracking Methods & Billing Process Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project-related database entries as directed by the Jurisdiction. We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your. jurisdiction, billing arrangements, contact information, and any special requests you would like us to keep in mind. Interwest uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to the delivery of the final, approved documents. Information such as project name, Jurisdiction's project number, assigned plan reviewer(s), date documents were received, plan review cycle, and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed. In addition, we can provide online tracking for the Jurisdiction with a custom-designed web template geared to provide any reporting Our staff is available during normal business hours to answer questions via phone or email regarding the actual plan review in progress. We maintain active email accounts, and our staff will be responsive to any Jurisdiction or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 and information needs required. hours. INTERWEST THOUGHTFULSOLUTIONS THRVINGCOMMUNITES -125- Fee Schedule All plan review services will be conducted based upon the hourly schedule listed below: Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI"). Such increase shall not exceed. 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Licensed Plan Review Engineer (structural, civil, electrical, mechanical), /Architect.. Classification Hourly Billing Rate 160 200 185 145 135 125 Supervising Structural Engineer. Senior Structural Engineer. Senior Plans Examiner CASp.. ICC Building Plans Examiner INTERWEST THOUGHTFULSOLUTIONS. THRIVING COMMUNITIES -126- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETINGDATE: August 13, 2024 SUBJECT: Approval of Revised Management Salary and Benefits Schedule PRESENTED BY: Brittany Roberto, City Attorney PREPARED BY: Brittany Roberto, City Attorney RECOMMENDATION: Iti is recommended that the Council adopt the following Resolution: RESOLUTION NO. 2024-027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING AND ADOPTING THE REVISED MANAGEMENT SALARY AND BENEFITS SCHEDULE FISCAL IMPACT: None. BACKGROUND: The City Council approved and adopted the Management Salary and Benefits Schedule for thej period of. July 1, 2023 through. June 30, 2025 on November 14, 2023 by Resolution' No. 2023-028. Section 12 ofthe Salary and Benefits Schedule allows employees filling the position ofPolice Lieutenant to work grant-funded overtime projects in which hours worked are subject to reimbursement by a grant. Hours worked are paid at 1-1/2 times ofthe hourly rate of! pay for the top step oft the Police Sergeant salary range. This provision has been STAFF REPORT: As ofJuly 1,2 2024, long-term Police. Department employee Keith Walnoha was promoted from Police Lieutenant to Police Captain. Both positions are included in the Management Salary and Benefits Schedule. This change was included in the FY 2024/25 Operating and Capital Budget which the City Council adopted on June 11, 2024. The budget, which went into effect on. July 1, 2024, includes funded positions Citywide, including funding for a Captain position. The Lieutenant position is unfunded for FY 2024/25. While the Chief was staffing certain grant-funded overtime projects, staff realized that the Management Salary and Benefits Schedule specifically outlined the position of Lieutenant as the position authorized to work grant-funded overtime projects. With thej promotion of Captain Walnoha, there arei no employees working in the Lieutenant position. The City has no plans to fund the Lieutenant position int the: foreseeable future. To address this change inj positions, staff is recommending that the Management Salary and Benefits Schedule be revised to state that employees filling the position of Police Captain are able to work grant-funded overtime There: is no increase in cost associated with authorizing a Captain versus a Lieutenant to work grant-funded overtime projects as the pay is based on the top step of the Police Sergeant's salary range. Outside of grant-funded projects, employees in the position of Captain and/or Lieutenant are exempt from overtime pay. In addition to the change to Section 12,1 thej proposed revised Salary and Benefits Schedule includes a minor revision to Section 1 to reflect the in effect since October 10,2017. projects. -127- current salary range for the Police Captain position. Representatives for the Management Unit have agreed to the proposed revisions. ATTACHMENTS: 1. 2. Resolution No. 2024-027 Exhibit A - Revised Management Salary and Benefits Schedule -128- RESOLUTION 2024-027 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING AND ADOPTING THE REVISED MANAGEMENT SALARY AND BENEFITS SCHEDULE FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025 The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, salary schedules and benefits for members of the Management Unit WHEREAS, on November 14, 2023, the City Council approved the Management Salary and Benefits Schedule for the period covering July 1, 2023 through June 30, 2025 ("Unit") are approved by resolution of the City Council; and through the adoption of Resolution No. 2023-028; and WHEREAS, Section 12 of the Management Salary and Benefits Schedule permits employees int the Unit filling the position of Police Lieutenant to work grant-funded projects in which hours worked are subject to reimbursement by a grant; and WHEREAS, effective July 1, 2024, the City funded the position of Police Captain WHEREAS, the City desires to amend Section 12 of the Management Salary and Benefits Schedule to permit employees in the Unit filling the position of Police Captain to work grant-funded projects in which hours worked are subject to reimbursement by a and unfunded the position of Police Lieutenant; and grant; and WHEREAS, the City further desires to amend Section 1 ofthe Management Salary and Benefits Schedule to reflect the current salary range for the Police Captain position; and WHEREAS, representatives for the Unit have agreed to these changes; and WHEREAS, the City Council desires to approve and adopt the revised NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, SECTION 1. The City Council hereby approves and adopts the revised SECTION 2. The revised Management Salary and Benefits Schedule shall be Management Salary and Benefits Schedule. CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: Management Salary and Benefits Schedule as set forth in Exhibit A. effective upon the adoption of this Resolution. Resolution No. 2024-027 Page 1of2 -129- PASSED, APPROVED AND ADOPTED this 13th day of August, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) Resolution No. 2024-027 Page 2of2 -130- EXHIBIT. A REVISED MANAGEMENT SALARY AND BENEFITS SCHEDULE -131- Management Salary and Benefits Schedule Effective: July 1, 2023 -, June 30, 2025 (Approved November 14, 2023-Resolution No. 2023-028) (Revised August 13, 2024-Resolution No. 2024-027) 1. Positions by Title and Salary Range: Title City Manager Assistant City Manager Director of Finance Planning Director Director of Public Works Assistant Director of Public Works City Engineer/Project & Contract Coordinator Golf Course/Parks Superintendent Recreation Director Police Chief Police Captain Police Lieutenant Range Contract 85 Contract 75 Contract 72 72 71 65 Contract 79 77 Employees in this unit will be paid bi-weekly in accordance with City of Blythe 2. Administrative Leave: 11 days annually per fiscal year, 3 days may be accrued into subsequent year, 14 days maximum on accrual in any fiscal year, no cash out 3. Longevity: Employees in this unit hired prior to January 1, 2013 shall be eligible to receive longevity pay as set forth below. Employees hired on or after. January 1,2013 a. For employees with 5 through 9 years of continuous employment with the City of Blythe in a permanent full-time position, longevity pay shall be paid at $50.00 b. For employees with 10 through 14 years of continuous employment with the City of Blythe in a permanent full-time position, longevity pay shall be paid at C. For employees with 15 through 19 years of continuous employment with the City of Blythe in a permanent full-time position, longevity pay shall be $150.00 d. For employees with 20 or more years of continuous employment with the City of Blythe in a permanent full-time position, longevity pay shall be $200.00 per established pay schedule. provisions. shall not receive longevity pay. per pay period. $100.00 per pay period. per pay period. pay period. -132- 4. Vacation Leave: Accrual: Vacation accrual will begin on the permanent employment date as follows: Years of Service 0-5** Is6-10** 11-15** 15+ Hours Accumulated Maximum Accrual Per Pay Period 3.08* 4.62 6.16 7.50 240 280 320 355 *In the first pay period in which the employee becomes eligible, the employee will accrue 0.0385 hours per regular hour worked, to a maximum of 3.08 hours. After the first pay period, the employee will accrue 3.08 hours per pay **Until the employee completes the number of years specified. For example, until an employee completes 5 years of service, the employee is entitled to 3.08 hours per pay period. On the first day of the sixth year of service, the Cash In Provisions: Maximum accumulation is calculated by adding 160 hours to the current year's accumulation. Vacation earned above the maximum may be sold semi- annually the last pay period in June and the last pay period in November. Requests period. employee is entitled to 4.62 hours per pay period. for this pay shall be prior to June 1st or November 1st. 5. Sick Leave: follows: Accrual: Employees shall begin to accrue sick leave when they become eligible as a. For the first pay period in which they become eligible, the employee will earn 0.065 hours of sick leave for each hour that he/she works in the pay period to b. After initial accrual begins, employees wille earn 5.20 hours of sick leave per pay al maximum of 5.20 hours for the period. period for each full active period of service. Cash In Provisions: a. 50% cash pay back on the second payroll in November for sick leave earned but not used, in excess of 720 hours for the prior fiscal year. A maximum of 48 b. Request to cash in 50% of the sick leave accrued but not used for the prior fiscal year to be paid at the current rate of pay on the second payroll in November. A maximum of 48 hours will be paid, and hours will be deducted Upon retirement or termination, sick leave hours accrued (maximum to be paid 720 hours) shall be paid at the current rate of pay and shall be paid as follows: hours will be paid but not deducted from accrual; or from accrual. 50% 60% 11 to 5 years of continuous service 6 to 9 years of continuous service -133- 70% 80% 100% 10 to 14 years of continuous service 15 to 19 years of continuous service 20 plus years of continuous service d. For sworn personnel in this unit, maximum hours to be paid out at retirement will be 720 hours or the total amount accrued on the books may be converted tor retirement service time. 6. Personal Business Leave: Up to 6 days of sick leave peri fiscal year may be used by 7. Holidays: Employees in this unit are entitled to pay for holidays that have been designated by the City of Blythe. Additionally, each member in this unit will be entitled to 1 floating holiday per fiscal year. The floating holiday may be scheduled at a time that is agreeable to the employee and City Manager. The floating holiday is non- the employee for personal business leave. accruable. 8. Medical, Dental, Vision, Life Insurance: Medical Opt Out: Flex pay will be provided at $695.00 per month for employees in this unit that are eligible to opt out of medical insurance provided by the City. Proof of Medical Insurance: The City's contribution for medical insurance for employees in this unit and eligible family members will have a cap of $695.00 per month. All increases in premiums above $695.00 will be paid by the City up to the 2014 rates as outlined below. All increases above 2014 rates shall be paid entirely by Employee. other medical insurance is required for flex pay option. Plan Individual Individual + Individual + Two or $1,412.35 $1,524.43 $1,659.37 One Dependent More Dependents Blue Shield Access (HMO) $543.21 PERS Gold Select (PPO) PERS Platinum (PPO) $1,086.42 $1,172.64 $1,276.44 $586.32 $638.22 Dental, Vision, Life, Short" Term Disability (STD) Insurance: Employees in this unit are eligible for the following dental, vision, life, and STD benefits: a. Dental insurance, with hi-low option, includes orthodontics at $1,000 b. Vision C. Life Insurance at $50,000 d. Short Term Disability City pays 100% of premiums for dental, vision, life, and STD as outlined above. 9. Uniform Allowance: An amount of $62.30 per bi-weekly pay period paid to any 10.P.O.S.T. Certificate Pay: Employees in this unit classified as sworn personnel will be entitled to special compensation of 3% of the employee's current base rate of pay for employee in this unit classified as sworn personnel. -134- completing the requirements for an intermediate certificate. Sworn personnel will be entitled to an additional 3% (for total of 6%) of the employee's current base rate for completing the requirements for an advanced certificate. This pay will be paid in bi- weekly increments and will begin in the pay period immediately following the date 11.Out of Class Pay: When an employee in this unit is assigned to work in a position higher than that employee fills, that employee will be entitled to pay equal to the first step oft the higher position, or a 5% increase above his/her current rate of pay, for the period of time the employee is asked to fulfill the duties of the higher-level position. This acting pay willl begin after one fully workday has been completed by the temporarily 12.Grant-Funded Projects: Employees in this unit filling the position of Police Captain are eligible to work grant-funded projects in which hours worked are subject to reimbursement by a grant. Hours worked will be paid above the employee's regular a. Grant projects are assignments directed by the Department Head or designee to be performed in addition to the work of the normal work period. b. Work on grant projects shall be paid at 1-1/2 times of the hourly rate of pay for P.O.S.T. approves certificate(s). promoted individual. work assignment as follows: the top step of the Police Sergeant pay range. 13.Public Employees Retirement System (PERS): All full-time permanent employees in this unit are subject to California Public Employees Retirement System as defined below: Miscellaneous: Classic: 2.5%@55-6 employee to pay 4% oft the 8% employee contribution rate, employer to pay the remaining 4%. PEPRA: 2% @ 62 - employee to pay the entire employee Classic: 3% @ 50 - employee to pay 4% of the 9% employee contribution rate, employer to pay the remaining 5%. PEPRA: 2.7% @ 57 - employee to pay the entire employee contribution rate. Safety: contribution rate. 14.One-Time Pay: Effective the first full pay period following City Council approval of this Management Salary and Benefits Schedule, employees ini this unit not designated as "Contract" employees pursuant to Section 1 shall receive one-time nonPERSable pay of $750.00. On July 1, 2024, employees in this unit not designated as "Contract" employees pursuant to Section 1 shall receive one-time nonPERSable pay of 15.Cost-or-Living Adjustment: Employees in this unit not designated as "Contract" employees pursuant to Section 1 shall receive a cost-of-living adjustment (COLA) of 2.5%, retroactive to July 1, 2023. Effective July 1, 2024, employees in this unit not designated as "Contract" employees pursuant to Section 1 shall receive a COLA of $750.00. 2.5%. -135- APPENDIX A SALARY SCHEDULE BY RANGE -136- Salary Schedule by Range Management Range 65-85 Effective July 1, 2023 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step7 Step 8 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 30.32 31.08 31.86 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 31.08 31.86 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 31.86 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 35.17 36.05 36.94 37.87 38.82 39.79- 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 70.20 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 70.20 71.96 Range Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 -137- Salary Schedule by Range Management Range 65-85 Effective July 1, 2023 RANGE STEP1 STEP2 STEP3 STEP4 STEP5 STEP6 STEP7 STEP8 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 65 66 67 68 69 70 71 72 73 74 75 76 77 78 81 82 83 84 85 2,425.56 2,486.24 2,548.56 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,486.24 2,548.56 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 2,548.56 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 79 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 80 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 5,616.00 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 5,616.00 5,756.80 RANGE STEP9 STEP 10 STEP 11 STEP 12 STEP1 13 STEP 14 STEP 15 STEP16 -138- Salary Schedule by Range Management Range 65-85 Effective July 1, 2024 Range Step 1 Step: 2 Step 3 Step 4 Step 5 Step 6 Step7 Step8 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 31.08 31.86 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 31.86 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 32.66 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 33.47 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 34.31 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 35.17 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 70.20 36.05 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 70.20 71.96 36.94 37.87 38.82 39.79 40.78 41.80 42.85 43.92 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 45.02 46.15 47.29 48.47 49.69 50.93 52.20 53.51 54.85 56.22 57.63 59.06 60.54 62.05 63.60 65.19 66.82 68.49 70.20 71.96 73.76 Range Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 -139- Salary Schedule by Range Management Range 65-85 Effective July 1, 2024 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step7 7 Step 8 65 66 67 68 69 70 71 72 73 74 75 76 77 78 80 81 82 83 84 85 65 66 67 68 69 70 71 75 76 77 78 79 81 83 84 85 2,486.24 2,548.56 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 2,548.56 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 2,612.52 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 2,677.30 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 2,744.54 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 2,813.42 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 2,883.94 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 2,955.28 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 79 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 Range Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 3,029.90 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,105.34 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,183.24 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,262.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,343.96 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 3,427.60 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 3,513.70 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 72 3,601.44 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 73 3,691.64 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 74 3,783.48 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 3,877.78 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 3,975.36 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,074.58 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,176.26 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 4,280.40 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 80 4,387.82 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 4,497.70 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 82 4,610.04 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 4,724.84 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 5,616.00 4,842.92 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 5,616.00 5,756.80 4,964.00 5,088.00 5,215.20 5,345.60 5,479.20 5,616.00 5,756.80 5,900.80 -140- PUBLIC HEARING -141- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETINGDATE: August 13, 2024 SUBJECT: City's 6th Cycle Housing Element Update PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager, and Brittany Roberto, City Attorney RECOMMENDATION: Iti is recommended that the Council: 1. Subsequent to thej public hearing, adopt the following Resolution: RESOLUTION NO. 2024-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE GENERAL PLAN. BY ADOPTING THE 6TH CYCLE 2021-2029 HOUSING. ELEMENTAND FINDING THE. ADOPTION OF THE. HOUSING, BLEMENT IS EXEMPT. FROMI ENVIROMMENTAL REVIEW UNDER THE CALIFORNIA, ENVIROMMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON 2. Authorize the Interim City Manager to execute Agreement No. 2024-041 A with Veronica Tam and Associates, Inc. for technical assistance in connection with implementing the Housing Element, in an amount not to exceed $15,000, once approved by the City SENSE EXEMPTION) Attorney. FISCAL IMPACT: $15,000i in Planning and Zoning' Technical Services. BACKGROUND: State law requires that each city. adopt a comprehensive General Plan to guide land use and development. There are eight required "elements" of the General Plan: land use, circulation, housing, conservation, open space, noise, safety and environmental justice. The Housing Element sets forth goals, policies, and programs that address thei futurel housing needs for all incomel levels int the City over an eight-year planning: period that coincides with thel Regional Housing Needs Assessment (RHNA) projection period. The RHNA is mandated by State Housing Law as part oft thej periodic process ofupdating local housing elements. RHNA quantifies the need Inl February 2014, the City adopted the 5th Cycle Housing Element for the planning period of2013 through 2021. The City is required by State law to update its Housing Element every eight (8) years. Housing Element periods are sometimes referred to as "cycles." Every city and county in the Southern California Association of Governments (SCAG) region is required to prepare a Housing Element update for the sixth planning cycle, which spans the 2021-2029 period. forl housing within each jurisdiction during specified planning periods. -142- The Housing Element is the only element of the General Plan that has State oversight. The California Department of Housing and Community Development (HCD) reviews each jurisdiction's housing element to determine ifit is in compliance with State law. A finding of STAFFI REPORT: Below: is a general timeline describing major milestones inj preparing Blythe's compliance by HCD is referred to as "certification" ofthe Housing Element. draft 2021-2029 Housing Element Update: February 8, 2022- City entered into an agreement with' The Holt Group for preparation of the 6th Cycle Housing Element Update, which had a one-year term, through February 7, April 6, 2022- Housing Element Outreach event held at Blythe Emergency Food Pantry. April 12, 2022 - Presentation by The Holt Group at City Council meeting regarding June 29, 2022 - Published notice in Palo Verde Times and on the City's website: regarding the availability ofthel Draft Housing Element Update, publicl hearing, and Housing Element 2023. overview of] Housing Element development process. Community Forum. July 12, 2022 - Public hearing on Draft Housing Element. August 2, 2022 - Submitted First Draft oft the Housing Element to HCD. October 3, 2022 - Received comment letter on First Draft of the Housing Element from March 16, 2023-March 24, 2023 - Made Second Draft of the Housing Element available March 28, 2023 - Submitted Second Draft oft the Housing Element to HCD. May 9, 2023 - City entered into an agreement with Veronica Tam and Associates, Inc. for May 24, 2023 - Received comment letter on Second Draft of the Housing Element from December 14, 2023-December 27, 2023 - Made Third Draft of the Housing Element December. 28, 2023 - Submitted Third Draft oft the Housing Element to HCD. February 26, 2024- - Received comment letter on the Third Draft ofHousing Element from April 15, 2024-April 22, 2024 - Made Fourth Draft ofthe Housing Element available for April 23, 2024 - Submitted Fourth Draft of the Housing Element to HCD. June 11, 2024-June 19, 2024 - Made Fifth Draft of the Housing Element available for June 19, 2024 - Submitted Fifth Draft oft thel Housing Element to HCD. June 20, 2024 - Received letter from HCD on Fourth Draft of the Housing Element, advising that the Draft Housing Element meets the statutory requirements of State Housing July 9, 2024 - Public hearing by City Council, acting as Planning Agency, regarding the August 13, 2024 - City Council public hearing for adoption of the 6th Cycle Housing HCD. for public review on the City's website. assistance with the 6th Cycle Housing Element Update. HCD. available for public review on the City's website. HCD. public review on the City's website. public review on the City's website. Element Law. 6th Cycle Housing Element Update. Element Update. -143- Thei most significant changes between the original Draft Housing Element previouslyreviewed by the City Council and the current Draft that has been deemed compliant by HCD are: Restructuring the sites strategy for meeting RHNA consistent with the State Housing Element Law requirement of 20 units per acre as feasible for lower income units. The Housing Element now utilizes the commercial zone that allows multi-family housing to Developing arobust. Affirmatively Furthering Fair Housing analysis and including a set of accommodate the lower income RHNA. meaningful actions to further fair housing. These key changes result in the compliance status of the Draft Housing Element. Per HCD's June 20, 2024 letter, the City's Housing Element will substantially comply with State Housing Element Law when it is adopted, submitted and approved by HCD, in accordance with Government Code section 65585. Blythe's RHNA For the 6th planning cycle, HCD determined that within the SCAG region, there is a need for 1,341,827 housing units. SCAG then developed methodology to distribute the regional determination to each: member jurisdiction in Southern California. Blythe'sregional. lhousingi needs allocation is 494 units, distributed as follows: Very-Low Income Low-Income Moderate-Income Above-Moderate Income Total 82 71 96 245 494 The Housing Element is required to include an analysis of potential housing sites in the City to accommodate the development ofnew housing units toi meet the RHNA target. As outlined in the draft Housing Element, the City's sites inventory identifies available vacant sites that can accommodate a total of 938 units (227 lower income, 173 moderate income, and 488 above- moderate income), meeting the RHNA allotment of 82 units for very-low income, 71 units for low-income, 961 units for moderate-income, and 245 units for above-moderate income. Blythe's 6th Cycle 2021-2029 Housing Element The City's Housing Element is organized into the following sections and appendices: Section I - Introduction. This section provides an overview of the purpose, scope, and Section II- Community Profile and Housing Needs Assessment. This section provides a summary of the City's demographic and housing characteristics, and associated housing organization ofthe Housing Element. -144- needs. Section III - Constraints on Housing Production. This section provides an assessment of Section IV - Housing Opportunities. This section provides an inventory of resources Section V-Accomplishments Under the Adopted Housing Element. This section evaluates and analyzes the accomplishments achieved under the: 5th Cyclel Housing Element planning Section VI-Housing Plan. This section outlines the City's commitments toj providing and preserving housing opportunities for all income segments ofthe community for the 2021- Appendix A. This appendix provides analysis of Affirmatively Furthering Fair Housing Appendix C. This appendix provides a detailed description ofthe units requiring abatement the various constraints tol housing development and preservation. available for meeting the City's existing and projected housing needs. period, 2013-2021. 2029 planning period. (AFFH) required by AB 686. Appendix B. This appendix provides outreach comments and materials. and rehabilitation identified through a windshield survey. The draft 6th Cycle Housing Element and supporting documents are posted on the City's website at] whdhanbkasaNimdraaceD7s and available forj public inspection in the City Clerk's Office. CEQA This amendment to the City's General Plan is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061, Review for Exemption, of the CEQA Guidelines. Specifically, Section 15061(b)(3) states, in part, that a project is exempt from CEQA if "Ithe activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." As the Housing Element is a policy document which will bei implemented by changes to the Land Use Element and Zoning Code and does not provide any entitlements on: its own, there will bei no physical impacts from its adoption. This is the second of two public hearings to adopt the Housing Element. The City Council, acting as the City's Planning Agency, conducted the first public hearing on. July 9, 2024. Agreement for Technical Assistance Regarding Implementation of] Housing Element Following adoption oft the Housing Element, the City is required to implement various programs identified in the Housing Element. Staff is proposing to enter into an agreement with the City's Housing Element consultant, Veronica Tam and Associates, Inc. (VTA) for technical assistance regarding implementation ofthe Housing Element. VTA'sservices will includea assisting staffwith required Zoning Code revisions to comply with State housing laws and/or to facilitate housing development, best practices with actions to Affirmatively Furthering Fair Housing, and compliance with No Net Loss Requirements. VTA provided an estimate of $10,900 to provide such services. Staffis proposing that the agreement include ai maximum compensation amount of -145- $15,000 toj provide flexibilityin the event additional services are: needed toi implement thel Housing Therefore, it is recommended the City Council adopt Resolution No. 2024-028 to adopt the City ofBlythe's 6th Cycle Housing Element fort the planning period of2021 through 2029 and authorize the Interim City Manager to execute Agreement No. 2024-041 A with Veronica Tam and Associates, Inc. for technical assistance in connection with implementing the Housing Element, Element. once approved by the City Attorney. ATTACHMENTS: 1. Resolution No. 2024-028 2. Draft Professional Services Agreement -146- RESOLUTION NO. 2024-028 AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE GENERAL PLAN BY ADOPTING THE 6TH CYCLE 2021-2029 HOUSING ELEMENT AND FINDING THE ADOPTION OF THE ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQAJPURSUANTTO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON HOUSING ELEMENT IS EXEMPT FROM SENSE EXEMPTION) The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, California law requires every city to have a general plan, including a housing element which complies with the provisions of State Housing Element Law (California Government Code section 65580 et seq.); and Housing Element for the eight-year period 2021-2029; and WHEREAS, State Housing Element Law requires that the City Council adopt a WHEREAS, State Housing Element law requires that the Housing Element accommodate the City's regional housing need allocation (RHNA) of 494 housing units, comprised of 82 very-low income units, 71 low-income units, 96 moderate-income units, and 245 above-moderate income units; and WHEREAS, to complywith State Housing Element Law, the City has prepared the 6th Cycle 2021-2029 Housing Element (Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City's RHNA; and WHEREAS, as provided in California Government Code section 65350 et seq., WHEREAS, in February 2022, the City entered into an agreement with The Holt WHEREAS, the City held a number of meetings on the Housing Element before WHEREAS, the City posted the draft Housing Element on the City's website from WHEREAS, on August 2, 2022, the City sent its draft Housing Element to the Department of Housing and Community Development (HCD) for comment, and on adoption of the Housing Element constitutes a General Plan amendment; and Group for preparation of the Housing Element; and the City Council, including on April 12, 2022 and July 12, 2022; and June 29, 2022 through July 12, 2022 for public review and comment; and October 3, 2022, the City received a comment letter from HCD; and Resolution No. 2024-028 Page 1 of4 -147- WHEREAS, on March 16, 2023, the City posted a revised draft of the Housing Element responding to HCD's comments on its website. The revised draft was available for public review and comment from March 16, 2023 through March 24, 2023; and WHEREAS, on March 28, 2023, the City sent the revised draft of the Housing WHEREAS, in May 2023, the City entered into an agreement with Veronica Tam and Associates for assistance with completing the Housing Element update; and WHEREAS, on May 24, 2023, the City received an additional comment letter from WHEREAS, on December 14, 2023, the City posted a revised draft ofthe Housing Element responding to HCD's comments on its website. The revised draft was available for public review and comment from December 14, 2024 through December 27, 2023; Element to HCD; and HCD; and and WHEREAS, on December 28, 2023, the City sent the revised draft oft the Housing WHEREAS, on February 26, 2024, the City received an additional comment letter WHEREAS, on April 15, 2024, the City posted a revised draft of the Housing Element responding to HCD's comments on its website. The revised draft was available for public review and comment from April 15, 2024 through April 22, 2024; and Element to HCD; and from HCD; and WHEREAS, on April 23, 2024, the City sent the revised draft of the Housing WHEREAS, on June 11, 2024, the City posted a revised draft of the Housing Element on its website. The revised draft was available for public review and comment Element to HCD; and from June 11, 2024 through June 18, 2024; and WHEREAS, on June 19, 2024, the City sent the revised draft of the Housing WHEREAS, on June 20, 2024, HCD sent a letter to the City advising that the draft Housing Element meets the statutory requirements of State Housing Element Law, and that the Housing Element will substantially comply with State Housing Element Law when Element to HCD; and it is adopted, submitted to and approved by HCD; and WHEREAS, on July 9, 2024, the City Council, acting as the Planning Agency, conducted a duly noticed public hearing regarding the adoption of the 6th Cycle 2021- Resolution No. 2024-028 Page 2of4 -148- 2029 Housing Element in accordance with State law requirements, at which time it took into consideration all evidence presented, both oral and written; and WHEREAS, on August 13, 2024, the City Council held a duly noticed public hearing regarding the 6th Cycle 2021-2029 Housing Element, at which time it considered all evidence presented, both written and oral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council hereby finds as follows: A. The foregoing recitals are true and correct and are incorporated herein. B. The Housing Element was prepared in accordance with State law and in C. Itis necessary to update the City's Housing Element to comply with State SECTION 2. CEQA. The City Council hereby finds and determines that the adoption of the Housing Element is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Housing Element is a policy document which will not have any physical impacts. Any changes required to the Land Use Element and/or the City's Zoning Code as required by the Housing Element will be reviewed for environmental impacts at such time as the changes are brought forward for consideration. Therefore, adoption of the Housing Element is exempt from CEQA. The substantial compliance with State Housing Element Law. law. City Council directs staff to file a Notice of Exemption. SECTION 3. Adoption. The City Council hereby adopts the 6th Cycle 2021-2029 Housing Element, revised in June 2024, and directs the Interim City Manager to submit the Housing Element and all necessary documents to HCD for certification. SECTION 4. Modification. The City Council hereby authorizes the City Manager to make all non-substantive changes to the Housing Element to make it internally consistent and to address any non-substantive changes or amendments requested by HCD to achieve certification. SECTION 5. Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. All summaries of information int the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Resolution No. 2024-028 Page 3 of4 4 -149- SECTION 6. Certification. The City Clerk shall certify to the passage and PASSED, APPROVED AND ADOPTED by the City Council of the City of Blythe at a regular meeting thereof held on the 13th day of August, 2024, by the following vote, adoption of this Resolution and enter it into the book of original resolutions. to wit: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) Resolution No. 2024-028 Page 4 of4 4 -150- Agreement No. 2024-041A CITY OF BLYTHE WITH PROFESSIONAL SERVICES AGREEMENT VERONICA TAM AND. ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement) is made and entered into as of August 13, 2024 ("Effective Date"), by and between the CITYOF BLYTHE, a municipal corporation ("City"), and VERONICA TAM AND ASSOCIATES, INC., a California corporation ("Consultant). RECITALS A. City proposes to utilize the services of Consultant as an independent contractor to provide technical assistance in connection with implementation oft the City's Housing Element, as B. Consultant represents that it has that degree of specialized expertise necessary, and holds all necessary licenses to practice and perform the services herein contemplated; and C. City and Consultant desire to contract for the spedlisemcespepaibed in Exhilgit "A"(the "Project'y and desire to setforth their rights, dutiés and liabilities in connection with the D. No_official or employee of City/has a finâncial interest, within the provisions of sedtions 1090-1092 of thé California Governmient Code,in the subject matter of this Agreement. NOW, THEREFORE, for and in, çohsideration, of the mutual covenants andis conditions more fully described herein; and services to be performed;and contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance oft this Agreement and shall advise City of any changes in any laws that may affect 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, Cityi in its discretion has the Consultant's Proposal, attached hereto as Exhibit "A" and incorporated herein. Consultant's performance of this Agreement. the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of conçern; 1 Veronica Tam and Associates, Inc. Form Revised July 2024 -151- Agreement No. 2024-041A (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Compliance with All Laws. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any oft the above-mentioned laws, which may 1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, neligien; color, nationalorigin ancestry, physical or mental disabilitys medical gondition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or vetèran status, except as permitted pursuantt to Section 129400f 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may. enter into agreements with/other consultants for servides similarto the services that are subject to this Agreement or may have its own employees perform services similar to those services 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access tot financial, accounting, statistical, and personal data of private individuals and employees ofCity. Consultant covenants that all data, documents, discussion, or otheri information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the be incurred by reason of Consultant's performance under this Agreement. theGovernment Code. cgntemplatedbyt this Agréement. and expense. termination of this Agreement. 2.0. COMPENSATION AND BILLING Fifteen Thousand Dollars ($15,000.00). 2.1. Compensation,. Consultant shall be paid in accordance with the fee schedule set forth below and as further detailed in Exhibit A. Consultant's total compensation shall not exceed 2 Veronica Tam and Associates, Inc. Form Revised July 2024 -152- Agreement No. 2024-041A Fee Schedule Position Veronica Tam Planner Hourly Rate $200 $145 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a monthly basis. Each invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invpices City shall pay Çonsultant's invoice within'thirty (30) days from the date City receives 2.4. Timely Invoicing. Gonsultant acknowledges and agrees that Consultant must submit invoices fors servicèsna later than ninety (90) days following servicesendered. Consultant expressly waives isrighttopayment: ifi Invobegyareneaubmited within ninely (90) days following 2:5 Records-and Audits. Records of Consultants senices relating to this-Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from thel Effective Date until three (3) years after termination or expiration of this Agreement. said invoice. services rendered. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional seryices to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control ofa party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for at time extension. termination of this Agreement. 3 Veronica Tam and Associates, Inc. Form Revised July 2024 -153- Agreement No. 2024-041A 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on August 12, 2025, unless previously terminated as provided 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. int the event of such termination, Consultant shalli immediately: stoprendering: services 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date ofi termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other doçuments pertainingtothe services contemplated herein whether delivered to the 4.4. Documents. Inghelevent of termination pfthis Agremematoouments prepared by Consultant in its performance. of this Agréement Mincluding, but not limited to, finished or unfinished design, development and construotion documents, data studies, drawings, maps and reports, shall be delivered to the City. within'ten (10) days of the effective date of the notice of termination at no cost to City. Any use 6f yncompleted doçuments without specifici written authorization from Consultant shall be at City's sole risk and without liability or legal expense to herein or as otherwise agreed toi in writing by the parties. under this Agreement unless directed otherwise by the City. City ori int the possession ofthe Consultant. Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in ful force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with acurrent A.M. Best's Insurance Rating of no less than A: VII, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and occurrence limit. property damage. 4 Veronica Tam and Associates, Inc. Form Revised July 2024 -154- Agreement No. 2024-041A (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars $1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each ofi its subcontractors, ifany, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before Consultant shall also comply with Section 3800 of the Labor Code by seçuring, paying for and maintaining ini fullforceand effect for the duration of this Agreement, completeWorkers' Compensation Insurance and shall furmish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsiblé for any clainis in law or equity occasioned by failure of the commencing any oft the work. corsultant to comply withtis-section. 5.2. Endorsements. The commercial general Viability insurance policy and business automobile lability polity'shali.contain. or be endorsed to contain the following provisiens; (a) Additional Insureds: "The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by (b) Notice of Cancellation: Consultant shall require its insurers to provide City with thirty (30) days' notice of cancellation (except for nonpayment, for which at ten (10) day notice is required) or nonrenewal or coverage for each (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of Blythe, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Blythe shall be excess and not contributing with the insurance provided by (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire the Consultant." required coverage. this policy. 5 Veronica Tam and Associates, Inc. Form Revised July 2024 -155- Agreement No. 2024-041A against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver ofs subrogation endorsement (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Blythe, its () Coverage Applies Separately: The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, from the insurer. officers, officials, agents, employees, and volunteers. except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. Ifany of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy ofi insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named 5.4. Certificates of Insurance. Consultant shall provide to City certificates ofinsurance showing the insurance coverages and required éndorsements described above, in a form and cortent approvedby City, prior toperforming any services under this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, including 5.5. Non-Limiting Nothing int this Section shallpe construed as limiting in any way, the indemnifiçation provisien-contained' lo this-Agreement, pr'theextent: to which Consultantmay be insured can satisfy any such deductible or self-insured retention. endorsements required by these specifications. at-any) time. held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits 6.2. Representatives- The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of1 the City, called for by this Agreement, except as otherwise shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this tot this Agreement. expressly provided int this Agreement. Consultant shall designate a representative for purposes of this Agreement who Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with 6 Veronica Tam and Associates, Inc. Form Revised July 2024 -156- Agreement No. 2024-041/ A Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such Manager shall attend and assist in all coordination meetings called by City. communication is sent through regular United States mail. IFTOCONSULTANT: Veronica Tam and Associates, Inc. 107S. Fair Oaks Avenue, Suite 212 Pasadena, CA91105 Tel: (626)304-0440 Attn: VeronicaT Tam IFTOCITY: City of Blythe 235N N. Broadway Blythe, CA92225 Tel: (760).922-6161 Attn: Mallory Grecelius 6.5. Attorneys' Fees. In the event that ftigation is brought by any party in connection with this Agreement, the prevailing party shall bé entitled to recover from the opposing party all costs and expenses, including reasonable attorheys' fpes, incurred bythe prevailing party in the exercise of any df its rights or remedies heréunder. or the enforcement pf any of the terms, 6:6 Governing'L Law. This Agreement shall be goverped by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment: shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City's choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided forh hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall ber required whenever any claim, action, complaint, or conditions, or provisions hereof. Riverside County, California. of this Agreement. 7 Veronica Tam and Associates, Inc. Form Revised July 2024 -157- Agreement No. 2024-041. A suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out oft the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, ori in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Wnemployment Compensation; and other payroll deductions or Gonsultant rand its officers, agents, and employees, and all business licenses, if any are required, in ponnection with the serviçes to be performed hereunder. Consultant shall indemnify andhold City harmless from arly and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agréement. Consultant further agrees to indemnify and hold City harmless from any fallure of Consultant to.comply with the applicable worker's compensation laws. Cityshall have the right to effset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a. result of Cpnsultant's failure to promptly payto Çity'any reimbursement.orl indemnification arising under 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee oft the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render this paragraph. which would otherwise be the responsibility of City. PERS benefits. any reasonable assistance and cooperation which City might require. 8 Veronica Tam and Associates, Inc. Form Revised July 2024 -158- Agreement No. 2024-041A 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any ofi its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated byt this Agreement or use ofi incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no 6.13. Public Records Act Disclosure. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, arany of its subcontracters, pursuant to this Agreement and provided to Gity may be subject to public disclosure as required by the California Pubic-Records Act;(California Gpvernment Code Section 7920.000 et seg.). Excèptions to public disclosure may be those documents or information that qualify as trade secrets, as that/term is defined in California Government Code Section 7924.510, and df wigich Consultant irforms City of such trade secret. The City will endeavor to maintain as confidential all informlation. obtained by itthat is designated as a trade seoret. The City shall not, inany way, be liable/or responsible fort thedisclosure of any trade secret including, withodt limitation, thoserecords so marked if disclosure is deemed to be réquired by 6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limitedto, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City's representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one ofi its officers, employees, associates or subconsultants to abstain from 6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City andi to participate in any meeting required with regard to additional cost to the City. law or by ordêr of the court, ad decision under this Agreement pursuant to a conflict of interest statute. the correction. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Form Revised July 2024 9 Veronica Tam and Associates, Inc. -159- Agreement No. 2024-041. A 6.17. Order of Precedence. Ini the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions sO incorporated by 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as 6.19. Binding Effect. This Agreement binds and benefits the parties and their respective 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this 6.21. Headings. Paragraphs:and subparagraph headings contained in this Agreement are included solely for convenience and are notlintended to modify, explain or to be a full or acourate description of the content thereof and shall. not in any way affect the meaning or 6.22. Construction: Theparties have participated jointly in the negotiation and drafting oft this Agreement and have had àn adequate opportunity to review each and every provision of the Agreement and submit the, sameto couhsel or other consultants for review and, comment. In the event an ambiguity or question of intent or interpretation arises with respect tot this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party reference, this Agreement shall govern over the document referenced. expressly provided herein. permitted successors and assigns. Agreement. interpretation oft this'Agreement: by virtue of the authorship of any oft the provisions of this Agreement. successors and assigns may amend this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy inr respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability oft the remaining terms and provisions hereof or oft the offending provision in any other circumstance. Notwithstanding: the foregoing, ifthe value oft this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, 10 Veronica Tam and Associates, Inc. Form Revised July 2024 -160- Agreement No. 2024-041A then both parties agree to substitute such provision(s) through good faith negotiations. 6.27. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law 6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this based solely oni the absence of an original signature. Agreement. INWITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as oft the date first above written. CONSULTANT Veronica CITY OF BLYTHE Mallory Crecelius Interim City Manager ATTEST: Date: DRAFT Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Form Revised. July 2024 11 Veronica Tam and Associates, Inc. -161- EXHIBIT, A CONSULTANT'S PROPOSAL DRAFT -162- VERONICA TAM AND ASSOCIATES July11,2024 Mallory Crecelius Interim City Manager City of] Blythe 235 N. Broadway Blythe, CA 92225 Dear Ms. Crecelius: Veronica Tam and Associates, Inc. (VTA) is pleased to submit this proposal to continue providing technical assistance to City staff regarding implementation of the City's Housing Element. Assistance may include the following areas: Zoning code revisions to comply with State housing laws and/or to facilitate housing development Best practices for AFFH actions Compliance with Not Net Loss Requirements Communications between City and HCD staff Orothera actions as directed by staff Services will be billed on a time-and-material basis, at $200/hour for VTA Principal Veronica Tam and $145/hour for VTA Planners. Based on our experience, we estimate a budget of $10,900 for this assistance (up to 40 hours for Veronica Tam and up to 20 hours for VTA planners) should be We appreciate the opportunity to continue assisting the City. Please let me know if you have any adequate. questions or require additional information. Regards, Th Veronica' Tam, AICP Principal Veronica Tam and. Associates, Inc. -163- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Tentative Parcel Map 39006- Palo Verde College PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATIONlisrecommended the City Council, subsequent tot thep publichearing thereon, adopt Resolution No. 2024-029 approving the Notice of] Exemption with De Minimis Impact Findings for Tentative Parcel Map 39006 and Resolution No. 2024-030 approving aRMeeXAEALTNeNECTNCL OFTHE CITYOFBLYTHE CONTAINING FINDINGSINSUPPORTOFAPROPAL OFANOTICEOFEKENTTON WITH, DE MINIMIS. IMPACTFINDING RESOLUTIONA NO. 2024-030.. Al RESOLUTION OF THE CITY COUNCIL OF THE CITYOF, BLYTHE CONTAINING FINDINGS, AND CONDITIONS. INSUPPORT OF APPROVING TENTATIVE PARCEL, MAP39006: TO ALLOWTHE DIVISION OF ONE (1) 197.27 (GROSS) ACRE PARCEL INTO TWO (2). SBPARATE PARCELS ON PROPERTY Tentative Parcel Map 39006. FOR TENTATIVE, PARCEL. MAP39006. LOCATEDATONE COLLEGE DRIVE (ASSESSOR'S PARCEL. NUMBER 821-200-020). FISCALIMPACT: None. BACKGROUND: The Cityo ofBlythe maintains a 500,000-gallon bolted: steel water reservoira at Palo Verde College. Thereservoir; provides drinking water and firei flow protection toi the college and surrounding area as part of the Mesa Ranch Water System. The: reservoir is 20+ years old and is past its useful life. Inl May 2024 al Notice of Award was provided to. AZCA Drilling and Pump toi replace the water: reservoir. Thet tank was ordered and should be delivered ati the end of The City applied for Emergency Drinking Water funding through the State ofCA to help fund the Tank Replacement Project. While finalizing the funding agreement, staff ran into an issue related toi the City'spropertyrights: for the areai that houses the City's waterinfrastructure ont the College property. The Memorandum of Understanding between the City and Palo Verde College executed in 1999 states the College will Quitclaim the College Water System to the City tol become part ofthe City's Water System. Iti further states the College will provide ai fees simple titlet toj property on the college campus that will house the College Water System as well as the appropriate easements sO the City cani maintain thes system. Recorded documents obtained show an easement is in place for the water main, but there are no property rights for the City. It appears that the actions taken in 1999 were never recorded or completed. City staff then asked the College ifthey would be amendablet to finalize the actions that should] have occurredi in 1999. The City asked that the College provide adequate access rights to allow the city to maintain our water system. The City asked The Holt Group to prepare an updated Legal Description for the August. Water Tank Easement. -164- College Counsel recommended that the College not proceed withi the easement as they preferred tol have a "clean" title, and thus recommended a Parcel Map as an alternate solution to address the property rights issue. Ast the City didi notl believe al Parcel Map was necessary to provide the property rights agreed to in 1999, the College agreed toj pay for the work to prepare the Parcel The' Tentative Parcel Map, as presented, will subdivide the 197.27-acre parcel into two separate parcels. Parcel No. 1 will house the College and Parcel No. 2 will house the City's water infrastructure. Each parcel will then havei its own designated. APN.Asofnow, the entire parcel is STAFF REPORT:Thel Palo Verde Community College District requests approval to allow the dvisomofome(D197274 acrej parcel into two (2) separate parcels. Thej project sitei is located at One College Drive and is legally described as Assessor's Parcel Number 821-200-020. Proposed Parcel No. 1is 195.40L acres in size and Proposed Parcel No. 2is 1.87 acres in size. Proposed Parcel No. 11 has access from an improved dedicated right-of-way. Parcel No. 2 has access through a dedicated easement. No variances or exceptions are required for this Parcel This sitel has al Maiegu-paiceoDaag designation. The existing zoning designation has no minimum or maximum requirements for lot area, width and depth. As such, the Parcel Map is consistent with existing zoning regulations. Surrounding land uses include residential Environmental Review: Thej project is categorically exempt from the California Environmental QualityAct(CEQA) pursuant to Guidelines Section 15315-1 Minorl Land Divisions, and a Notice Map. under one. Accessors' Parcel Number. Map. uses, Ag lands and vacant property. of] Exemption with Del Minimis Impact Finding will be filed. Findings: A. That the proposed Tentative Parcel Map is consistent with the City of] Blythe General Plan: The Tentative. Parcel Map allows forj parcel sizes that meet thei requirements ofthe Public/Quasi-puDic. zoning designation andi therefore the City's General Plan. Outside of the City's Bolted Steel Water Reservoir Replacement Project, there are no proposed development plans for this site. B. That the proposed Tentative Parcel Map is consistent with the requirements of the Zoning Ordinance: The' Tentative Parcel Map as proposed meets thei requirements ofthe City's Zoning Code. C. That the: sitei is physically suitable for the land division as proposed: The sitei is presently zoned for public use, with the College and City's water system presently operating on site. The site is suitable fort thisl land division asi it will createi two autonomous: parcels for use by the City and College. D. That the designs ofthej project willl haver noi impact on environmental resources: including fish and wildlife: This division ofland willl have no impact on the environment. Future development plans willl bei reviewed, and environmental review performed to determine and/or mitigate any potential environmental impacts. Environmental studies were previously prepared fort the City's Bolted Steel Water Reservoir Replacement. Project on Proposed Parcel No. 2. E. That the project is exempt under State CEQA Guideline Section 15315 - Minor Land -165- Division. City ofBlythe. ATTACHMENTS: 1. 2. 3. 4. F. The environmental analysis/detemination reflects the independent judgment of the Resolution No. 2024-029 w/ Exhibit' "A" Draft Notice ofDetermination Resolution No. 2024-030 w/ Exhibit' "A" Draft Notice ofExemption with Del Minimis Impact Finding -166- RESOLUTION NO. 2024-029 AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A. NOTICE OF EXEMPTION WITH DE MINIMIS IMPACT FINDING FOR TENTATIVE PARCEL MAP: 39006 WHEREAS: The City Council of the City of Blythe at its regularly scheduled meeting of August 13, 2024 conducted a public hearing to consider Tentative Parcel Map 39006 being a request to subdivide one (1) 197.27 acre parcel into two (2) individual parcels. Proposed Parcel No. 1 is 195.40L acres in size and Proposed Parcel No. 2 is 1.87t acres in size. The site is located at One College Drive in Blythe and is more specifically described as Assessor's Parcel Number 821-200-020. The Zoning and General Plan designation of the site is P/Q-P (Public/ Quasi-Public); and, WHEREAS: The City Council considered the following findings in its review of the 1. That the project is exempt under State CEQA Guideline Section 15315 - Minor environmental circumstance for this project: Land Divisions. 2. 3. That a Notice of Exemption with No Impact Finding, in accordance with the California Environmental Quality Act, was prepared for the project. That review of the environmental circumstances regarding this project indicates that no adverse impacts would accrue to wildlife resources from implementation oft the project. 4. That the project may proceed subsequent to approval and/or conditional approval by the State ofa "de minimis impact" pursuant to Section 711.2 et seq. ofthe Fish That the environmental assessment and analysis prepared for this project reflect and Game Code. 5. the independent judgment ofthe City of] Blythe. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Blythe does hereby approve the Notice of Exemption with De Minimis Impact Finding prepared for Tentative Parcel Map 39006 for the 197.27+ (gross) acre site shown on Exhibit "A" attached hereto and incorporated herein by this reference. PASSED, APPROVED, and ADOPTED this 13th day of August 2024, by the following called vote, to wit: AYES: NOES: ABSENT: ABSTAIN: -167- Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -168- EHILA78, O'AS AGISHEATE: OA AIN/a5 EEie -169- NOTICE OF DETERMINATION TO: Office of] Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City ofl Blythe 235 North Broadway Blythe CA 92225 (760)922-6161 Riverside County Clerk PO Box 751 Riverside CA 92502-0751 Palo Verde Community College Dist. One College Drive Blythe, CA92225 (760)921-5524 PROJECT APPLICANT: SUBJECT: Notice ofDetermination: in compliance with Section 21108 or 21152 oft thel Public Resources Code. PROJECTTITLE: Tentative Parcel Map 39006 STATE CLEARINGHOUSE NUMBER: N/A CONTACTPERSON/PHONE: Mallory Crecelius, Interim City Manager (760)922-6161 PROJECTLOCATION: One College Drive, Assessor's Parcel Number 821-200-020. PROJECT DESCRIPTION: The. Applicant isi requesting approval toa allow the division of one (1)197.27 acre parcel into two (2) separate parcels. The project site is located at One College Drive and is legally described as Assessor's Parcel Number 821-200-020. Proposed Parcel No. 1 is 195.40 acres in size and Proposed Parcel No. 2 is 1.87 acres in size. Each parcel has access from a dedicated right-of-way or easement with no variances or exceptions required. The Zoning and General Plan designation ofthes sitei is Thisi is to advise the City ofBlythe (Lead. Agency/Responsiple Agency) has approved the above described project PQPCNbiQusihalo, and has made the following determination: regarding the above-described project: 1. 2. Thej project C.E.Q.A. will, X will not, have a significant effect on the environment. An Environmental Impact Report was prepared for this project pursuant to the provisions of X A Notice of Exemption was] prepared for this project pursuant to the provisions ofC.E.Q.A. Mitigation measures were,. X were. not, made a condition of1 the approval ofthe project. 3. 4. As statement of Overriding Considerations was,. X was: not, adopted for this project. This is to certify that the Notice of Exemption and record of project approval is available to the general public at: Blythe Development Services Department. 235 North Broadway, Blythe. California. Mallory Crecelius, Interim City Manager Date: -170- NOTICE OF EXEMPTION Del Minimis Impact Finding With TO: Office ofPlanning and Research PO Box 3044, Room 222 Sacramento, CA 95812-3044 County Clerk County of] Riverside POI Box 751 Riverside CA 92502-0751 Project Title: Project Location: Project City: Project County: FROM: City ofl Blythe 235 North Broadway Blythe CA 92225 Tentative Parcel Map 39006 One College Drive, Blythe, CA 92225 (Assessor's Parcel Number 821-200-020) City ofE Blythe County ofRiverside Project Description: A Tentative Parcel Map to allow the division ofone (1) 197.27 acre parcel into two (2) separate parcels. Name ofPublic Agency Approving Project: City ofl Blythe Approved by City Council August 13, 2024 Name ofl Person/Agency Carrying Out Project: Palo Verde Community College District One College Drive Blythe, CA 92225 (760).921-5524 Exempt Status: (check one) Ministerial (Sec. 21080(b)(1): 15268 Declared Emergency (Sec. 21080(b)(3): 15269(a)): Emergency Project (Sec. 21080(b)(4); 15269(b)(c)): X Categorical Exemption: Class 15. - Section 15315 Statutory Exemption: Reason(s) why project is exempt: The project consists of the subdivision of one Public/Quasi- public zoned property into two individual parcels. The project is consistent with the General Plan and zoning designations of the site as well as urbanized land uses in the area. Each parcel has access from a dedicated right-of-way or easement and no variances or exceptions are required. The project satisfies all: requirements as outlined in Section 15315 oft the Guidelines. Lead Agency Signature: Date: Telephone Agency Telephone No. (760)922-6161 -171- RESOLUTION NO. 2024-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA CONTAINING FINDINGS. ANDCONDITIONSINSUPPORT OF APPROVING TENTATIVE PARCEL MAP 39006 TO ALLOW THE DIVISION OF ONE (1) 197.27 (GROSS) ACRE PARCEL INTO TWO (2) SEPARATE PARCELS ON PROPERTY LOCATED AT ONE COLLEGE DRIVE (ASSESSOR'S PARCEL NUMBER 821-200-020) WHEREAS: The City Council oft the City ofl Blythe at its regularly scheduled meeting of August 13, 2024 conducted aj public hearing to consider approval ofTentative Parcel Map 39006 being ai request to allow the division ofone (1)197.27+ acrej parcel into two (2)individual parcels. Proposed Parcel No. 1i is 195.40 acres in size and Proposed Parcel No. 2 is 1.87 acres in size. Proposed Parcel No. 1 has access from a dedicated right-of-way. Proposed Parcel No. 21 has access via a dedicated easement. The Zoning and General Plan designation of the site is P/Q-P Public/Qasi-Publio) and thej propertyi is legally described as. Assessor's Parcel Number 821-200- 020; and, WHEREAS: The City Council received testimony from all interested pariesrelativetosaid WHEREAS: The City Council made the following findings relative to this project: 1. That the proposed Tentative Parcel Map is consistent with the City of Blythe General 2. That the proposed Tentative Parcel Map is consistent with the requirements of the 4. That the designs ofthej project willl havenoi impact on environmental resourcesi including 5. That the project is exempt under State CEQA Guideline Section 15315 - Minor Land 6. The environmental nalysis.detemination reflects the independent judgment oft the NOW, THEREFORE, BE IT RESOLVED: That the Blythe City Council does hereby approve' Tentative Parcel Map 39006: shown on Exhibit"Alatached heretoandi incorporated herein PASSED, APPROVED, and ADOPTED this 13th day of. January 2024, by the following called Tentative Parcel Map; and, Plan. Zoning Ordinance. fish and wildlife. Division. City of] Blythe. 3. That the sitei is physically suitable for the land division as proposed. by this reference. vote, to wit: AYES: NOES: ABSENT: ABSTAIN: -172- Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -173- - EHI478-07110 IGISHBATB 01 AINIOS a A -174- CONTINUED BUSINESS -175- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Save Chuck PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Iti is recommended Council receive and file ai report on Save Chuck. FISCALIMPACT: Impacts tot the CityofBlythe: from the closureorChuckawala Valley State BACKGROUND: Inl December 2022, the Secretary ofthe California Department ofCorrections and Rehabilitation (CDCR) announced plans to close Chuckawalla Valley State. Prisoni inl Blythe by March 2025. The City quickly sprang into action toi rally against this closure. The City began contacting State and Federal legislators and held meetings with elected officials, the CDCR Secretary, CVSP Close Down Manager and other CDCR staff members. The City submitted over 40 Public Records requests to the State seeking information related to how CVSP was selected for closure over other older and more costlier prisons ini the State's system. Several of The City also went to work on solutions and proposed a swap of CVSP in Blythe for the California Rehabilitation Center (CRC) in Norco. Thisis a win-win for the Cities and State asa more cost-effective prison will be shuttered in a City that has far more resources to absorb job losses than Blythe. The City ofNorcol has petitioned for the closure ofCRC for years. CRChas been on the State's chopping block since 2012. The State'sown! Legislative Analyst'si report as well as other independent reports find that CRC should bei the: next CDCR institution to close In. January 2023, the Cityl hired' Tripeppi Smith for PR Services and the Gonsalves & Son Firm for lobbying efforts in the State Capitol. The City has gamered support from Assemblyman Garcia, State Senators Steve Padilla and Kelly Seyarto, The Riverside County Board of Supervisors, CVAG, fellow Cities inl Riverside County, Riverside, San Bernardino and Orange County Sheriff's, the Riverside County District Attorney, PVID, Cal Cities, Crime Victims Inl May, as part of the Governor's May Revise Budget, the City learned that the closure of Chuckawalla Valley State prison had been expedited. CVSP: is1 now set to close in November of STAFF REPORT: Staff will provide an oral report on the effort to "Save Chuck". Prison include ai revenue decline of$2.9 million. the City'sr requests fori information were denied. due to a number ofissues including cost to operate and safety. United, Crime Survivors, and others. 2024, not March of2025 as originally indicated. ATTACHMENTS: None -176- NEW BUSINESS -177- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETINGDATE: August 13, 2024 SUBJECT: Ordinance Establishing Regulations for Shopping Cart Containment PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Itis recommended that the City Council introduce Ordinance No. 931- ORDINANCE NO. 931-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF BLYTHE, CALIFORNLA, ADDING. A NEW CHAPTER 9.98 (SHOPPING CARTS) TO. ARTICLE IX MISCELLANEOUS OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENTAND. FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL, REVIEW UNDER THE CALIFORNLA ENVIRONMENTAL QUALITYACTICEQW- PURSUANTTO CEQA GUIDELINES, SECTION. 15061(B)(3) 24: (COMMONSENSE. EXEMPTION) FISCAL IMPACT: None. BACKGROUND: Over the last few years, the City has worked hard to implement initiatives to improve the cleanliness and attractiveness ofthe City. In2019, the City Council increased the: fines and penalties for illegal dumping. In 2022, the City Council adopted more stringent measures to address nuisances and adopted new procedures for nuisance abatement. The City also included building abatement funding to address thei removal ofblighted structures in the City. The City has since removed three blighted structures from the community and- worked with several property owners to remove additional structures. The FY 2023/24 budget included funding to hire an additional Code Compliance Officer to address the 500+ open Code Compliance case. As ofJuly 31, 2024, the number of open and active Code cases was down to 385. This includes new cases that are opened each month, along with the cases that have been closed for compliance. The City hired a graffiti technician who works 201 hours a week to abate graffiti around the City. The City continues to host annual community clean up events with thel help of CR&R and the Chamber of commerce. In 2023, the City partnered with thel Urban Conservation Corp to add two tire collection events. The Urban Conservation Crop removed 900+ tires from the community, at no cost to residents. These efforts, along with the efforts of private groups and organizations to clean up trash and debris from the City have greatly improved the visual appearance of the City. Wei recognize there: is still work tol be done, and city staff continues to look for new tools to assist the City in its efforts to improve the cleanliness and visual appearance oft the City. STAFF REPORT: The littering of shopping carts has become a nuisance in the City. Shopping carts are: removed from stores, used to transport goods and then abandoned in City rights-of-way and on private property. In these situations, the responsible party is not collecting the shopping -178- carts, and theyl havel become al blight on the City. Over the years city staffhave spent a considerable amount of time and resources on the collection of these carts and their associated debris from around the City. This takes City staff's time and resources away from addressing city issues. The owners oft the shopping carts should be the responsible party, and required to maintain their carts The attached Ordinance was prepared to address issues related to abandoned shopping carts. The Ordinance requires owners who provide five (5) or more shopping carts for public use to affix identifying information to their carts. This enables notification to be made if/when a cart is abandoned. Abandoned carts that do not havei identifiers will bei removed and disposed of. Owners are required to implement shopping cart containment measures and/or have an agreement with a Not all stores/owners are contributing to the problem. With the creation of this Ordinance, staff did not want to add work or expenses to those owners already in compliance. As such, the Ordinance authorizes the City Manager to waive the requirement that an owner submit a shopping cart containment plan if the owner has demonstrated to the City that they have an effective cart After the shopping cart containment plans are in place, and a shopping cart is abandoned, the City will provide notice to the owner with two days to retrieve the cart. If after two days the cart has not been collected, the cost to the City for its retrieval will bel borne by the shopping cart owner. The Ordinance also makes it unlawful for any person to remove a marked shopping cart from a premise or to be in possession of a marked shopping cart that has been removed from aj premise without the owner's consent. This will assist staff in the issues surrounding the homeless and Ifadopted, all store owners with 5+ shopping carts will bei notified of these changes and provided with 90 days to gain compliance with the shopping cart regulations or apply for a waiver. To preserve the. cleanliness and attractiveness of the City's streets and public spaçes, it is on site, or collect them when abandoned around the City. shopping cart retrieval service to retrieve abandoned carts. containment system. shopping cart collection and use. recommended that the City Council introduce Ordinance No. 931-24.. ATTACHMENTS: 1. Ordinance No. 931-24 -179- ORDINANCE NO. 931-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.98 (SHOPPING CARTS) TO ARTICLE IX MISCELLANEOUS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) The City Council oft the City of Blythe hereby finds and declares as follows: WHEREAS, shopping carts are routinely abandoned on public property, including WHEREAS, the presence of abandoned shopping carts on public property is a public nuisance that contributes to a decline in the quality of life for residents of and parks, streets and rights-of-way within the City of Blythe (City); and visitors to the City; and WHEREAS, abandoned shopping carts obstruct pedestrian and disabled access, WHEREAS, the City Council desires to implement regulations to require adequate containment measures by shopping cart owners and to make it unlawful to remove a interfere with vehicular traffic, and impede emergency services; and shopping cart from a premises; and WHEREAS, it is the intent of the City Council that these regulations shall not be enforced or interpreted in a manner that expressly conflicts with the provisions of Article 1of Chapter 19 of Division 8 of the California Business and Professions Code (Sections 22435-22435.8); and occurred. WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct. ORDAIN AS FOLLOWS: Ordinance No. 931-24 Page 1of8 8 -180- SECTION 2. Amendment to Title 9. Article IX (Miscellaneous) of Title 9 (Public Peace, Morals and Welfare) of the Blythe Municipal Code is hereby amended to add a new Chapter 9.98 to read as follows: Chapter 9.98 - SHOPPING CARTS 9.98.010 - Title. This chapter shall be known as the Shopping Cart Ordinance. 9.98.020 - Purpose and intent. The purpose of this chapter is to promote the public health, safety, and general welfare oft the community by requiring owners to contain shopping carts on their premises and to make it unlawful for a person to remove a shopping cart from a premises. 9.98.030 - Definitions. The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a A. "Abandoned shopping cart" means any shopping cart that has been removed, without written consent of the owner, from the owner's premises and is left unattended or discarded on either public or private property other than the different meaning: premises from which the shopping cart was removed. B. "City" means the City of Blythe. C." "City manager" means the city manager or designee. D. "Marked shopping cart" means a shopping cart to which ownership and other required information has been affixed as required by this chapter. E. "Notification" means and incudes verbal notice given to an owner and/or an owner's retrieval service and/orwritten notice delivered to the address of an owner F." "Owner(s)" means any person, entity, firm, business, corporation, partnership, company, or similar entity who, in connection with the conduct ofal business, owns, leases, possesses, uses, or otherwise makes five (5) or more shopping carts available for customer or public use within the boundaries of the business' premises. Owner also includes the owner's onsite or designated agent. or retrieval service. Ordinance No. 931-24 Page 2 of8 -181- G. "Person" means any natural person, business, corporation, or event organizer or promoter; public, nonprofit, or private entity, agency, or institution; or partnership, H. Premises" means the entire area owned, maintained, used or managed by the owner, including the building, parking lot, walkways, or other property for customer I. "Shopping cart" means a non-motorized basket mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of association or other organization or group, however organized. use or parking. transporting goods of any kind. 9.98.040 - Unauthorized removal prohibited. Itis unlawful for any person, either temporarily or permanently, to remove a marked shopping cart from a premises or be in possession of a marked shopping cart that has been removed from a premises without the written consent of the owner. This section does not apply to shopping carts removed, as authorized by the owner, for purposes of repair, maintenance, or disposal. 9.98.050 - Abandonment prohibited. Iti is unlawful and a public nuisance for any shopping cart owner to allow one or more of the owner's shopping carts to be abandoned or remain unattended on any private property (except the premises oft the shopping cart owner), or any city street, right-of-way, alley, sidewalk, facility, park, open space or other public property for any period of time, and/or fail to recover, retrieve and/or remove a shopping cart or carts therefrom within two (2) business days following notification by the city manager to the owner and/or their retrieval service of the location of the shopping cart. 9.98.060 - Shopping cart identification required. A. Each owner must permanently affix to each shopping cart a sign that contains all of the following information: 1. Identity of the owner, or owner's business establishment, or both; 2. The address of the owner of the business establishment for shopping cart return and a phone number at which a person may contact the ownerto retrieve 3. Notification to the public that the removal of the shopping cart from the B. Any abandoned shopping cart that does not have the information required by this section may be removed and disposed of by the city in accordance with state law. the shopping cart; and premises is a violation of state and local law. Ordinance No. 931-24 Page 3 of8 -182- C. No owner shall provide any shopping cart for customer use that does not contain the signage required by this section. 9.98.070 - Premises signage required. Each owner shall place and maintain signs on the premises, at all customer store entrances and exits and in the parking lot area, warning customers that removal of shopping carts from the premises is prohibited by state and local law. Any and all posting of signs shall comply with the provisions of this code, except that the number and placement of such signs may be in excess of those limits found in Title 17 of this code. 9.98.080 - Required physical shopping cart containment measures or shopping cart All owners are required to implement physical shopping cart containment measures and/or enter into an agreement with a shopping cart retrieval service consistent with the A. Physical shopping cart containment measures must include at least one (1)oft the retrieval services. following provisions. following: 1. Physical disabling devices on all shopping carts; 2. Deposit requirement for use of shopping carts; 3. Use of a security guard or security service to prevent removal of shopping carts 4. Installation of bollards, chains, or other physical barriers to prevent removal of 5. Any combination of the above measures as necessary to effectively prevent B. Shopping cart retrieval service agreements must meet the following requirements: 1. Each owner that elects to secure a shopping cart retrieval service agreement must continuously maintain an agreement with a shopping cart retrieval service to search for, locate, and return shopping carts removed from the premises. 2. Shopping cart retrieval service agreements must require that shopping carts located off premises, regardless of distance, jurisdictional boundary, or reporting party, will be located and returned no later thani two (2) business days from the premises; shopping carts from the premises; or the removal of shopping carts from the premises. Self-service cart retrieval is not an allowable option. after the owner or retrieval service has been notified. Ordinance No. 931-24 Page 4 of 8 -183- 9.98.090 - Shopping cart security after hours. Any owner must lock or otherwise effectively secure all shopping carts during hours when the business establishment is not open for business. 9.98.100 - Shopping cart containment plan. A. Each owner shall prepare, submit, and implement a shopping cart containment plan, to the satisfaction of the city manager, in accordance with the timelines set forth in this section. The shopping cart containment plan shall include: 1. Identification of the owner, including the name, address, and phone number of the business establishment and the owner. 2. The total number of shopping carts maintained on the premises. including a description of the location of sign placement. 3. A description of required ownership identification and removal warning signs, 4. A description of the physical cart containment measure(s), consistent with Section 9.98.080 of this chapter, or shopping cart retrieval service agreement information including the name of the service provider and all direct contact information including contact name, address, phone number, and e-mail address. Provided that all required information is included, a copy of the current and fully executed service agreement may be submitted to fulfill this 5. Verification that shopping carts are locked or otherwise secured during hours B. Owners shall submit their shopping cart containment plans in accordance with the 1. Existing owners shall submit their shopping cart containment plans within sixty 2. Ifan owner begins conducting business within the city, the owner shall submit their shopping cart containment plan within sixty (60) days of opening their 3. Ifan existing business changes ownership, the new owner shall notify the city manager of such change and submit a shopping cart containment plan within requirement. when the business establishment is not open for business. following timelines: (60) days of the effective date of this chapter. business to the public. sixty (60) days of such change. C. The city manager may waive the requirement that an owner submit a shopping cart containment plan if the owner establishes, to the satisfaction of the city Ordinance No. 931-24 Page 5of8 8 -184- manager, that the owner maintains an effective cart containment system. For purposes of this subsection, "effective cart containment system" means a system that results in no more than five (5) shopping carts being removed without the owner's consent from the premises within any six-month period. There is a rebuttable presumption that a shopping cart found off the premises was removed from the premises without the owner's consent. The city manager may revoke any waiver if the owner fails to maintain an effective cart containment system as described herein. If the city manager revokes a waiver provided pursuant this subsection, the owner shall submit a shopping cart containment plan that meets the requirements of this section within thirty (30) days of such revocation. D.E Each owner that has submitted a shopping cart containment plan as required by this section shall annually certify that all information provided in the shopping cart containment plan is accurate and true. Owners shall provide updated information to the city as needed to ensure their shopping cart containment plans contain accurate and current information. 9.98.110- City retrieval of abandoned shopping carts. A. The city may retrieve an abandoned shopping cart from public property, or private property with the consent of the owner thereof, in any of the following 1. When a shopping cart is abandoned in a location ori in such a manner that may 2. When a shopping cart is abandoned in a location or in such a manner that 3. When the city has notified the shopping cart owner and/or the owner's retrieval service of an abandoned shopping cart, and the cart has not been retrieved circumstances: impede the provision of emergency services. creates a hazard to the public health, safety and/or welfare. within two (2) business days. 4. When permitted by law. B. Shopping cart owners shall be responsible for all costs associated with retrieval by the city of an abandoned shopping cart recovered pursuant to the circumstances C. The city shall comply with all requirements set forth in California Business and Professions Code section 22435.7 relating to storage and disposition of shopping set forth in subsection A of this section. carts when it impounds any shopping cart. Ordinance No. 931-24 Page 6 of8 -185- 9.98.120 - Enforcement. A. Any violation of this chapter is a misdemeanor and may also be enforced by administrative citation pursuant to Chapter 1.26 of this code. B. Each violation of this chapter shall be considered a separate offense. C. The remedies and penalties provided in this chapter are cumulative and not exclusive and nothing in shall preclude the city from pursuing any other remedy at law or in equity, including, but not limited to those set forth in Chapter 1.24 of this code and in California Business and Professions Code sections 22435-22435.8. 9.98.130- No conflict with state or federal law. Nothing in this chapter is intended or shall be interpreted as conflicting with any federal or state law or regulation. SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 5. Severability. Ifany section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. its final passage. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after SECTION7.Certifcation. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Ordinance No. 931-24 Page 7of8 -186- PASSED, APPROVED AND ADOPTED this day of 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 931-24 Page 80 of8 -187- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Response to 2023-2024 Grand. Jury Report entitled:"NARCARCANSAVING LIVES IN RIVERSIDE COUNTY" PRESENTED BY: Garth V. Dale, ChiefofPolice PREPARED BY: Garth V, Dale, ChiefofPolice RECOMMENDATION: It is recommended council approve the response to the 2023-2034 Grand. Jury Report entitled: Narcan saving livesi in] Riverside County" in substantially the: form as attached and in such final form as approved by the Interim City Manager and authorize the Mayor to execute the response, and direct staff to submit the response as required. FISCAL IMPACT: None. BACKGROUND: The. Riverside County Civil Grand Juryis the: self-described "wtchdog" for the cities and county government agencies within Riverside County. As such, the Grand. Jury is known to prepare reports on various topics. These reports typically include findings and recommendations and the agencies involved arei required by statutet to: respond withini ninety (90) STAFFI REPORT: On. June 11,2024, thel Riverside County Civil Grand Jury issued ai report to the City of Blythe. The report was made public at the close ofbusiness on June 14, 2024. The report included three findings and one recommendation regarding creating a comprehensive method to collect pertinent Narcan data on a monthly basis from all emergency responders and/or medical providers. The recommendation suggests data should include the number of incidents, dosages by incidents, number of lives saved, and number of fatalities. The draft responsei includes statements that the City either agrees or wholly or partially disagrees with each finding and details any actions taken or that may bei taken to implement the recommendations days from issuance. outlined by the Civil Grand Jury. ATTACHMENTS: 1. Draft City Response to thel Riverside County Grand Jury 2. 2023-2024 Grand Jury report -188- CITY OF BLYTHE 235 North Broadway o Blythe, California 92225 Phone (760)922-6161 . Fax (760)922-4938 Blythe EHEL August 13,2024 The Honorable Judith C. Clark, Presiding Judge Superior Court of California, County ofRiverside 4050 Main Street Riverside, CA 92501 Riverside County Grand Jury P.O. Box 829 Riverside, CA 92502 Riverside County Clerk-Recorder 2720 Gateway Drive Riverside, CA 92507 Re: City of Blythe Response to the 2023-2024 Grand Jury Report Entitled: "YOU NARCAN SAVE: LIVES: NARCAN SAVING LIVES IN RIVERSIDE COUNTY" Dear Judge Clark: The City Council of the City of Blythe is in receipt oft the 2023-2024 Grand Jury Report entitled "YOU NARCAN SAVE LIVES: NARCAN SAVING LIVES IN RIVERSIDE COUNTY" provided toi the City Council on June 11, 2024 and released to thej public after the close ofbusiness In accordance with California Penal Code Sections 933 and 933.05, enclosed is the Mayor's and the City Council's response to each of the findings and: recommendations included in the Report. The City of Blythe appreciates the opportunity to comment on the findings and recommendations on. June 14, 2024. The City Council approved the enclosed response on August 13, 2024. ofthe Grand Jury. Sincerely, Joseph Deconinck, Mayor CC: Johnny Rodriguez, Vice Mayor Joseph Halby, Council Member Samuel Burton, Council Member -189- City of] Blythe's Responses to Riverside County Grand Jury's Findings and Recommendations Grand Jury Findings: F1: The statistical data provided by EMS on Narcan usage for 2021, 2022 and 2023 indicates a declining percentage of on-scene fatalities. City's Response: The City agrees with this finding. F2: The availability of Narcan has assisted law enforcement and the public to assist suspected opioid overdoses and to have a better chance ofsurvival. City's Response: The City agrees with this finding. F3: There is a lack of guidance regarding what data should be tracked by law enforcement and other first responders when administering Narcan. City's Response: The City agrees with this finding. Grand Jury Recommendations: R1: A comprehensive method should be created to collect pertinent Narcan data on a monthly basis from all emergency responders and/or medical providers. This data should include the number of incidents, dosages by incidents, number of lives saved, City's Response: Therecommendation has been implemented. In 2021, the City ofE Blythe Police Department implemented thel Records Information Management System (RIMS) for police and fire dispatch. In March 2024, once the Blythe Police Department was made aware of the Grand Jury's concerns about data collection, the Blythe Police Department implemented a policy on Narcan use. The policy requires documentation in RIMS regarding the use ofl Narcan, the outcome of the call for service and amount of contraband seized. Regarding fatalities, once the Riverside County Coroner's report, which will list the cause of death, is provided to the Blythe Police Department, the information will be added to the RIMS case file. This information can be extracted from RIMS and sent to the County of Riverside digitally. This will allow the County of Riverside to track Narcan and number ofi fatalities. usage countywide. Conclusion Again, the City ofBlythe appreciates the opportunity to submit ai response tot the Grand. Jury Report entitled "Narcan - Saving Lives in Riverside County". Thank you for recognizing how first responders in Riverside County, including the Blythe Police Department, are fighting the opioid epidemic with the use ofl Narcan. We look forward to working with Riverside County Emergency Medical Services and other law enforcement agencies to track this life saving data countywide. -190- RIVERSIDE COUNTY CIVIL GRAND JURY 2023-2024 REPORT YOU NARCAN SAVE LIVES NARCAN SAVINGLIVES IN RIVERSIDE COUNTY 1 -191- NARCAN-SAVING LIVES IN RIVERSIDE COUNTY SUMMARY This is an informational report on how Riverside County and first responders are fighting Opioid use is a huge public health issue. As a result of the increased availability of Narcan (generic version, naloxone hydrochloride), medical response personnel have been able to California's Governor announced that first responders, universities, and other qualifying organizations will be provided Narcan at no cost through CalRx's Naloxone Access Narcan is a safe, effective, and non-addictive antidote that induces a rapid onset of action to counter the effects of an opioid overdose. It can be easily administered by anyone via nasal the opioid epidemic with the use ofNarcan. reduce the number of fatalities resulting from opioid overdoses. Initiative.2 spray or injection. BACKGROUND Opioids include illegal and legal substances such as heroin, oxycodone, hydrocodone, codeine, morphine, fentanyl, and others. In Riverside County, opioid-related deaths increased 10% for the years 2011-2015. The current data in Table 1, provided by the Riverside County Emergency Medical Services (EMS), identifies the Opioid Overdose Metrics from 2020-2023, by age group, gender, and cities in Riverside County.4 DISCUSSION All 50: states and thel District ofColumbia have enacted laws related to the use ofNarcan for the treatment of opioid overdoses. Once Narcan has been administered, they are then transported to a medical facility for observation and further treatment (unless the refuses). Opioid overdose can result in death from cessation of breathing and can be prevented through the administration of Narcan, a quick-acting opioid antagonist." According to the Federal Drug Administration, the shelf life ofNarcan is 3 to 4 years.6 In dealing with an overdose, seconds matter. fadministered in a timely manner, Narcan can reverse an overdose by blocking the effects of opioids. It can restore normal breathing in a person 2 -192- person whose breathing has diminished, or even stopped, and can reduce the risk of death. More than one dose ofNarcan may be required when stronger opioids are involved. Thej public can administer Narcan before first responders arrive on the scene. and potentially save a life. Based on data received from EMS', a review of cities within Riverside County, indicated that all respective police departments are diligent and proactive in administering Narcan when responding to an opioid overdose (see Table 1). These statistics show the number of positive and negative responses, The collecting and tracking of doses Riverside County Sheriff's Office (RSO)does not record lives saved or lost and only focuses on the doses administered per incident.8 RSO appears to be diligent and proactive in Some agencies had no data, while others had detailed data. The inconsistencies ofhow data is collected is caused by two factors: a lack of current mandates required for documentation and al lack ofunderstanding of what information is pertinent to track. (See administered is inconsistent. administering Narcan. Table2) FINDINGS F1: The statistical data provided by the EMS on Narcan usage for 2021, ,2022, and 2023 F2: The availability ofl Narcan has assisted law enforcement and the public to assist suspected opioid overdoses and to have al better chance of survival. F3: There is al lack of guidance regarding what data should be tracked by law enforcement and other first responders when administering Narcan. indicates a declining percentage of on-scene fatalities. RECOMMENDATION R1: A comprehensive method should be created to collect pertinent Narcan data on a monthly basis from all emergency responders and/or medical providers. This data should include the number ofincidents, dosages by incidents, number of lives saved, and number ofi fatalities. 3 -193- REQUIRED RESPONSES Riverside County Board of Supervisors Findings: F1,F2,F F3 Recommendation: R1 Riverside County Sheriff's Office Findings: F1, ,F2,F3 Recommendation: R1 Findings: F1, F2,1 F3 Recommendation: R1 Findings: F1, F2,F3 Recommendation: R1 City ofPalm Springs City ofB Blythe City ofIndio Findings: F1,1 F2, F3 Recommendation: R1 Findings: F1,F2, F3 Recommendation: R1 Findings: F1,F2,F3 Recommendation: R1 City of Banning City of] Beaumont City of Corona Findings: F1,F2,F3 Recommendation: R1 4 -194- City ofMurrieta Findings: F1,F2,F3 Recommendation: R1 Findings: F1,F2,F3 Recommendation: R1 City of] Hemet City ofMenifee Findings: F1,F2,F3 Recommendation: R1 Findings: F1,F2,F3 Recommendation: R1 City ofRiverside INVITED RESPONSES Riverside County Emergency Management Office (EMS) Findings: - F1,F2,F3 Recommendations: R1 SOURCES/REREFERENCES 1. Life-Saving Naloxone from Pharmacies. (2019). Centers for Disease Control and Prevention. phadsswinlaesimanbsosmiszan 2. LA Times Article, Monday 4-29-24- Staff writer Summer Lin 3. FDA shelf life. www.fda.gov 01-17-24 4. Overdose and Opioid deaths in Riverside County, CA-Riverside University Health System-Public Health tp/wwwmhalhohtNIEAVAaopoiolEkpdr 5. Life-Saving Naloxone from Pharmacies. (2019). Centers for Disease Control and Prevention. hacdcdtneanabomcmdn.n 6. FDA shelf life. www.fda.gov 01-17-24 7. MSntosnosncemsats 8. Overdose and Opioid deaths in Riverside County, CA-Riverside University Health System-Public Health htp.oanhealharhtsinns/nar 5 -195- TABLE 1(EMS GRAPHS) Grand Jury Request for Riverside County EMS Agency Opioid Overdose Metrics 2020-2023 NOTE: Metrics provided for they years available. Some metrics may have only been developed: since: 2022. Also note, datai is based on documentation only. Most EMS care is thoroughly documented; however, documentation errors/omissions do occur. Therefore, some metrics may reflect documentation errors/omissions. andi not actual patient care. Finelly, fatality and' "dead on-scene"relers only to patients pronounced deadi ini the field by EMS personnel in accordance with Riverside County EMS Policy4108 (REMSAJ Policy4108). This does not account: for patients pronounced dead at the hospital or other personnel. Total EMS Documented Opioid Overdoses & On-Scene Fatalities by Year EMS Documented Opioid Overdose NumberofPatients Dead onScene 3,000 2,000 3426 3013 3130 2955 182 2020 142 2021 151 2022 165 2023 6 -196- Fentanyl Use in Suspected Opioid Overdoses (2021-2023) % of EMS Suspected Opioid Overdoses with entarylDocumented 45% 40% 35% 30% 25% 20% 1794696 15% 12% 10% 5% 0% 2021-2023 39% 37% 3293396 39% 37% 31% 31% 28928% 29% 35% 32% 33% 28% 28% 28% 34% 274289 30% 29:8095 30980% 279289 28% 239839A296 24% 23% de d:e 111111111 Suspected Opioid Overdose byCity_(2023 SuspectedOpioid: Overdose Fatality 600 519 400 200 Ese Varel 2 TEe 7 -197- Suspected Opioid Overdose & Fatality by Age Group (2023) Suspected Opioid Overdose & Fatality by Age Group Supectadovercas Falalty 69 1D14 1524 2544 4561 1000 1200 1,400 600 D Suspected Opioid Overdose & Fatality by Gender (2023) Suspected Opioid Overdose & Fatality by Gender Sumpected Ovedese. Mate 107 Fatality. 2269 859 15K 254 8 -198- Incident Patient Disposition in Suspected Opioid OD (2023) Incident Patient Disposition in Suspected Opioid OD In order to get ani in depth look at oploid overdose data, is Importent to understand the wilingness ofp patients thet ares seen andt treated by EMS providers to comply with provider recommendations. This provides context and highlights potentiai obstacles In overdose Thef following datar represents patients thatg go againstr medical edvice (AMA). therebyr refuse treatment, ort trensport to a designated heaithcare facitity for further treatment. Patients encountered that were determined to bec deceased when EMS units arrived are denoted as Treated: Tiansport. Trestedt Released(- DeadatScene RefusedTrealment." Refused) Treatment: Transported 5.6% treatments. Desda ats Scene. Treated; Transported 2,530 Refused1 Treatment; No7 Transport 62 Treated; Released (AMA) 197 Deada at Scene 166 Naloxone/Narcan Administration & Efficacy (2023) Administered by Priort to Arrival Narcan AdministeredbyE EMS 2,104 630 400 200 Narcan AdministeredPriortoA Arrival 1,060 Nol Narcan Administered 101 9 -199- Patient Response to Naloxone/Narcan Administration (2023) Patient Response to Narcan Administration a Improved Unchanged 10.8 Improved Unchanged 100%. 80% 60% 40% 20% 0% 204 157 225 245 255 247 221 237 191 202 104 203 89.2 Leave Behind Naloxone Program (2023) Leave Behind Naloxone Program Several Ambulance/Fire Agencies within Riverside County provide naloxone kits to patients.famly/at-risk persons Participating Provider Agencies AMR Cathedral City Fire Department Corona Fire Department Soboba Fire Department Total Count 326 Date Range Count 149 10 -200- REMSA Policy 3309-Intranasal Naloxone Use by Public Safety Personnel Intranasal Naloxone 3309 Use by Public Safety Personnel Operational Policy RINERSIDECOUNTY EMS AGENCY Last Reviewed: October 4; 2022 Last Revised: December1 1, 2023 PURPOSE To establish the processes and procedures to allowi for approved public safety personnel (PSP)to provide intranasal naloxone to patients with suspected acute narcotic overdose. 1. Agencies that employ PSPsi in Riverside County seeking to utilize naloxone to manage patients with suspected narcotic overdose shall be authorized and approved! by REMSA in accordance with statel laws, regulations and REMSA policies. Authorized agencies shall administer naloxone in accordance with1 this 2. PSPS must bet trained to1 thel Public! Safety! Personnel First Aid and CPR: standard as outlined in Title 22, Division htpsi/povtwestiw.om/alrer/Deument264A10E20855DIFABDACCS7DABA5168AMEMlypPe-Fulfext8orist nationC omtert-coumentocktrensendaetcDehautiaihes)amnd maintain ongoing competencies and proficiencies as outlined by Section 100022 (found here: teslpor.estaw.omlals.Damm/ssEBAOBISDIEBDACCIDORASIEBAMEAhpe-Fulletaoris nationC edpmestsiratiantsstaiecpat-lcana 3. Ongoing competency fori the administration of intranasal naloxone must be maintained every two (2)y years, 4. Eacha authorized agency that employs PSPs thati is requesting authorization wills submit: TrainingStandards policy. 9, Chapter 1.5, Section: 100017 (found here: training for ongoing competency must be approved by REMSA. . Aformal request for approval ofi intranasal naloxone use. b. Adesignated point of contact for the program and provide contact information fori thei individual in PSPS workingf for agencies authorized to administer intranasal naloxone by REMSAI may provide 4 mgi intranasal naloxone following procedure outlined int this policy and in REMSA approved training. thei formal request letter above. Performance: Standards 1. Intranasal Naloxone. Administration: . Identifyt the victim of possible narcotic overdose. 0. Ensure paramedici responseh has been requested. d. Check victim for responsiveness. Maintain: standard blood and! body fluid precautions and use appropriate personal protective equipment. Ensure: an open airway using Basicl Life Support Techniques. Perform CPR ifp patient isi in cardiacarrest. As clinically indicated, provide rescue breathing usinga al bag-valve-mask ori faces shield. Administer intranasal naloxone, using procedurei fromi training. - Repeat dosei ifrespiratory depression persists (breathing <8b breaths/minute). h. Continue CPR, rescue breathing, or other first aid as clinicallyi indicated. Prepare for possible reversal behavior or withdrawal symptoms such as gitation/aggression, Notify the responding agency's paramedic ofi the administration of naloxone. Replacet the used naloxone device witha anotheri intranasal naloxone administration device. combativeness, vomiting, etc. 11 -201- 2. Responding EMS providers shall document thei intranasal naloxone use as" "priort to arrival" and assign the 3. Participating public safety agencies willr report all cases of naloxone administrationt to REMSA viai the Naloxone use for Public Safety Personnel form, found here-htm/fpmadieacom/lcaprdA administration to the administering public safety agency. I.F REMSA Policy 3309 Reporting Form Link itps-/forms.arica.com/CADI2ACFA .Riverside County Sheriff's Division (RSO) - Naloxone Administration under Policy 3309 2022-2023only) 2023 Doses Administered Incident Count 364 538 Mwwh MulWw.alash 12 -202- January 1, 2021 thru December 31,2023 BLYTHE) Total by Total by 2021 2022 2023 Total by Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov Dec TOTALYEAR INDIO 0 0 (Data is times Narcan was used, not how many dosages) Total by Total by 1 4 1 4 7 2 3 Total by 3 2 2 5 1 1 1 1 2 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept 13 -203- Oct Nov Dec TOTALYEAR 3 3 0 0 2 0 0 30 1 2 0 21 0 0 0 0 0 0 0 0 0 PALM SPRINGS (Data is times Narcan was used, not how many dosages) Total by Total by Total by 1 2 1 2021 2022 2023 1 2 1 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov Dec TOTALYEAR BANNING 1 2 1 2 6 1 2 1 2 6 4 4 (Data is total of Narcan dosages used per month) Total by Total by Total by 1 6 2 1 4 2 1 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov 14 -204- Dec TOTALYEAR 4 21 BEAUMONT (Data is times Narcan was used, not how many dosages) Total by Total by Total by 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov Dec TOTALYEAR 2 1 3 1 2 CORONA (Data is total of Narcan dosages used per month) Total by 1 4 9 6 7 6 6 9 8 3 Total by 13 15 8 9 5 10 8 5 8 11 Total by 4 4 6 1 8 6 8 6 5 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct 15 -205- Nov Dec TOTALYEAR MURRIETTA 6 7 72 5 4 101 9 8 72 Total by Total by Total by 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov Dec TOTALYEAR HEMET (Data is total ofl Narcan dosages used per month) Total by Total 2022 by 5 1 6 2 2 2 2 5 4 1 5 2 2 2 2 7 2 2 3 2 5 3 3 2 2 5 2 1 3 16 Total by 4 1 1 5 7 4 3 3 2 2021 2023 3 1 1 2 3 4 2 1 2 1 1 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov 2 1 6 1 3 3 6 4 -206- Dec TOTALYEAR 1 10 4 1 14 1 1 28 14 3 48 15 6 31 MENIFEE Total by Total by Total by 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov Dec TOTALYEAR 0 0 U 0 0 0 RIVERSIDE PD (Data was not collected) Total by Total by Total by 2021 2022 2023 Male Fem Month Male Fem Month Male Fem Month Jan February March April May June July August Sept Oct Nov 17 -207- Dec TOTALYEAR 0 0 auen Total by 2022 ers(per doses Male Fem Month 1 1 2 1 2 4 3 2 I 1 4 3 3 10 4 1 2 6 1 9 3 6 11 3 1 18 3 3 1 1 3 2 5 1 12 4 3 2 5 3 1 2021 Total by 2023 1 2 4 1 8 3 1 4 2 4 1 7 2 Total by 2 2 3 7 3 1 7 3 14 3 6 2 1 12 6 11 3 1 21 3 2 5 6 16 5 5 3 1 Male Fem Month Male Fem Month 1 2 4 1 8 3 1 4 2 2 2 1 5 2 2 JANUARY RPDC CBDC SCF JBDC BLYTHE SUBTOTAL FEBRUARY RPDC CBDC SCF JBDC BLYTHE SUBTOTAL MARCH RPDC CBDC SCF JBDC BLYTHE SUBTOTAL APRIL RPDC CBDC SCF JBDC BLYTHE SUBTOTAL MAY RPDC CBDC SCF JBDC BLYTHE SUBTOTAL JUNE RPDC CBDC SCF JBDC 2 3 1 3 3 7 4 1 4 6 3 18 2 4 3 3 1 11 1 4 9 -208- BLYTHE SUBTOTAL 11 3 14 8 6 14 Total by 1 1 3 1 7 6 1 4 3 14 2 1 1 1 1 6 2 2 2 1 7 1 1 4 1 7 6 2 8 2021 Male Fem Month Total by 2022 Total by 2023 Male Fem Month Male Fem Month JULY RPDC CBDC SCF JBDC BLYTHE SUBTOTAL AUGUST RPDC CBDC SCF JBDC BLYTHE SUBTOTAL SEPTEMBER RPDC CBDC SCF JBDC BLYTHE SUBTOTAL OCTOBER RPDC CBDC SCF JBDC BLYTHE SUBTOTAL NOVEMBER RPDC CBDC SCF JBDC BLYTHE SUBTOTAL DECEMBER RPDC CBDC SCF JBDC BLYTHE 1 1 2 1 1 1 6 1 6 1 4 3 14 2 1 1 1 1 5 1 2 2 2 1 6 1 I 1 4 1 7 5 1 2 8 2 1 10 3 10 7 4 11 2 1 21 4 1 5 2 3. 10 1 4 1 1 3 8 2 1 11 9 2 2 7 2 9 4 2 1 2 1 3 2 1 19 2 11 13 11 11 2 1 25 1 5 2 3 11 5 1 11 2 1 20 4 7 2 13 3 2 4 2 1 -209- SUBTOTAL YEARTOTAL 7 5 98 42 12 140 15 114 27 16 141 2021 Incidents Doses 8 5 5 2022 Incidents Doses 34 43 48 12 3 140 2023 Total # of Total#o of Incidents 34 33 38 18 2 125 Total # of Total# # of Total # of Total# of Doses 39 44 54 31 2 170 RPDC CBDC SCF JBDC Blythe TOTAL YEAR 22 12 18 46 61 53 23 3 186 18 52 RIVCOS SHERIFF Deputy's in field 2021 Incidents Doses 2022 by Incidents Doses 2023 by 16 17 13 14 15 13 15 18 19 19 24 19 Incidents Doses by 28 15 17 26 33 29 21 29 21 19 19 15 by by by Male Fem Month Year Male Fem Month Vear Male Fem Month Year Jan February March April May June July August Sept Oct Nov Dec TOTAL YEAR 11 11 8 7 5 42 37 4 70 154 48 202 238 202 70 272 418 Report Issued: 6/11/2024 Report Public: 6/14/2024 Response Due: 9/14/2024 20 -210- CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT Blythe MEETING DATE: August 13, 2024 SUBJECT: Request to Waive Temporary Use Permit Fee for the Chamber of Commerce's Blythe MarketFest PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Itis recommended Council waive the' Temporary Use Permit Feec of $262.00: for the ChamberofCommerce tol host. MarketFest int the City's Spring Street parking lot for the Fall 2024 and Winter 2025 Sessions. FISCAL IMPACT: Loss ofrevenue in the amount of$262.00. BACKGROUND: Last year the Chamber of Commerce started a weekly MarketFest, outdoor vendorn market fort the Community. Thei market was held int the City'sTodd: Park: most Saturday mornings from December 2023 through April 2024. The Chamber ofCommerce: is gearing up for their next twol MarketFest sessions whichl begin this fall and run through the winter of2025. The Chamber wishes to move the location of MarketFest from Todd Park to the City owned parking lot located in the 200 block ofW. Hobsonway. They also plan tol have both Saturday STAFF REPORT: The Chamber ofCommerce respectfully requests that the Council waive the Temporary Use Permit fee for MarketFest for the 2024/2025 season. As this is a community- based event that they hope to continue to grow and thrive, statffrecommends the Courcil waive morning and Thursday evening markets for the fall and winter seasons. the $262.00' TUP Fee for Blythe MarketFest. ATTACHMENIS: 1. MarketFest Information and Planned Schedule for 2024-2025 -211- Blythe Marketfest is a community event featuring locally owned businesses, funded with a grant by the usda and riverside county and ran by the Blythe Chamber of commerce. It will consist oft two mornings and one evening market per month on Saturday's. Please see dates/times below. Vendors will be selling food and other. various items. We will have themed events and have local entertainment for the evening market, to make it fun for the whole community. Health permits will be pulled for all food vendors. All vendors will hold business licenses, seller's permits and business insurance. Parking lot located on the 200 block of Spring Street and Hobsonway will be closed off during the hours of operation. Orientation 8am-12pm Morning Market's arrival time is 7am. Departure by 3pm. Evening market's arrival time is 4pm. Departure time 12pm. September 9/21 9am-llam Vendor Orientation -Vendors Only October 2024 10/5 Morning Market 9am-lpm - 10/12 Evening Market 6pm-10pm 10/26 Morning Market 9am-1pm 11/2 Morning Market 9am-lpm 11/16 Evening Market 6pm-10pm 11/23 Morning Market 9am-lpm 10/19 Closed November 2024 11/9 Closed 11/30 Closed December 2024 12/7 Closed 12/14 Morning Market 9am-lpm 12/21 Morning Market 9am-lpm 12/28 Closed January 2025 Season Two 1/4 Morning Market 9am-lpm 1/11 Evening Market 6pm-10pm -212- 1/18 Closed February 2025 1/251 Morning Market 9am-lpm 2/1 Evening Market 6pm-10pm 2/8 Morning Market 9am-lpm 2/221 Morning Market 9am-lpm 3/1 Evening Market 6pm-10pm 3/8 Morning Market 9am-lpm 3/22 Morning Market 9am-lpm 3/29 Evening Market 6pm-10 pm 2/15 Closed March 2025 3/15 Closed -213- REPORTS -214- PUBLIC COMMENT -215- ADJOURN -216-