BLYTHE CITY COUNCIL  RITA 0 FIRST  IR  Blythe  133  ABIISHED  AGENDA  OCTOBER 8, 2024 REGULAR MEETING: 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 October 8, 2024 6:00pm  CALL TO ORDER ROLL CALL Mayor DeConinck Vicel Mayor Rodriguez Councilman Halby Councilman Burton PLEDGE OF ALLEGIANCE INVOCATION ADDED STARTER requires a unanimous vote. CONSENT CALENDAR- (1-14) removed from the Consent Calendar fors separate action. Posting of the Agenda. Friday, October 4, 2024. Approval of the Warrant Register.  Interim City Manager/City Clerk Crecelius City Attomey Roberto City Treasurer/Finance Director Elms Chief Building Official Brown  Police Chief Dale Fire Chief Hasler Public Works Director Elegores  The City Council may add ani item tot the Agenda after making a finding that therei isa a needt toi take immediate action ont thei item and that the item camet tot the attention oft the City Councila and/or staffs subsequent tot the posting oft the Agenda. An action adding an item tot the Agenda requires a 2/3 vote oft the City Council (40 of5 Council Members). If less than 2/30 oft the City Council isp present, adding ani item tot the Agenda Allr matters listed under Consent Calendar are considered routine and willl be enacted by one motion. There willl be no separate discussion of thesei items prior to the time of voting on the motion unless members oft the Council or staff request specific items be discussed and/or  1.  The summary of agenda items were posted on 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 10/8/24, warrants numbered 10795 through 10819 and 78672 through 78721 in the amount of $386,949.75; 10/8/24, Utility Billing Refund warrants numbered 787221 through 78732, in the amount of$1,374.95, and 10/8/24, warrants numbered 10820 through 10826 and 78733 through 78785 in the in the amount of $722,427.05 Recommendation: Approve 10/8/24, warrants numbered 54696 through 54716 and Direct Deposits warrants numbered 59820 through 59892 in the amount $365,661.53; 10/8/24, warrants numbered 54717 through 54736 and Direct Deposits warrants numbered $310,934.08, and 10/8/24, warrants numbered 54737 through 54750 and Direct Deposits  2.  3.  Approval of the Payroll Register.  warrants numbered 59966 through 60060 in the amount of $80,014.07. Minutes of the September 10, 2024, City Council Meeting. Recommendation: Approve the Minutes of the September 10, 2024, Meeting. City of Blythe Permits Issued for the Month of September 2024. Recommendation: Receive and file the monthly report. Recommendation: Receive and file the monthly report. Recommendation: Receive and file the monthly report.  4. 5. 6. 7.  City of Blythe Fire Department Monthly Activity Report for September 2024. City of Blythe Police Department Monthly Activity Report for September 2024.  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 in the City Clerk's Office at City! Hall, 2351 N. Broadway, Blythe, California during normal business hours. In addition  such writings and documents will be posted on the City's website: www.dlyolhylnecagow,    8. 9.  Quality of Life Program Activity Report for September 2024. Recommendation: Receive and file the monthly report.  MOU between City and PVUSD for the 2024/25 School Year and 2025 Summer School Recommendation: Authorize the Interim City Manager to execute the Memorandum of Understanding between the City and PVUSD for the ELO Program once reviewed and 10. Amendment Number One to the Amended and Restated Finance Director Employment Recommendation: Authorize the Interim City Manager to execute Amendment Number One to Amended and Restated Finance Director Employment Agreement between the City and  Programs.  approved by the City Attorney.  Agreement. Christa Elms.  11. Professional Service Agreements with Kevin Nelson and Gustavo Rodriguez.  Recommendation: Authorize the Interim City Manager to execute an agreement with Jon "Kevin" Nelson for Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator Services for the Blythe Water 12. Acceptance of Work: 2024 Beautify Blythe Project- Package IV Miller Park Ballfield Recommendation: Accept the work performed by Ace Electric, Inc. fort the 2024 Beautify Blythe Project Package IV- Miller Park Ballfield Lighting and authorize the Mayor and City Clerk to execute and file the Notice of Completion and release retention payments and project bonds 13. Destruction of Certain Financial Records and Documents for Fiscal Year 2018-2019. Recommendation: Adopt Resolution No. 2024-033 authorizing the destruction of certain RESOLUTION NO. 2024-033. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZED BY THE 14. Acceptance of the ABC-OTS Grant through National Highway Traffic Safey.  Treatment Plant. Lighting.  once appropriate.  financial records and documents for fiscal year 2018-2019.  CALIFORNIA GOVERNMENT CODE.  Recommendation: Adopt Resolution No. 2024-034, authorizing the Interim City Manager to enter into an Agreement with the State for participation in the California Department of Alcoholic Beverage Control's ABC-OTS Grant Program and authorize the Interim City RESOLUTION NO. 2024-034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AUTHORIZING THE GITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S ABC-OTS GRANT PROGRAM AND AUTHORIZING THE INTERIM CITYMANAGER OR HER DESIGNEE TO EXECUTE. ALL GRANT DOCUMENTS. 15. Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Enclosures. Recommendation: Subsequent to the public hearing, introduce Ordinance No. 932-24: ORDINANCE NO. 932-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE AND UTILITY AREAS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE TO ESTABLISH REQUIREMENTS RELATING TO SOLID WASTE ENCLOSURES 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). 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. Ina addition  Manager to execute any and all grant documents.  PUBLIC HEARING: (Items 15-16)  suchv writings and documents willl be posted ont the City's website: wwlbyolbynecagol.    16. Urgency Ordinance Extending Temporary Moratorium on the Establishment of  Commercial Solar Energy Facilities. Ordinance No. 933-24-U:  Recommendation: Subsequent to the Public Hearing, adopt, by a four-fifths vote, Urgency URGENCY ORDINANCE NO. 933-24-U. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL SOLAR ENERGY FACILITIES TO ALLOW TIME FOR CONSIDERATION OF POTENTIAL AMENDMENTS TO THE BLYTHE ZONING CODE FOR THE PURPOSE OF ENSURING COMPATIBILITY WITH SURROUNDING LAND USES FOR A PERIOD OF ONE YEAR AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA  GUIDELINES SECTION 15061(B)(3). NEW BUSINESS: (Items 17-18) 17. Committee Appointments. Advisory Committee.  Recommendation: Thel Mayor appoint a member of Council tos serve oni the Palo Verde College 18. Request to Waive the Temporary Use Permit Fee for Calvary Chapel's Community Trunk-or-Treat Event and Community Center Rental Fees for The Rec-N-Crew's Recommendation: Waive the Temporary Use Permit Fee of $262.00 for Calvary Chapel to hold a Trunk-or-Treat Community event at 155 and 175 N. Spring Street and Community Center Rental fees excluding the $150 deposit and $100 labor fee fori the Rec-N-Crew to host  Homecoming Event.  their annual Homecoming event at Todd Park on October 18, 2024.  ORAL REPORTS (Council may ask a question for clarification, make a 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 Counci/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 November 12, 2024, at 6:00 p.m. in the Council  Chamber, 235 N. Broadway, Blythe, California.  NOTE TO THE PUBLIC:  In 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@cityotlythe.ca.gov. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.104 ADA  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 in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition  suchv writings and documents will be posted ont the City's website: www.clyolbyne.agow,    CONSENT CALENDAR  -1-    d8 55  -2-    2  -3-    -4-    -5-    1    C  -7-    -8-    do  -9-    9  0  -10-    -11-    N  -12-    -13-    2N  -14-    -15-    o  0  -16-    a  5    -17-    6  -  o6  -18-    6 00  -19-    6 E  oD)  -20-    > 1 0 E  -21-    1 6 a 5  -22-    Minutes of the Blythe City Council Meeting  September 10, 2024  The September 10, 2024 meeting of the Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Mayor DeConinck. Also in attendance were Vice Mayor Rodriguez and Council Members Halby and Burton. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Finance Director Elms, Chief Building Official Brown, Public Works Director Elegores, Police Chief Dale and Fire ChiefHasler.  The Pledge of Allegiance was. led by Mayor DeConinck. The Invocation was led by Councilman Burton. REPORT FROM CLOSED SESSION:  City Attorney Roberto stated there was no reportable action.  PROCLAMATION:  National Suicide Prevention Month, September 2024. The Proclamation was presented Patriotism Week, September 9-15, 2024. The Proclamation was presented to  toi representatives of] Peace from Chaos.  representatives ofthel local Benevolent and Protective Order oft the Elks.  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. September 6, 2024. Approval of the Warrant Register.  3.  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 of the Council Chamber on. Friday, Recommendation: Approve 9/10/24, warrants numbered 78548 through 78561 in the amount of $57,400.07; 9/10/24, Utility Billing Refund warrants numbered 78562 through 78571, in the amount of $964.33; 9/10/24, warrants numbered 10780 through 10789 and 78572 through 78631. in the in the amount of $342,161.46, and 9/10/24, warrants numbered 10790 through 10794 and Recommendation: Approve 9/10/24, warrants numbered 54639 through 54660 and Direct Deposits warrants numbered 59579 through 5950 in the amount $306,739.69; 9/10/24, warrants numbered 54661 through 54662 in the amount of $543.41; 9/10/24, warrants numbered 54663 through 54682 and Direct Deposits warrants numbered 59651 through 54682 in the amount of $316,337.98, and 9/10/24, warrants numbered 54683 through 54695 and Direct Deposits  4.  78632 through 78670: ini the amount of$321,748.94. Approval of the Payroll Register.  5.  warrants numbered 59723 through 59819: in the amount of$77,205.63. Minutes of the August 13. 2024. City Council Meeting. Recommendation: Approve thel Minutes oft the August 13, 2024, Meeting. CityofBlythe Permits Issued for the Month of August 2024. Recommendation: Receive and file the monthly report. CityofBlvthe Fire Department Monthly Activity Report for August 2024. Recommendation: Receive and file the monthly report.  6. 7. 8.  -23-    9.  Cityo of] Blythe Police Department Monthly. Activity Report for August 2024.  Recommendation: Receive and file the monthly report. 10. Ouality ofLife Program Activity Report for August 2024. Recommendation: Receive and file the monthlyn report. 11. Biennial Review of the Conflict-of-Interest Code.  Recommendation: Receive and file the Biennial Report on the City's Conflict ofl Interest Code. 12. Service Agreement for 6th and 10th Avenue Resurfacing between County of Riverside and Recommendation: Authorize the Interim City Manager to execute the Service Agreement for the 6th and 10th Avenue Resurfacing between the County of Riverside and the City of Blythe in an amount not to exceed $2,687,972, once the agreement has been approved by the City Attorey, authorize the Interim City Manager to approve change orders requested by the County during construction or any amendments to the agreement within the approved project budget of 13. Written Report Pursuant to California Government Code Section 65858(d) Regarding the Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities. Recommendation: Receive and file the written report on the temporary moratorium on the  City of] Blythe.  $2,687,972.00.  establishment of commercial solar energy facilities. 14. Ordinance Establishing Regulations for Shopping Cart Containment. Recommendation: Council adopt Ordinance No. 931-24:  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, QUALITYACT (CEQA) PURSUANT TO CEQA GUIDELINES. SECTION. 15061(B)(3) No public comment. Councilman Burton moved approval of the Consent Calendar. The motion  (COMMONSENSE. EXEMPTION).  was seconded by Vice Mayor Rodriguez with a unanimous aye vote.  PUBLIC. HEARING:  Tentative Parcel Map 390006- Palo Verde College. Interim City Manager Crecelius stated at the. August 13th Council meeting, staff presented a request from Palo Verde College to allow the division of one 197.267-acre parcel into two separate parcels. The request would allow the City's water infrastructure to be housed on its own designated parcel, with the College on the other proposed parcel. During the meeting it was questioned if the City's water well was included int the City's proposed parcel. The Public Hearing was continued to tonight, to allow the Holt Group to revise the Tentative Parcel Map. The revised map now includes all the City's water infrastructure on proposed Parcel No. 2. The attached Tentative Parcel Map proposes to allow the division of one (1) 197.267 acre parcel into two separate parcels located at One College Drive and is legally described as Assessor's Parcel Number 821-200-020. Proposed Parcel No. 1i is 195.353t acres in size. Proposed Parcel No. 2 is 1.914 acres in size. Proposed Parcel No. 1 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 Map. This project is categorically exempt from CEQA as a minor land division. Council can make the following findings related to the proposed Tentative Parcel Map: The Tentative Parcel Map is consistent with the General Plan, the proposed tentative parcel Map is consistent with the requirements of the Zoning Ordinance, the site is physically suitable for the land division as proposed and the project will have no impact on the environment. Therefore, subsequent to the Public Hearing it is recommended Council adopt Resolution No. 2024-029 approving the Notice  -24-    of Exemption with De Minimis Impact Findings for Tentative Parcel Map 39006 and Resolution No public comment. Vice Mayor Rodriguez moved approval of staff's recommendation. The RESOLUTION NO. 2024-029. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, CONTAINING. FINDINGS. INA SUPPORT OFAPPROVAL OFAI NOTICE OFL EXEMPTION WITH DE MINIMIS. IMPACT RESOLUTIONI NO. 2024-030- -Al RESOLUTION OFTHE CITY COUNCIL OF7 THE CITYOFBLYTHE, CALIFORNIA CONTAINING FINDINGS. AND CONDITIONS, INSUPPORT OFAPPROVING TENTATIVE PARCELI MAP39006 TO ALLOWTHE DIVISION OFONE (1) 197.267 (GROSS). ACRE PARCEL. INTO TWO( (2)SEPARATE PARCELSON PROPERTYLOCATED, AT ONE COLLEGE. DRIVE (ASSESSOR'S PACENOMERPIMRNA  No. 2024-030 approving Tentative! Parcel Map 39006.  motion was seconded by Councilman Burton with a unanimous aye vote.  FINDING. FOR TENTATIVE PARCELI MAP39006.  Implementation of SB 1383 Organics Collection Service and Rate. Interim City Manager Crecelius stated in September 2016, Governor Brown set methane emission targets for California in a statewide effort to reduce the emission of short-lived climate pollutants. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for enforcement ofSB 1383 regulations. When SB 1383 was first introduced, the City lobbied heavily for the City to be excluded or exempt from the requirements. The City believed the distance to any organics processing facilities and transporting organic waste 100+ miles each way would negate any methane emission reductions from the recycling of organics. Due to the distance to processing centers and no other population segments in the vicinity to share transportation and processing costs with the City was concerned with the undue burden SB 1383 would place on the City's rate payers. Although the implementation of an organics collection program in Blythe was delayed by these efforts, the City was unsuccessful with an exemption from the legislation. The City was placed on a Corrective Action Plan (CAP). The CAP has a deadline for compliance of September 30, 2024, which was extended from the original deadline of March 1, 2024. To implement the SB 1383 Organics Collection Program, an amendment to the existing Franchise Agreement with CR&R is necessary along with the approval ofmaximum rates that CR&R may charge for these new services. Under the Franchise Agreement, the City regulates the services that CR&R provides and the rates that CR&R can charge for those services. CR&R has proposed new organics rates to recover its costs of providing the new organics collection services. To promote public participation the City elected to hold a public hearing regarding the proposed new rates, including the continued annual adjustments for inflation, and to accept written protests in connection with the public hearing. Early in the SB 1383 program roll out discussion, it was anticipated the collection of organic waste could cost residents upwards of $15 per month. Now that the specifics ofhow and where the organic waste will be collected and processed have been determined, the proposed rate for organics is $13.06 per month. This brings the standard residential service from $28.08 per month to $41.14 per month. If approved, this fee will be in effect as of October 1, 2024. CR&R will begin delivering the 64-gallon organics cart to customers this month. A: flyer was mailed to all residents announcing this, and asking residents to begin using their cart, including setting it curbside for collection the week of September 30th. To add a 64-gallon commercial organics cart to a commercial account, the cost will be $74.82 for service once a week, $124.95 for service twice a week or $174.93 for service three times per week. Under SB 1383, the City is authorized to grant waivers to commercial customers who do not generate organic waste. CR&R's staff has already processed numerous waivers for  -25-    commercial accounts that meet exemption requirements. CR&R will continue to work with commercial customers who may qualify for exemption. Following staff's presentation, staff recommends that the Council open public comment to receive public comment and protests. At the close of the public input portion ofthis public hearing, the City Clerk will tabulate all written protests and report the result to the City Council. After the City Clerk determines the results of the protest process, if there is no majority protest, staff recommends that the Council adopt Resolution No. 2024-031 approving increases to the maximum rates that may be charged by CR&R in connection with the solid waste collection services, and authorize the Interim City Manager to execute. Amendment Number Two to the Second Amendment and Restatement oft the Solid Waste Franchise Agreement between the City of Blythe and CR&R Incorporated for Public comment. Lynette Williams asked why a third can is being added. We are not filling the James Schleuter asked about the penalties and reperçussions if we don't comply and if that  Exclusive Solid Waste Handling Services. cans we. have, why do we: need more?  would cost the City less than what the residents will havet toj pay. City Clerk Crecelius confirmed that no written protests were: received.  Asi it was determined there wasi no majority protest, Councilman Halby moved approval ofs staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. RESOLUTION. NO. 2024-031. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING INCREASES TO THE MAXIMUM RATES THAT MAY. BE CHARGED BY THE CITY'S FRANCHISED Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Containers and Enclosures. Interim City Manager Crecelius stated the City Council directed staff to prepare an ordinance requiring trash containers in the commercial district to be locked. Currently, there are: no provisions in the Municipal Code requiring locking mechanisms on trash containers, or for containers to be in a trash enclosure within the commercial district. As a condition of approval, staff requires trash enclosures to be installed to City standard on new development projects within the City. To address unsightly and unsecure commercial and industrial solid waste containers, which attract scavenging, graffiti and homeless activities and lead to litter, trash and debris in the public right-of-way, most cities require commercial and industrial trash containers to be secured within trash enclosures, locked, or screened from public view by walls, fencing or buildings. CR&R estimates of the eight hundred and twenty-seven commercial bins in the City, six hundred and twenty-five are not locked. In the adopted rates for solid waste services, there is a fee of $21.65 per month to install locking bars on commercial bins.. As it will take CR&R some time to install locking bars on commercial bins, the Ordinance establishes that commercial bins should be locked no later than November 30, 2025. A locking bar on commercial bins would help in the short term; but may not be the long-term solution Council is looking for. Even when locked, the homeless seem to find ways to damage the trash bin to obtain access. They bend or break the lids, damage or destroy the locking mechanism, and, in some cases, set fire to the trash bin. The customer is then charged for a replacement locking mechanism or to replace the trash container. A trash enclosure is the only way to fully prevent entry into the trash bins. This could be the long-term solution, but the upfront cost to business  HAULER.  -26-    owners to install a trash enclosure is prohibitive. In some cases, businesses owners may not have room on their property to build an enclosure. City staff recommends codifying the current practice of requiring new businesses or new developments to install trash enclosures. Existing businesses would comply with the Ordinance by installing locking mechanisms on their current trash containers. Should the Council wish to require trash enclosures for all commercial and industrial areas, a sunset could be provided to allow five or more years for business owners to gain compliance with the Ordinance. This would give business and property owners time to plan for the upfront costs ofl building a trash enclosure. The City Manager or Planning Director would need authority to waive the requirement in situations in which space was an issue for existing properties. As staff could use more direction from Council on this Ordinance, it may be prudent to set a Study Session to discuss this further with Council. Iti is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance Public comment. The Manager of Quality Inn asked for clarification on how the locking trash bin Councilman Halby said he is tired of seeing trash everywhere. We need to move forward with Vice Mayor Rodriguez would like to hold a Study Session to take input from business owners. Interim City Manager Crecelius stated we can hold a Study Session to take direction and revise the ordinance. However, this Ordinance includes codifying the current practice ofi requiring trash enclosures for new businesses. Ifyou would like that to continue, we could present an Ordinance specific to those requirements. Staff would like to move forward with that and take direction City Attorney Roberto stated this Ordinance addresses two chapters oft the Municipal Code. Only the provisions relating to trash enclosures are in your zoning code, which requires a public hearing. If you separate them out, only the trash enclosures require a public hearing. You can direct staff to separate the items and schedule a study session specifically on the locking mechanism. Specific to Title 17, staff can come back with an Ordinance at a noticed Public Interim City Manager Crecelius stated that is what staff is asking, that the practice for new businesses to build a trash enclosures be codified in the Municipal code. Then separate from that Vice Mayor Rodriguez moved to table the item and directed staff to hold a Study Session related to locking trash bins and prepare an Ordinance related to trash enclosures. The motion was seconded by Councilman Burton with aye votes from DeConinck, Rodriguez and Burton and a  No. 932-24 and provide direction to staff.  would work and how his customers would access the dumpsters.  this.  from you on locking mechanisms for trash bins.  Hearing for the trash enclosure piece.  we would have a Study Session to discuss the locking bins.  no vote: from Halby. NEW BUSINESS:  -27-    Agreement between City and Tripepi Smith for Communications and Marketing Servies. Interim City Manager Crecelius stated part of the City's campaign to Save Chuck included hiring Tripepi Smith for communication and marketing services. They put together the campaign to stop to closure of CVSP, including the slogan "save chuck". As it became evident the City would be unsuccessful in its efforts to keep CVSP from closing, the services were redirected to community wide education and outreach. The current agreement with Tripeppi Smith expires at the end of the month. As staff wishes to continue the work started by Tripepi Smith, aj proposal was requested to continue thej public engagement services which include a City newsletter, weekly social media posts, Press Releases and OpEd drafted on behalf of the City. Prior to the engagement with Tripepi Smith, the City was not active on social media and had no way of effectively distributing information to the public. These services have been a great tool for the City to share positive information about the City, including new development, city projects, programs and services for residents and has allow the City to highlighting various community events. This information is available not only to residents but those who might be looking to move to Blythe or start a new business in the City. The Tripepi Smith Team also works seamlessly with the City's lobbyist and helps drafts letters and other resources that the lobbyist can circulate with elected officials in Sacramento. They drafted a Press Release and OpEd on the City's opposition to the proposed Chuckwalla Monument Designation. This led to the Mayor and Vice Mayor being interviewed by a journalist with the Washington Post. During the Save Chuck campaign, Tripepi Smith scripted and shot several videos about the City's fight to Save Chuck. An optional service offered in the proposal is an Economic Development video showcasing Blythe as an area primed for development. The video would be posted on the City's website, youtube channel and could be emailed to potential developers showcasing the City's potential with its location on I10, land, water and year-round sunshine. Therefore, it is recommended that Council authorize the Interim City Manager to enter into an agreement with Tripepi Smith in an amount not to exceed $50,000 once reviewed and approved by the City Councilman Burton would like tol hire someone local to dot this. This is a lot ofmoney. Public comment. James Schleuter stated he agrees with Councilman Burton. Why outsource it? You could start an internship for ai media student at the high school. I would rather keep it in the Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Halby with aye votes from DeConinck, Rodriguez and Halby and a no vote from  Attorney.  community.  Burton.  PUBLIC COMMENT: illegal to tether dogs.  Julie Styers of 6525 N. Lovekin would like a decrease in speed limit on N. Lovekin. She presented a flyer on a parasite in the Colorado River affecting pets and discussed that it was James Schleuter asked why HWY 95 from the freeway to McIntyre park was not repaved. He also complained about 7th at C&D Blvd from 14th Avenue on. The County is not taking care of  that area when the City limit stop.  -28-    Comment was made by an unnamed speaker related to the condition of the roads. There are no school sign on Barnard and Carlton by the Escuela De La Raza. He would like his water bill Tony Podgorski invited the public to attend a 9/11 ceremony at 5:30pm at City Hall and at  explained.  8:30am at Gateway Park. ORAL: REPORTS:  Interim City Manager Crecelius introduced new Public Works Director Mirasol Elegores. Police Chief Dale invited local youth to volunteer in the Police Cadet program and introduced Fire Chief Hasler invented the public to attend the Blythe Fire Department's 9/11 memorial presentation while they take 3,100 steps in honor of the steps taken by first responders on 9/11. Councilman Burton gave a shoutout to the Pink Trash Bags and Public Works. He asked who Mayor DeConinck announced that Jere Allen, who was very involved in the community had  new. Police Officer Teresita Manning.  This will occur at Scott Stadium at Palo Verde High School.  was responsible to maintain the road leading into the Prison at Turtle Bridge.  passed.  ADJOURN: The City Council meeting was adjourned at' 7:03pm.  Joseph DeConinck, Mayor  ATTEST:  Mallory Crecelius, City Clerk  -29-    10/3/2024 11:33:40AM  City of Blythe PERMITS ISSUED For the Period 9/1/2024 thru 9/30/2024  Page 1  Permit No./Issued B2408-010 9/13/2024 8/9/2024 9/6/2024 B2409-034 9/27/2024 9/20/2024 9/25/2024 B2409-024 9/16/2024 9/16/2024 9/16/2024 B2409-001 9/17/2024 9/3/2024 9/9/2024 B2409-002 9/17/2024 9/3/2024 9/9/2024 B2204-009 9/18/2024 4/7/2022 8/15/2022 B2408-013 9/13/2024 8/9/2024 9/5/2024 B2408-012 9/13/2024 8/9/2024 9/5/2024 B2409-010 9/20/2024 9/6/2024. 9/13/2024 B2409-007 9/13/2024 8/30/2024 9/9/2024 B2409-011 9/20/2024 9/6/2024. 9/13/2024 B2408-021 9/6/2024 8/16/2024 9/4/2024 B2408-011 9/6/2024 8A2824 B2401-011 9/4/2024 1/3/2024. 2/20/2024 PFRM133  Applied/Approved TypelSub-Type'Status Site Address and Parcel No. Owner and Contractor  Valuation 26,010.00 45,700.00 900.00  Fees 1,653.38 907.94 297.00 709.42 846.37  Paid 1,653.38 907.94 297.00 709.42 846.37 3,662.75 1,679.98 1,627.98 824.51 934.61 907.94 963.15 1,640.07 645.15  ELEC SOLAR FINALED ELEC SOLAR ISSUED ELEC FINALED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR FINALED  5281 EASTI MURPHY: STREET VICTOR & SONIA GALVEZ Permit) Name ROOFMOUNTSOLAR 2145 SOUTH SPRING STREET JEROME WILLIAMS Permit] Name RESIDENTAL ROOF MOUNTEDSOLAR 13581 EAST POURTEENTHAVE: BERMEJO &1 ESTRADA  845163003 848053001 869160063 Permit) Name UPGRADE 350ALICBLANE 848161006 848172037 848110005 Permit Name SOLAR 185 SOUTH SIXTHSTREET JOHN &. JEANDUNLAP 848083018 Permit Name ROOFMOUNT SOLAR 575 WESTI RICE: STREET 848023037 Permit Name ROOFMOUNTSOLAR 10201 EASTO CALIFORNIASTREI JUANDORAME 857084009 Permit Name NEWROOFN MOUNTEDSOLAR 137BRUCECOURT 836171015 Permit Name ROOFI MOUNTS SOLAR 4911 NORTHI FIFTHSTREET REX & MARIALAINEZ 845180009 Permitl Name ROOFMOUNTSOLAR 1373 WEST WISCONSIN: STREE OBDULIAMAGADAN 836170020 Permit) Name ROOF MOUNTS SOLAR 555 WESTRICESTREET 848023038 Permit Name ROOFMOUNTSOLAR 303 SOUTHFIRST: STREET RAULS ARMENDARIZ 848142001 Permit Name Solar w/Storage. Batteries & Upgrade  BRIGHTI PLANET! SOLARI INC BRIGHTI PLANET: SOLARI INC  OWNER  JESUS MANUEL, FELIXMOREN 10,917.60 GRIDALTERNATIVES GRIDALTERNATIVES ERERACONSTRUCTONAD: BRIGHT PLANET SOLARI INC SAMUELGUILIN BRIGHT PLANET: SOLARI INC BRIGHTPLANET SOLARI INC JOSEPH & CHRISTINALOPEZ 35,480.00 BRIGHT! PLANET SOLARI INC BRIGHTI PLANET: SOLARI INC BRIGHTI PLANET SOLARI INC DOMITILLA VELAZQUEZ BRIGHTI PLANET SOLARI INC SUNNOVA: ENERGYCORPORA  Permit Name SOLAROPNONTWAEEN A6DSOUTAPFTISTREET ANGELICASALINAS Permit Name SOLARROOFMOUNT: w/batteries  10,545.03  505 WEST FOURTEENTHAVEN SOUTHERN CALIFORNIAI EDISI 150,000.00 3,662.75  30,580.00 22,900.00 34,700.00  1,679.98 1,627.98 824.51 934.61 907.94 963.15 1,640.07 645.15  45,700.00 39,600.00 23,600.00 26,499.00  CRW -30-    10/3/2024 11:33:40AM  City of] Blythe PERMITS ISSUED For thel Period 9/1/2024 thru 9/30/2024  Page 2  B2407-006 9/27/2024 7/5/2024. 9/23/2024 B2409-027 9/27/2024 9/13/2024 9/23/2024 B2409-031 9/27/2024 9/20/2024 9/23/2024 B2409-033 9/27/2024 9/20/2024 9/25/2024  ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED ELEC SOLAR ISSUED Total for: ELEC  1190NORTHI INTAKEI BOULEV BRET &1 ISMELDAI ROBINSON 38,520.00  1,094.01 880.57 879.60 785.66  1,094.01 880.57 879.60 785.66  857120002 Permit Name ROOFMOUNTSOLAR 5351 NORTHSIXTHSTREET STEPHANIE ERVIN 842125006 Permitl Name ROOFMOUNTSOLAR 481 SOUTH6THST 848172019 Permit? Name ROOFI MOUNTED: SOLAR 771 OLEANDERLN 842142015  BRIGHTPLANET SOLARI INC BRIGHTI PLANET SOLARI INC MARSHALL/ ANDI BRENDA GAF 43,060.00 BRIGHTH PLANET: SOLARI INC CESAR LAINEZ BRIGHTI PLANET SOLARI INC  27,430.00  20,480.00  Permit] Name RESIDENTAL ROOFI MOUNTED! SOLAR  632,621.63 20,940.09 20,940.09  Permit No./Issued B2408-033 9/11/2024 8/28/2024 9/3/2024  Applied/Approved TypeSub-lypeStatus Site Address and Parcel No. Owner and Contractor  Valuation 0.00  Fees 687.00  Paid 687.00 687.00 Paid 181.00 181.00 Paid 629.27 255.39 884.66 Paid 949.00 949.00 CW -31-  ENCROACHMENT ISSUED  Hobsonway &I Blueridge Road CITYOFI BLYTHE1 RIGHT OFWA  FRONTIER CALIFORNIA! INC  Permit) Name WO#50153-5363058  Total for: ENCROACHMENT  0.00 687.00  Permit No./Issued B2407-004 9/10/2024 7/3/2024 715/2024  Applied/Approyed TypeSub-lypeStatus Site Address and) Parcel No. Owner and Contractor  Valuation  Fees 181.00 181.00 Fees 629.27 255.39 884.66 Fees 949.00 949.00  EXCAV ISSUED Total for: EXCAV  400b block EARLE: STREET Permit Name Project#38153467, change contr  CITYOFI BLYTHEI RIGHT OF WE 16,231.64 NETWORX CABLING: SYSTEM:  16,231.64 Valuation  Permit No./Issued B2409-021 9/16/2024 9/12/2024 9/13/2024 B2409-029 9/19/2024 9/19/2024 9/19/2024  Applied/Approved TypeSab-lypeStatus SiteAddress and] Parcel No. Owner and Contractor  FENCE WROUGHT! IRON ISSUED FENCE WROUGHTI IRON ISSUED Total for: FENCE  1455 WESTI HOBSONWAY 836180022 Permit Name 8" Wrought) Ironl Fence 4011 EAST HOBSONWAY 845164010 Permit] Name WROUGHT IRONI FENCE  KMART CORPPIFTHSTREETF 18,000.00  STANI DUNCAN BROTHERS. HOTELINC SELF  1,500.00 19,500.00 Valuation  Permit No./Issued B2408-009 9/12/2024 8/9/2024 9/6/2024  Applied/Approved TypeSub-TupeStatus Site Address and Parcel) No. Owner and Contractor  FIRE ALARM ISSUED Total for: FIRE  5501 WEST DONLONS STREET ATOZINVESTMENTI PROPERT 9,000.00  848100023 Permit Name ALARM  ALARMCENTRALINC  9,000.00  PERM133    10/3/2024 11:33:40AM  City ofl Blythe PERMITS ISSUED For the Period 9/1/2024 thru 9/30/2024  Page 3  Permit. No./Issued B2205-007 9/16/2024 5/5/2022 9/28/2022  Applied/Approyed TypeSub-lype'Sltatus Site Address and Parcel No. Owner and Contractor  Valuation  Fees  Paid  GRADING ISSUED Total for: GRADING  18001 WESTI HOBSONWAY 836100011 Permitl Name &ON-SITEI IMPROVEMENTS  GENERATIONZILC CONTECDEVELOPMENT  1,065,640.00 16,192.25 16,192.25 1,065,640.00 16,192.25 16,192.25  Permit. No./Issued B2409-009 9/6/2024 9/6/2024 9/6/2024  Applied/Approved Type/Sub-TypeStatus: Site Address and Parcel No. Owner and Contractor  Valuation 11,500.00 11,500.00 Valuation 17,000.00  Fees 537.00 537.00 Fees 346.28 2,580.09 503.15 4,367.69  Paid 537.00 537.00 Paid 346.28 2,580.09 503.15 4,367.69  MECH ISSUED Total for: MECH  704 GEORGIASTREET 842171037 Permit Name  PATRICIAAKINGERY ALANISAIR  Permit No./Issued B2409-044 9/26/2024 9/26/2024 9/26/2024 B2408-023 9/18/2024 8/21/2024 9/6/2024 B2409-020 9/18/2024 9/11/2024 9/13/2024 B2408-022 9/3/2024 8/19/2024 8/30/2024  Applied/Approved. Type/Sub-lypeStatus Site Address and Parcel No. Owner and Contractor  OTHER ISSUED OTHER FINALED OTHER ISSUED OTHER ISSUED Total for: OTHER  875 EAST CHANSLORWAY ROMANO CATHOLIC: BISHO 857071001 Permit! Name Repair of Flood] Damage 842133007 Permit) Name Enclose Garage for Casita 523 WEST CHANSLORWAY SHANNAMDELEON 842132025 Permit Name Replace Siding 1277' WESTHOBSONWAY 836180045 Permit Name EDDI Remodel tor re-occupy  PADGETTS CLEANING&I REST MTCONSTRUCTION: TEAM GENERALCONSTRUCTIONI INI ROBERT &I LUCIARAMOS STANI DUNCAN  5181 NORTHI EUCALYPTUSAVE PRIMEI FAMILY TRUST &N MARI 29,180.00  8,000.00 200,000.00  254,180.00 7,797.21 7,797.21  Permit No./Issued B2409-012 9/24/2024 8/30/2024 9/6/2024 B2408-029 9/11/2024 8/26/2024 9/6/2024  Applid/Approved lype/ub-lypestatus Site Address and] Parcel) No. Owner and Contractor  Valuation  Fees 812.82 775.06  Paid 812.82 775.06  PATIO ISSUED PATIO ISSUED Total for: PATIO  410NORTH: THIRDS STREET FERNANDO&I MANUELAGUE 13,766.40  845180033 Permit Name 20481 RIVIERAI DRIVE 869380018 Permit) Name  FERNANDOS AFFORDABLEFL LISA LVANSLYKE OWNER  22,944.00  36,710.40 1,587.88 1,587.88  Permit No./Issued B2409-018 9/13/2024 9/5/2024. 9/11/2024 PERM133  Applied/Approved lype/sub-lype/status Site Address and Parcel No. Owner and Contractor  Valuation 1,450.00  Fees 147.00  Paid 147.00 ÇRW -32-  PLUMB BACKFLOW ISSUED  2521 NOKIHMAINSTRET SIMONI REXI KAPRIELLIAN  845122006 Permit Name BACKFLOW  CRECELIUS! INC    10/3/2024 11:33:40AM  City ofl Blythe PERMITS ISSUED For the Period 9/1/2024 thru 9/30/2024  Page 4  B2409-017 9/13/2024 9/5/2024. 9/11/2024 B2409-036 9/24/2024 9/24/2024 9/24/2024 B2409-023 9/16/2024 9/13/2024 9/13/2024  PLUMB BACKFLOW ISSUED PLUMB WATERHEATER ISSUED PLUMB ISSUED Total for: PLUMB  SOUTIPOURTHISTRLET GOSHANVESIMENISIIC  2,980.00 11,000.00  147.00 38.00 421.00 753.00 Fees 181.00 181.00 Fees 330.98 242.42  147.00 38.00 421.00 753.00 Paid 181.00 181.00 Paid 330.98 242.42 573.40 Paid 730.05 433.93 212.90 212.90 819.51  848091010 Permit Name BACKFLOW 825 WESTI HOBSONWAY 836090043 Permitl Name WATERI HEATER 845040017  CRECELIUS! INC UJASI BLYTHE ROTOCOLLC  415NORTHI MAIN: STREET PALOVERDE VALLEYTRANSI 2,500.00 Permit? Name Drinking Fountain inl Lobby and drinking fountain outside  PALOVERDE PLUMBING COM  17,930.00 Valuation 500.00 500.00 Valuation 15,495.42 11,000.00  Permit No./Issued B2409-004 9/4/2024 9/4/2024 9/4/2024  Applied/Approved TypeSub-TypeStatus Site Address and Parcel No. Owner and Contractor  REMOVE-R ISSUED Total for: REMOVE-R  9871 EASTI ELEVENTHAVENUE ALCANTAR & SCHAD  857020016 Permitl Name  OWNER  Permit No./Issued B2409-039 9/25/2024 9/23/2024 9/25/2024 B2409-013 9/9/2024 9/9/2024 919/2024  Applied/Approved TypeSub-TypeStatus Site Address and Parcel No. Owner and Contractor  RERF TEAROFF FINALED RERF TEAROFF ISSUED Total for: RERF  392 COTTONWOODLANE ROCHA &I MOLINA 515 WEST CALIFORNIA! STREE ARYANNA CATTELL  854110039 Permit] Name TEAROFF 842131019 Permit Name TEAROFF  ROOFKTECHNOLOGIESI LLC STEVE GRIFFIN CONSTRUCTIC  26,495.42 573.40 Valuation 21,150.00 34,100.00 1,500.00 1,500.00  Permit No./Issued RC2408-005 9/12/2024 8/8/2024 9/6/2024 RC2409-003 9/20/2024 8/30/2024 9/18/2024 RC2409-001 9/13/2024 9/5/2024. 9/12/2024 RC2409-002 9/13/2024 9/5/2024. 9/12/2024 RC2408-004 9/23/2024 8/16/2024 9/13/2024 PERM133  Applied/Approved TypeSub-TypeStatus Site Address and] Parcel No. Owner and Contractor  Fees 730.05 433.93 212.90 212.90 819.51  RIVCOUNTY SOLAR ISSUED RIVCOUNTY ISSUED RIVCOUNTY FINALED RIVCOUNTY FINALED RIVCOUNTY ISSUED  485001 HIGHWAY95 806350026 Permit Name ROOF MOUNT SOLAR 14201 16THAVENUE 866080007 Permit Name ROOFMOUNTSOLAR 231401 DEFRAIN! BOULEVARD MWD 875131009 Permit Name ELECTRICAL 1249124THAVENUE 872360003 Permit Name ELECTRICAL 872100004 Permit Name CARPORT  SOTO&A ARANJO BETTER EARTHELECTRICINC TERRY &. JANET WHITE BRIGHTI PLANET SOLAR: INC SHAWN/COPELAND MWD SHAWNCOPELAND OWNER  237611 NEIGHBOURS, BOULEVA GAMALIEL& OLGAGONZALE 34,416.00  CW -33-    10/3/2024 11:33:40AM  City of Blythe PERMITS ISSUED For the Period 9/1/2024 thru! 9/30/2024  Page 5  Total for: RIVCOUNTY  92,666.00 2,409.29 2,409.29  Permit No./Issued B2409-015 9/24/2024 9/18/2024 8/30/2024  Appli-d/Approved TypeSub-TypeStatus Site Address and Parcel No. Owner and Contractor  Valuation 4,644.00 4,644.00  Fees 229.27 229.27 $2,187,619.09 $53,902.05 $53,902.05  Paid 229.27 229.27  SIGN ISSUED Total for: SIGN  8001 WESTI HOBSONWAY 836123001 Permit Name Wall Sign  GARCIA&A ALONSO SIGNMASTERS  441 Permits Issued from 9/1/2024 Thru 9/30/2024  Total Valuation: Total Fees: Totall Fees Paid:  10/3/2024 11:42:14AM  City of] Blythe Cases Opened (By Type) For thel Period 9/1/2024 thru 9/30/2024  Type of Case BLDG COMPLAINT FIRE WEED  Number opened 4 3 1 5  Total Cases Opened: 13 Cases closed: alo  Cases: 351  Remaining  -34-    10/3/2024 11:34:51AM  City of Blythe  Page 1  Permits Applications Received For the Period 9/1/2024 thru 9/30/2024  Permit No. Applied Type BP2409-001 9/3/2024 BURNPERMIT Permit Name Tumbleweeds, Piled Wood Waste/Brush- Description: BP2409-002 9/5/2024 BURNPERMIT Permitl Name Description: BP2409-003 9/4/2024 BURNPERMIT Permit Name Palm fronds, alfalfa, piledy wood waste/brush Description: Permitl Name TUMBLEWEEDS Deseription: BP2409-005 9/20/2024 BURNPERMIT Permit Name TUMBLEWEEDS, PILES WOOD, BRUSH Description: BP2409-006 9/23/2024 BURNPERMIT AGBURN ISSUED Permit Name Date Farm-palm fronds & piled woody waste/brush Description:  Subtype  Status  Site Address/Parcel. No. 869042009 854110036 857020016 824200013 857190012 301 SIEGFRIEDLANE 839120028  AppleamvOmmerCamtnda: JOHN & VIRGINIAROBERISON OWNER DONALD&N MARY WATTS ALCANTAR&: SCHAD CODYI MARTIN TRAVISI MACK MARTIN MICHAELAGINDYLANCE GERARDOCASTRO GCPRODUCEINC  APPLIED 601 SOUTHLOVEKIN: BOULEVARD JOHN ROBERTSON  FINALED 3I2COTTONWOODLANE  APPLIED 987EAST ELEVENTHAVENUE ALCANTARE SCHAD.  BP2409-004 9/20/2024 BURNPERMIT AGBURN FINALED 1926 WEST HOBSONWAY  APPLIED 2047 AGATE: TERRACEI ROAD  P PermitApplications from 9/1/2024 Thru 9/30/2024  10/3/2024 11:35:52AM  City of Blythe  Page 1  Permits Applications Received For the Period 9/1/2024 thru 9/30/2024  Permit No. Applied Type L2409-001 Permit Name Description: L2409-002 Permitl Name Description: L2409-003 Permit Name Description: L2409-004 Description:  Subtype Status  Site Address/Parcel. No. 854020017 836090043 851130029 836080059  Applicant/Owner/Contractor CASTELLOUSA 890HOBSONLLC SURE STAY BYI BEST WESTERN ZEILERI PROPEKTIESLLCETAL AMRATBHAI &1 TARUNABHAKTA SIZZLER USAI RESTAURNATS, INC  9/11/2024 BUSINESSLICENS 9/16/2024 BUSINESSLICENS 9/17/2024 BUSINESSLICENS 9/20/2024 BUSINESSLICENS  APPLIED 890EASTI HOBSONWAY APPLIED 825 WEST HOBSONWAY APPLIED 18471 EASTI HOBSONWAY APPLIED 1101 WEST HOBSONWAY  Permit Name NEWI BUSNIESS OWNER  Permit Applications from 9/1/2024 Thru 9/30/2024  -35-    10/3/2024 11:39:23AM  City of Blythe  Page 1  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  PLANNER NAME: MALLORY CRECELIUS Project Number Project Type  Project Name  Status of Project Date Approved Date Closed  Owner Name Site Address  Date Applied Date Expired 9/6/2024  PRC2409-001 PRC Comments: PRC2409-002 PRC Comments:  Ocean Pacific Energy RNG Fueling Station RECIEVED  WEV: BLYTHE LLC &  5001 BLOCK OFSOUTH! INTAKE BOULEVARD  Intake Plaza  RECIEVED  FISCHER & MILLER  9/10/2024  3001 block SOUTH! INTAKE, BOULEVARD  Total Projects for MALLORY CRECELIUS For the Period 9/1/2024 thru 9/30/2024:2  10/3/2024 11:39:23AM  City of Blythe  Page 2  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  PLANNER NAME: MICHELLE VAN DYKE Project Number Project Type  Project Name  Status of Project Date Approved Date Closed RECIEVED  Owner Name Site Address  Date Applied Date Expired 9/30/2024  TUP2409-001 TUP Comments: VP2409-001 Comments:  Trunk-or-Treat Event  TOBUREN & HAWLEY 155- 175NORTH SPRING STREET VACANT PROPERTY LUIS OCTAVIO ROCHA 4491 NORTH SEVENTH STREET  RECIEVED  9/5/2024  Total Projects for MICHELLE VAN DYKE For the Period 9/1/2024 thru 9/30/2024:2  -36-    10/3/2024 11:40:39AM  City of Blythe  Page 1  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  PLANNER NAME: RICKY AGUILAR Project Number Project' Type  Project Name  Status of Project Date Approved Date Closed COMPLETED  Owner Name Site Address GRAFFITI 41 EIGHTEEN CAPITAL VENTURES 9501 EASTHOBSONWAY GRAFFITI  Date Applied Date Expired 9/4/2024  G2409-001 Comments: G2409-002 Comments: G2409-003 Comments: G2409-004 Comments: G2409-005 Comments: G2409-006 Comments: G2409-007 Comments: G2409-008 Comments: G2409-009 Comments:  covered graffiti  speed limit sign  COMPLETED  9/4/2024  70001 block of WC CHANSLORWAY  GRAFFITI  covered graffiti  COMPLETED  CALLAN OIL: DISTRIBUTING INC 332 WEST CHANSLORWAY GRAFFITI BLYTHE RA320LLC 8901 EASTHOBSONWAY GRAFFITI FRANCISCO & ROSALANDEROS 8621 EASTHOBSONWAY GRAFFITI FERNANDOGUERRA 2801 EASTHOBSONWAY GRAFFITI  9/4/2024  covered graffiti  COMPLETED  9/4/2024  covered graffiti  COMPLETED  9/4/2024  covered graffiti  COMPLETED  9/4/2024  covered graffiti  COMPLETED  ALVARORIGUADALUPE DAVILA 370 SOUTHLOVEKIN, BOULEVARD AUJLA & BLYTHE REAL: ESTATE 400 SOUTHI LOVEKIN BOULEVARD  9/4/2024  GRAFFITI  covered graffiti  COMPLETED  9/4/2024  GRAFFITI ALAN DALE WEEKS 123 SOUTH! MAIN STREET  covered graffiti  COMPLETED  9/4/2024  PROI15  CRW/SYSTEMS.37    10/3/2024 11:40:39AM  City of Blythe  Page 2  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  G2409-010 Comments: G2409-011 Comments: G2409-012 Comments: G2409-013 Comments: G2409-014 Comments: G2409-015 Comments: G2409-016 Comments: G2409-017 Comments: G2409-018 Comments: G2409-019 Comments:  GRAFFITI NATHAN. MUMME, TRUSTEE 316 WESTI HOBSONWAY GRAFFITI ARTURO: SOTO 648 WESTI RICE STREET GRAFFITI  covered graffiti  COMPLETED  9/5/2024  covered graffiti  COMPLETED  9/5/2024  covered graffiti  COMPLETED  KARMA DALII DEV &1 METEOR MNGT 379 SOUTHLOVEKIN: BOULEVARD  9/5/2024  GRAFFITI VILLAGE RETREAT 3011 NORTH EIGHTH STREET  covered graffiti  COMPLETED  9/5/2024  GRAFFITI  traffic light control box  COMPLETED  9/5/2024  2001 block OfSLOVEKINI BLVD  GRAFFITI 170SSPRING: ST GRAFFITI 1001 block OfEUNICE CIR GRAFFITI APPLEBY, PROJECT LLC 401 SOUTH THIRD STREET GRAFFITI HERRERA & ROBLES ETA AL 322 WESTHOBSONWAY GRAFFITI  covered graffiti  COMPLETED  COACHELLA VALLEY HOUSING COALI  9/5/2024  cbu box  COMPLETED  9/5/2024  covered graffiti  COMPLETED  9/11/2024  covered graffiti  COMPLETED  9/11/2024  covered graffiti  COMPLETED  CASA] ENCINAS BLYTHE LLC 22001 EASTI DONLON STREET  9/11/2024  PROJ15  CRWSYSTEMS  -38-    10/3/2024 11:40:39AM  City of Blythe  Page 3  Projects by Type, Status and Date For1 the Period 9/1/2024 thru 9/30/2024  G2409-020 Comments: G2409-021 Comments: G2409-022 Comments: G2409-023 Comments: G2409-024 Comments: G2409-025 Comments: G2409-026 Comments: G2409-027 Comments: G2409-028 Comments: G2409-029 Comments:  GRAFFITI 170SSPRINGST GRAFFITI 3001 block of TESOROLN GRAFFITI  covered graffiti  COMPLETED  COACHELLA VALLEY. HOUSING COALI  9/11/2024  stop sign  COMPLETED  9/12/2024  STOPSIGN  COMPLETED  9/12/2024  4001 block ofl RIVER VALLEY. AVE  GRAFFITI  one way sign  COMPLETED  9/12/2024  2001 block of W: HOBSONWAY  GRAFFITI  stop sign  COMPLETED  9/12/2024  1001 block ofN CARLOTON. AVE  GRAFFITI 10001 block of] BRUCECT GRAFFITI 4001 block of ACACIAST GRAFFITI ANTHONY: FI ROSSETTI 495 NORTH MAIN STREET  stop sign  COMPLETED  9/12/2024  neighborhood watch sign  COMPLETED  9/12/2024  covered graffiti  COMPLETED  9/18/2024  GRAFFITI CUSICK FAMILY TRUSTI DTD 1091 761 EASTHOBSONWAY GRAFFITI 4001 block ofN] PALM: DR  covered graffiti  COMPLETED  9/18/2024  sidewalk  COMPLETED  9/18/2024  PROJ15  CRW/SYSTEMS39.    10/3/2024 11:40:39AM  City of Blythe  Page 4  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  G2409-030 Comments: G2409-031 Comments: G2409-032 Comments: G2409-033 Comments: G2409-034 Comments: G2409-035 Comments: G2409-036 Comments: G2409-037 Comments: G2409-038 Comments: G2409-039 Comments:  GRAFFITI HAMID. AGHASSI 286COTTONWOODLANE GRAFFITI TODD & ESCOBEDO 2861 NORTH. FIRST STREET GRAFFITI HOLT GROUPRE PPARTN 201 EASTHOBSONWAY GRAFFITI PROVIDENT SAVINGS BANK SOEASTHOBSONWAY GRAFFITI  covered graffiti  COMPLETED  9/18/2024  covered graffiti  COMPLETED  9/18/2024  covered graffiti  COMPLETED  9/18/2024  covered graffiti  COMPLETED  9/19/2024  covered graffiti  COMPLETED  SYLVIAI MARCOTTE CLOUTIER 129 SOUTH PALMI DRIVE GRAFFITI GOTTBERG & ENTIN: ETAL 1491 EASTI HOBSONWAY GRAFFITI SUKRAT & MARWA NAMOU 8031 EASTI HOBSONWAY GRAFFITI 4001 block OfEAVEB GRAFFITI 1001 block ofs PALM. DR GRAFFITI  9/19/2024  covered graffiti  COMPLETED  9/19/2024  covered graffiti  COMPLETED  9/19/2024  stop sign  COMPLETED  9/19/2024  stop sign  COMPLETED  9/19/2024  fire hydren  COMPLETED  9/19/2024  3001 block ofl NI EUCALYPTUSAVE  PROI15  CRW/SYSTEMS  0    10/3/2024 11:40:39AM  City of Blythe  Page 5  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  G2409-040 Comments: G2409-041 Comments: G2409-042 Comments: G2409-043 Comments: G2409-044 Comments: G2409-045 Comments: G2409-046 Comments: G2409-047 Comments: G2409-048 Comments: G2409-049 Comments:  GRAFFITI  1--->" sign  COMPLETED  9/19/2024  3001 block of] EI DONLON: ST  GRAFFITI 1001 block ofE 14TH. AVE GRAFFITI THE1 LORD WE TRUST 439SOUTHLOVEKIN BOULEVARD  CBUE BOX  COMPLETED  9/19/2024  covered graffiti  COMPLETED  9/19/2024  GRAFFITI VILLAGE RETREAT 301 NORTH EIGHTH STREET  covered graffiti  COMPLETED  9/19/2024  GRAFFITI  covered graffiti  COMPLETED  MY THREE SONS INVESTMENTS, INC 1652 EASTI HOBSONWAY GRAFFITI WRI LANDEROS, LLC 14951 EASTI HOBSONWAY GRAFFITI THEI LORD WE TRUST 439 SOUTHI LOVEKIN BOULEVARD  9/25/2024  covered graffiti  COMPLETED  9/25/2024  covered graffiti  COMPLETED  9/25/2024  GRAFFITI DESERT HORIZON 691 WESTHOBSONWAY GRAFFITI  covered graffiti  COMPLETED  9/25/2024  sewer lift  COMPLETED  9/25/2024  3001 block of S INTAKE BLVD ARVINJ.& JANICE D. DOBBS 131 NORTH MAIN STREET  GRAFFITI  covered graffiti  COMPLETED  9/25/2024  PROJ15  CRW/SYSTEMS  41-    10/3/2024 11:40:39AM  City of Blythe  Page 6  Projects by Type, Status and Date For the Period 9/1/2024 thru 9/30/2024  G2409-050 Comments: G2409-051 Comments: G2409-052 Comments: G2409-053 Comments: G2409-054 Comments: G2409-055 Comments: G2409-056 Comments: G2409-057 Comments: G2409-058 Comments: G2409-059 Comments:  GRAFFITI ANTHONYFROSSETTI 4951 NORTH MAIN STREET  covered graffiti  COMPLETED  9/26/2024  GRAFFITI  covered graffiti  COMPLETED  CASA ENCINAS BLYTHE. LLC 22001 EASTI DONLON: STREET  9/26/2024  GRAFFITI  stop sign  COMPLETED  9/26/2024  400 alley way ofE 14TH. AVE  GRAFFITI  stop sign  COMPLETED  9/26/2024  300 alley way ofE1 DONLONS ST  GRAFFITI  fire hydren  COMPLETED  9/26/2024  3001 block ofEI DONLONS ST  GRAFFITI  stop sign  COMPLETED  9/26/2024  400 block ofEI DONLONS ST GRAFFITI  school xing sign  COMPLETED  9/26/2024  3001 block of SE BROADWAY GRAFFITI 1001 block of JULIANALN GRAFFITI  fire hydren  COMPLETED  9/26/2024  fire hydren  COMPLETED  9/26/2024  3001 block ofN SOLANO AVE  GRAFFITI  bus stop bench  COMPLETED  9/26/2024  12001 block OfEHOBSONWAY  Total Projects for RICKY AGUILAR For the Period 9/1/2024 thru 9/30/2024: 59  PROI15  CRW/SYSTEMS  42-    CITY OF BLYTHE FIRE DEPARTMENT MONTHLY INCIDENT AND ACTIVITY REPORT  September 2024  Incident  Total 30 3 7 2 5 47  Public Assist / Rescue / Medical Aid  Structure  Brush, Grass, Leaves Trash, Rubbish, Dumpster  Other  Total # of Incidents  Activity Drills Staff Meeting Races  4 1 2 7  Total Activities  Respectfully Submitted  Ronald Hasler, Fire Chief  -43-    OREA  BLYTHE POLICE DEPARTMENT 2401 North Spring Street . Blythe, CA 92225 *(760)922-6111  Garth V. Dale, ChiefofPolice  COLIO  Monthly Incident and Activity Report  September 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 2 5 1 8 8 4 3 4 1 6 3 2 8 1 0 6 31 10 1 3 11 153 1413  Abandoned Vehicle Abatement AVA Vehicles Tows Vehicle Red Tags Hospital Helicopter Landings Documented Police Reports Totall Incidents  -44-    151  OF BLP  BLYTHE POLICE DEPARTMENT 2401 North Spring Street . Blythe, CA 92225 *(760)922-6111  Garth V. Dale, ChiefofPolice  POLICS  Quality of Life Program  The statistics listed below reflect total numbers of the Quality-of-Life Program for September 2024.  Homeless Detail: People contacted. elsewhere.  September 183 5 4 10 0 2 1 2 6  Year to Date 1,913 54 46 100 16 12 22 7 27  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 a 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  11 2 3  69 20 30  minor violations. Vehicles stored  -45-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING DATE: October 8, 2024  SUBJECT:  MOUbetween City and PVUSD for the 2024/25 School Year and 2025  Summer School Programs  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 execute the Memorandum ofUnderstanding between City and PVUSD for the ELOI Program FISCAL IMPACT: The District will reimburse the City $4,000 per week ($800 per day) for participants engaged in the ELO Program at the Joe Wine Blythe Recreation Center. BACKGROUND: The District is required by AB 130 to provide an Expanded Learning Opportunities Program (ELOP). Thel ELOP provides funding for afterschool and summer school enrichment programs for Transitional-kinderganten through sixth grade students. District Staff worked with the City to provide an ELO Program for 2023 summer school participants at the Joe Wine Blythe Recreation Center. As the Summer School Program was successful, the City and PVUSD executed a MOU to continue the ELOP through the 2023/24 The MOU for the 2023/24 School Year and Summer School Session has expired. The City and District wish to continue the partnership and enter a MOU for the 2024/25 School Year and STAFF REPORT: The current ELO program is open to 300 students aged TK to 6th grade during regular school instruction days and the summer school session. To participate, parents may enroll their students ini the ELOI Program. Students are bussed to the. Joe Wine. Recreation In April 2024, the MOU was amended to: include an additional 10 days: three days during the Thanksgiving break, Lincoln's Birthday, and the six days of fair break. The MOU for the 2024/2025 School Year includes the addition of 5 days for Spring Break, Martin Luther King Day and President's! Day. MLK Day and Presidents Day are Cityobserved! Holidays but may be covered by the part time employees hired to staff the ELOP Program. The intent of these additional days is to assist working parents with childcare options when school is closed. The April addendum also added thej participation of7th and gth grades students int thep program, as funding permits. Thel MOU for the 2024/25 School year continues to allow students to through  once reviewed and approved by the City Attorney.  School year and Summer School session.  Summer School Session.  Center after school and can participate in activities until 5pm.  gth grade to enroll in the program.  -46-    As this program continues to be a success for both the City and the School District, staff recommends Council authorize the Interim City Manager to execute the Memorandum of Understanding between the City and PVUSD for the ELO Program once: it has been reviewed  and approved by the City Attorney. ATTACHMENT:  1. MOUbetween City and PVUSD- Draft  -47-    MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BLYTHE AND PALO VERDE UNIFIED SCHOOL DISTRICT  2024-2025 SCHOOL YEAR AND 2025 SUMMER SCHOOL PROGRAMS This Memorandum of Understanding ("MOU" or "Agreement"): is made by and between the Palo Verde Unified School District, a public local educational agency ("LEAhereinafter referred to as "District,"  and the City ofl Blythe, a municipal corporation, hereinafter: referredtoas "City".  RECITALS:  1. The District and the City have a joint use agreement dated April 4, 2023 ("2023 Joint Use Agreement"), which benefits the community'as a whole by providing for thej joint use off facilities, playgrounds, and outdoor playing fields (n order to reduce capital and operational costs to both governmental. jurisdictions. A copy ofthe 2023-Joint Use Agreement isi incerporated asi iffully set 2. Inr response to the COVID-19 pandèmic's deleterious effécts on school-age youth in the form of lost instruction andi needed support forsoeial and emotiogakwell-being, among other needs, federal and state agencies have provided one-time funding to LEAs, including the District, to address learning recovery by creating a program to expand instructional learning and provide summer 3. The District will receive a, grânt from the California Department of Education for Expanded Learning Opportunities in accordance with Education Code section 46120. In accordance with the requirements of Edueation Code seçtion 46120(b)(2), the District has developed an Expanded Learning OppertunitiesPregram ELO-PPlag, which was approved by thel District's Governing Board in a publict meeting held on August 1, 2023 and is posted on the District's website. The ELO-P: Plan' Templateprepargdlyt the Califorga Department of] Education provides that LEAS are ençouraged to collaberate with-non-LEA entities to administer and implement ELO-Ps. 4. The District will utilize the Çaliforia, Department of Education grant to collaborate with the City with respect to the District's 2024-2025 School Year and 2025 Summer School Programs (Pogramsylegtovide. Expanded Learning Opportunities to student participants in grades TK-6 and, should funding, allow, grades 7-8 ('Participants"). The Programs will include before-school activities during the school year and summer school activities at the Felix. J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White Elementary School, and after- school activities and recreation time provided by the City in the afternoon at the. Joe Wine Blythe Recreation Center, located at 127S. Main St., Blythe, California ("City's Recreation Center").Full- day activities and recreation time will also bej provided by the City at the City's Recreation Center during thei following school holidays/breaks: Thanksgiving Break (November 25-27,2024), Martin Luther King Day (January 20, 2025), Lincoln's Birthday (February 10, 2025), President's Day (February 17, 2025), Fair Break (March 10-14, March 17, 2025) and Spring Break (April 21-25, 2025). The City's program is hereinafter referred to as the "Rec Center Program". 5. City and District intend and desire that this Agreement be effective retroactive to August 1, 2024.  forth herein and attached hereto as Exhibit A.  school or other activities in-accord with The respective funding rules.  1Page  -48-    AGREEMENT  1. The 2024-2025 School Year Program: During the 2024-2025 School Year, the District will provide before-school opportunities starting at approximately 7:30 a.m., Monday through Friday (excepting holidays), to Participants at Felix J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White Elementary School. The before-school portion oft the program will allow Participants to engage in learning activities that align with core academic instruction. Following the regular school day, Participants who also signed up for the Rec Center Program willl bei transported to the City'sRecreation' Center, wheret the City will assume supervision ofa and responsibility for Participants and will provide ai recreation-based program for Participants Full-day activities and recreation time will also be offerededuring Thanksgiving Break (November 25-27, 2024), Martin Luther King Day (January 20,9025),Limgeln" 'sl Birthday (February 10,2025), President's] Day (February 17, 2025), Fair Break(March 10-14,Màrch 17, 2025) and Spring] Break (April 21-25, 2025) during the 2024-2025 Schgol Year, from 8:00am. until 5:00 p.m. The full- day activities and recreation time will take place in their entirety at the City's Recreation Center, 2. The 2025 Summer School! Program: During theq025.Summary School Program, thel District will provide instruction and classes/from 8:00: a.m. to 12:00p-m., Monday through Friday, June 16-July 17 (20 days, excepting holidaysy to-Participants at Felix J. Appleby Elementary School and/or other District-chosen summer schop! locations Thei instruction and classes will allow Participants to engage in learning activities that glign withçore academic instruction. Following the District- lead instruction and elasses, Participagts who are signed up for the Rec Center Program will be transported to the Eity's Recreation Center, where the City will assume supervision of and responsibility/for: Participants ànd will providea recreation-based program for Participants until 3. Maximum Number of Participants: City and District agree that due to the capacity oft the City Récreation Genter, thei number of Participants enrelled in the Rec Center Program shall: not exceed 4. Eligibility: District students who arei enrolled in grades TK-6 and, should funding allow, grades 7- 8f fort the/2024-2025 SchoglYear: mayparticipate in thel Programs. Eligible students may: participate in only themorning portioproft the Programs, or in both the morning and afternoon portions oft the Programs. Participants may only attend the Rec Center Program during the school year if they attended school-that day, AThe foregoing notwithstanding, students may also attend thel Rec Center Program during any portion or the entirety of the day on any of the school holidays/breaks enumerated: in Section, above. The District acknowledges and agrees that it shall be responsible forj providing tot the Citythe names ofs students who willl be attending thel Programs on any particular day. The City shall be responsible for ensuring that only those students identified by thel District willl be allowed to participate in1 the City-run portions oft thel Programs on that day. Should a student whoi is not eligible toj participate int the City-run portion ofthe! Programs that day arrive at the City's Recreation Center with the intent of participating in the Rec Center Program, the City shall be responsible for contacting the student's parent, guardian, or caregiver in order to have the student picked up. Enrollment in the Rec Center Program shall be entirely voluntary and at the discretion 5. Meals: Meals, including al healthy breakfast, lunch, and snack, will be provided to Participants by the District Nutrition Services Department prior to being transported to the City's Recreation  until 5:00 p.m.  where the City will assume: supervision of andvesponsibility for Participants.  5:00p p.m.  300 at any time.  ofeach Participant's parent/guardian.  2Page  -49-    Center on days other than the enumerated school holidays/breaks. The City will also provide healthy snacks to Participants during the Rec Center Program. On school holidays/breaks enumerated in Section 1, above, the City shall provide all meals and snacks for participants, including a healthy breakfast, lunch, and/or snacks, during the Rec Center Program. The District Nutrition Services Department shall cooperate with the City's Recreation Center and provide 6. Transportation: At the conclusion oft the regular school day during the 2024-2025 School Year, and the conclusion ofinstruction and classes each day during the 2025 Summer School Program, the District will transport Participants who are signed up for the Rec Center Program from the Participant's respective school sites to the City's Recreation Center. At the conclusion of the Rec Center Program, and no later than 5 p.m., the District shallprovide return transportation to the Participants' respective school sites unless aj parent, guardian,er caregiver picks up the Participant The District shall also provide transportation to andfrom theCity's Recreation Center during the enumerated school holidays/breaks. There wilbelone home toCity's Recreation Center route in the morning, with Participants picked up at approximately 8 a.m, and one return route in the The District shalll bei responsible for Participants.daring: anftransportation provided by the District. 7. Supervision: Participants in thaseportions ofthe Programs taking place before school and during the summer on District school gtounds (Felix J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White. Elèmentary Schoel) shall be supervised by school site principals. Once Participants are droped off àheGity'sl Reereâtion Center, the City will assume supervision of andresponsibility for Participants-And forprovidinga recreation-based program for Participants undl 5-00 p.m. The District acknowledges and agrees that minors are: not permitted at the City's Recreation Centeryafter 5:00 p.m without aj parent or guardian and that Participants in the Rec Center Program must bepicked up fromthe City's Recreation Center by aj parent, guardian, 8. District Daiptpayeageange forallowing) Participants to attend thel Rec CenterP Program, and for providing supervisionand oversight ofParticipants at all times from drop-off at the City's Recreation Center untl 5:00 p.m the District shall pay the City $4,000.00 per week ($800.00 per day). The District shallyotbe chargedany additional fees by the City, including any fees described int the! 2023.Joint Use. Agreement, in connection with this Agreement. Payment shall be made by The District shal facilitate the Rec Center Program enrollment process for all Participants. The District shalll be responsible for advertising in communications to' students and parents/guardians, drafting the District'senrolment form, assisting in thei form's completion, and providing copies of enrollment forms to thel Rec Center Program prior tot the first day oft thel Participant's participation in the Rec Center Program or within 48 hours of receipt, excluding weekends and holidays, The enrollment forms shall includet thei name, age, and gender ofthel Participant, thej parent/guardian name and contact information, emergency contact information, relevant medical information, including, but not limited to, serious health problems and current medications, and any other The parents/guardians ofl Participants int thel Rec Centerl Program shalll bei required to sign the City's Participant Agreement and' Waiver and Release ofLiability ("Waiver"),ac copy ofwhichi is attached  consultation regarding healthy meal and snack choices for Participants.  from the Rec Center Program.  afternoon, with Participants picked up nolater than 5j p.m.  or caregiver, or by District tansportation, by 5.00 p.m.  the District.within 30 daysofreceipt of an undisputed invoice from the City.  whichever occurs: first, for Participants who opt for thel Rec Center Program.  relevant information.  3Page  -50-    hereto as Exhibit B. Nothing int the Waiver shall be construed toi relieve the City ofitsr responsibility All enrollment forms, including the City's Waiver, when applicable, shall be completed prior to The first enrollment window for the Rec Center Program shall be from July 31, 2024 through August 9, 2024. Additional enrollment windows willl be available at various times throughout the 9. - City Obligations: The City will provide supervision and oversight of all Participants in the Rec Center Program, from drop-off at the City's Recreation Center until each Participant has been picked up by a designated parent, guardian, or caréyiver, or by District transportation. Notwithstanding the Waiver, the City shall exercise duédiligence to ensure the safety oft the Rec Center Program Participants. The District shall havene supérvisory or oversight obligations over Participants from the time Participants are droppedoff at the City's Recreation Center until 5:00 p.m., when Participants are picked up by A parent, guardian, or caregiver, or by District transportation. Under. no circumstances shall the City be responsible for transportation of The City acknowledges and agrees that the sthgte-studenifatio: must meety the-District's: minimum requirements of 1:20 for grades-1-6 and 1:10 for gradés TK-K, as required-by Education Code section 46120(b)(2)(D). The Gity shall provide staffforthe Rec Center Program who have been vetted through the Ciysemplouenones: and complèted the fingerprinting process described 10. Fingerprinting: The City, hereby ackpowledges Sthat Education Code section 45125.1 applies to City staffworkingin thei Recfenter) Program pufsuant tehis-Agreement. Section 45125.1 provides that any entityethat has a contract with any LEA shall ensurethat any employee who interacts with pupils, outside eimmadAtEswperason and control of the pupil's parent/guardian or a school employee, has a valideriminal records summary. The City expressly acknowledges that: (1) All Cityémployees working MitheReeÇenter Program must submit or have submitted fingerprints in amanner authorized by the Department of Justice ("DOJ"); (2) The City shall not permit any employee to come imicontactwith students untithe DOJ has ascertained that the employee has not been convicted of a serious or wiolent felony; (3) The City shall certify in writing to the Governing Boardof the District thatnone of itsemployees who may comei in contact with students have been convictedof: a serious oridlent felony, and (4) The City shall provide to the Governing Board of the District a-list of names of its employees who may come in contact with students. The City is The City must nowfy the District within five (5) business days of a subsequent arrest notification from thel DOJofany Caly employees who work or have worked: in thel Rec Center Program pursuant to this Agreement. Ift the City receives notice from any entity that a City employee working in the Rec Center Program pursuant to this Agreement has been arrested for any reason, the City must notify the District within five (5) business days of receipt of notice. If a City employee is disqualified from working int thel Rec Center Program pursuant tother requirements ofthel Education Code, the City agrees to provide a replacement employee within fifteen (15) days of receiving 11. Confidential Records and Data: Neither party shall disclose confidential records received from the other party, including student records pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g, et seq., and! Education Code section 49060, et seq.  tos supervise and oversee the safety of] Participants int thel Rec Center Program.  participation in the Programs.  school year, at the District's discretion.  Participants in the Rec Center Program.  herein.  -  required to fulfill these: requirements at its own expense.  notification that the previous employee has been disqualified.  4Page  -51-    12. Inspection and Maintenance of Facilities: The City shall be solely responsible for the maintenance and conditions of the City's Recreation Center property and facilities. The District and its authorized representatives shall have the right, at any reasonable time during regular hours oft the City's Recreation Center during thet term of this MOU and upon reasonable notice to City, to enter the City's Recreation Center to inspect the property as needed in connection with this MOU. Failure toi maintain the City'sl Recreation Center property or facilities toi the standards called for by thel Program, as determined! byt the District in its sole discretion, may be cause for1 termination 13. Effective Date; Term: This MOU shall be effective retroactive to August 1, 2024. The term of 14. Assignment: Neither party may assign its interest in thisMOU without the other party's written 15. Termination: Failure to comply with any material provision of this MOU and to cure any such failure within a period of ten (10) business days following feceipt of a written notice of noncompliance from the other party, or, with respect to noncomprance which cannot with due diligence be cured within such ten (10)business days period, failure to proceed promptly and diligently to cure the noncompliance, shall-çonstitute a material breachofthe MOU and furnish grounds fori immediate termination ofthis MOUfor causeNotice oft termination shall bej provided 16. Dispute. Resolution: In the eventanydispute: arises underthe terms of this MOU, the parties shall meet and confer within five (5) business days-of the requestof either party with the objective of If, within fourteen (14) calendar days ofthe first meetand confer," or such longer period. as may be agreed upon by the parties. the disputeçahnet be resolvedby the parties' representatives to the parties' mutual satisfaction, either party may request mediation. Thej parties shall mutually selecta a neutral and qualificamediatoh, with expertisenethe area of the dispute, to facilitate the: resolution of thédspute-Ift thej partres are unablèto agreeon. ai mediator within fourteen (14) calendar days, the parties shall request that. the. American Arbitration Association (AAA)appoint ai mediator. The mediation will be held in Blythe, California unless otherwise agreed to by the parties. The mediation shall be conducted in. accordance with the then-current commercial Mediation Procedures oft the Americân. Arbitration Association.. Absent written agreement ofthep parties tot the contrarythe: mediation process shallbe completed or terminated within sixty (60) calendar days of the initialgrequest for medjation. The mediator's fee shall be shared equally between the District and the City. The medatg"srcommemdition for settlement, if any, shall be nonbinding on the Completion of mediation shalll be a condition precedent to arbitration unless the other party refuses to cooperate in thes setting ofr mediation. Ifthe dispute isi not resolved through mediation, the parties may mutually agree to resolve their dispute through binding arbitration. Either party may make a request to the other for arbitration. Ifthe other party does not agree to arbitration within ten (10) 17. Attorneys' Fees: In any legal action to enforce any of the terms of this MOU, each party shall bear its own attorneys' fees and costs, and: neither party shall bel liable for any such fees and costs 18. Force Majeure: Neither party shall be held liable for any delay in or failure ofi its obligations or performance where such delay or failure arises by reason of any Act of God, or of acts of a  in accordance with Section 15 oft this MOU.  this MOU shall commence on August 1,2 2024 and end on July 30, 2025.  consent.  in writing.  resolving such dispute.  parties. Mediatien/pursuaht to this] provision shall bej private and confidential.  days, thei request shall be deemed denied.  incurred by the other party.  5Page  -52-    governmental body, acts of the common enemy, the elements, strikes or labor disputes, or other causes beyond the party's reasonable control. The non-performing party must make every reasonable attempt to minimize delay of performance. Ifthe event continues for longer than 120 days, either party may terminate this MOU by providing written notice to the other party. 19. Independent Contractor: The City shall be an independent contractor forj purposes oft this MOU and shall have control of the City's Recreation Center. Neither party is to be considered an agent or employee of the other, nor are employees of one agency entitled to participate in any pension 20. Entire Agreement: This MOU expresses the entire agreement between the parties concerning the subject matter of this MOU, with the exception of the 2023 Joint Use Agreement, which is incorporated as if fully set forth herein, and there areo other understandings, agreements, representations, or warranties, express or implied, not-set_forth or specified in this MOU or the 2023. Joint Use. Agreement. This MOU supersedes all other agreements, verbal or written, relating to the subject matter hereof, excluding the 2023Joint Use Agreement. The parties explicitly acknowledge that the Liabilities and Indefanification, Liability Insurance, and Workers' Compensation provisions of the 2023 Joint se Agreement shall apply to this Agreement. 21. Conflict in Agreements: Where conflicts exist, the terms of this MOU prevail over all other 22. Amendments: This MOU may not be amended exeept in writing signed by the duly authorized 23. Waiver: The failure oft the City or the-Districtte insist upon stpict performance ofa any oft thet terms, conditions, or coyenants in this MOUwill not bedeemed a waiverof any right or remedy that the City or the District may have and will not bé deemed a waiver of any right or remedy for a subsequent breach or defaultofthe terms,condtions, or covenants herein contained. 24. Binding Effect: This MOU and-all the terms, covenants, conditions, and agreements herein contained will. be bindingpon andinure to the benefit of the parties hereto and their respective 25. Non-Diserimination, Neither the. District nor the City, nor their respective employees, shall discriminate on the basis of race, religion, color, ancestry, sex, disability, national origin, or any other prohibited grounds against anyperson seeking employment or services from the Programs. 26. Notices: Except as otherwise expressly provided herein, any written notice required by this Agreement shall be deemed given and received when personally served or 48 hours after being placed in the United Stâtes-mail, with proper first-class postage prepaid, and addressed as follows:  plan, insurance, bonus, or similar benefits the party provides toi its employees.  agreements.  representatives ofboth parties.  successors.  - /  Palo Verde Unified School District Superintendent" 's Office 825N. Lovekin Blvd. Blythe, CA92225  City of Blythe Office of the Cityl Manager 235 N. Broadway Blythe, CA 92225  Any party hereto may give notice of an address change under the provisions ofthis section, and, 27. Section Headings: Section headings are included for the convenience of the parties and are not  thereafter, all notices shall be given to that address. intended to define or limit the scope oft this MOU.  6Page  -53-    28. Duplicate Originals: This Agreement may be executed in duplicate originals bearing the original signature of each party, and, when sO exeçuted, any such duplicate original shall be admissible as 29. Severability: In the event a court of competent jurisdiction finds any term or clause in this Agreement to bei invalid, unenforceable, or illegal, the same will notl have an impact on other terms 30. Governing Law: This MOU shall be governed and interpreted in accordance with the laws of the 31. Jurisdiction and' Venue: Jurisdiction and venue int the event efany litigation or action commenced by one party against the other shall be only in the Califemnia State Court having subject matter jurisdiction located in Riverside County, California. Bach party hereby expressly consents to the  proofo ofthe existence and terms oft this MOU.  orc clauses in the. Agreement or the entire. Agreement.  State of California.  personal jurisdiction of and in the venue of the foregéngcpurts.  Palo Verde Unified School District  City ofBlythe  April Smith Date:  Mallory Crecelius Interim City Manager Date:  Palo Verde Unified School District Superintendent  APPROVEDASAOFORM:  APPROVED AS TO FORM:  Robert Tuerck Palo  Brittany Roberto City Attorney    Blpiednge  7IPage  -54-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING DATE: October 8, 2024  SUBJECT:  Amendment Number One to the City of Blythe Amended and Restated  Finance Director Employment Agreement  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager  RECOMMENDATION: Authorize thel Interim City Manager to execute. Amendment Number One to the City of Blythe Amended and Restated Finance Director Employment Agreement FISCALIMPACT: Salary and benefits budgeted in] FY 2024/25. The Agreement includes a base salary of$139,500 with annual cost ofliving salary increases oftwo- and one-halfpercent (2.5%) effective October 12, 2025 and October 12, 2026 and a one-time signing bonus ofone BACKGROUND: Christa Elms has served in the position of] Finance Director since October 2017.Mrs.. Elms served as. Interim Financel Director from 20151 to 2017. Prior to 2015, shel hada long career in various roles within the City of Blythe's Finance Department. In 2020 the Council approved the Amended and Restated Finance Director Employment Agreement. Said agreement expires on Octoberl1,2024.Ast the Interim City Manager wishes to continue Mrs. Elms' employment as the City's Finance Director, both parties entered negotiations. Negotiations concluded and the City Attorney was directed toj prepare the attached STAFF REPORT: Christa Elms continues to do an exemplary job as Finance Director. The City'sf financial position and fiscal health continues toi improve under her leadership. The City now has rainy day funds and can set aside funds for pension liabilities and capital expenses. Aside from her typical duties as. Finance Director, Christa worked extremely hard to purchase new vehicles for the City's fleet, including much needed police cars, working directly with This year, Mrs. Elms secured a new auditing firm after the City's our long term consultant retired with little notice. Considering this. she has kept the City on track to deliver audited financial statements. This year she will conduct the next City-wide user fee study and is tasked with finding a new financial software system for the City as our current system will be  between the City of Blythe and Christa Elms.  thousand five hundred dollars ($1,500).  Amendment to the Employment Agreement.  vendors to find vehicles amid supply chain issues.  unsupported in the next few years. ATTACHMENTS: 1.  Amended and Restated Finance Director Employment Agreement  -55-    AMENDMENT NUMBER ONE TO CITY OF BLYTHE AMENDED AND RESTATED  FINANCE DIRECTOR EMPLOYMENT AGREEMENT  THIS AMENDMENT NUMBER ONE TOCITY OF BLYTHE AMENDED AND RESTATED FINANCE DIRECTOR EMPLOYMENT AGREEMENT ("Amendment"), is made and entered into as of October 8, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipal  corporation ("City"), and CHRISTA ELMS, an individual ("Employee"). Employment Agreement dated February 9, 2021 (the Agreement); and on October 12, 2020 and ending on October 11, 2024; and  WHEREAS, City and Employee entered into an Amended and Restated Finance Director WHEREAS, Section 2.1 of the. Agreement provides for a term of four (4) years, beginning WHEREAS, City and Employee desire to extend the term oft the Agreement for three (3) WHEREAS, City and Employeé desire to amend the Agreement as set forth herein.  years, through October 11, 2027; and  NOW, THEREFORE, City and Employee agree as follows: Section 2.1 of the Agreement is amended to read as follows:  1.  The term of this Agreement is seven (7) years, commencing October 12, 2020 ("Commencement Date") and remaining in full force and effect through the end of the business day on October11, 2027 ("Initial Term"), unless otherwise terminated as set forth herein. Upon the expiration of the Initial Term of this Agreement, this Agreement shall automatically extend on a month-to-month basis until terminated as set forth herein.  2.  Section 3.0 of the. Agreement is amended to read as follows:  3.1. Salary. Effective October 12, 2024, City agrees to pay Employee for the services rendered pursuant to this Agreement at an annual rate of One Hundred Thirty- Nine Thousand Five-Hundred Dollars ($139,500.00), 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. Effective on October 12, 2025 and on each October 12 thereafter while this Agreement remains in effect, City agrees to provide Employee a cost of living salary increase in the amount of two and one-half percent (2.5%).  3.  Section 4.0 of the Agreement is amended to read as follows:  (a) Medical Benefits. The City's contribution for medical insurance for Employee and eligible family members will have a cap of $695.00 per month. All increases in  1of5  Amended and Restated Amendment One  Finance Director Employment Agreement  -56-    premiums above $695.00 will be paid by the City up to the 2014 rates as outlined below. All increases above the 2014 rates shall be paid entirely by Employee.  Plan  Individual Individual + One Individual + Two or  Dependent $1,086.42 $1,172.64 $1,276.44  More Dependents $1,412.35 $1,524.43 $1,659.37  Blue Shield Access $543.21 (HMO) PERS Gold Select (PPO) PERS Platinum (PPO)  $586.32 $638.22  (b) 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% oft 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. (c) Retirement Benefits. Employee shall be enrolled in the California Public Employees' Retirement System ("CalPERS") in accordance with the City'scontract with CalPERS. Employee understands and agrees that Employee shall be entitled to the 2.5% at age 55. (2.5% @ 55) pension formula for "classic miscellaneous" employee under CalPERS. Employee shall pay 4% of the current 8% member (d) Personal Business Leave. Employee may use up to six (6) days of sick leave per fiscal year for personal business leave, with prior approval from the City Manager. (e) Administrative Leave. 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 overi into the succeeding fiscal year. The maximum accrual is fourteen (14) days per fiscal year. Upon separation, Employee shall not be entitled to any (f) Vacation Leave. Employee shall accrue vacation leave at the rate of 7.5 hours per pay period to a maximum accrual of 355 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 inl 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 1 to be paid on the (g) 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.  contribution.  payment for unused administrative leave.  last pay period in November.  2of5  Amended and Restated Amendment One  Finance Director Employment Agreement  -57-    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, resignation, termination, or in the event Employee becomes deceased during the course of employment, which will 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.  (h) 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 peri 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. 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 Longevity Pay. City shall provide Employee Longevity Pay on a bi-weekly basis as $50.00 for five (5) years through nine (9) years of continuous service $100.00 for ten (10) years through fourteen (14) years of continuous service $150.00 for fifteen (15) years through nineteen (19) years of continuous service $200.00 for twenty (20) plus years of continuous service Section 5.0 of the Agreement is amended to read as follows:  ()  the same extent as other City employees.  ()  outlined below:  4.  During the term of this Agreement, the City Manager shall conduct an annual evaluation of Employee's performance. Unless otherwise agreed to in writing by the City Manager and Employee, the evaluation shall be conducted no later than the anniversary of the Commencement Date each year this Agreement is in effect. Employee acknowledges and agrees that because Employee will receive annual cost of living salary increases pursuant to Section 3.2 of this Agreement, Employee will not be entitled to any merit-based  increases in Employee's base salary following such evaluations. Section 6.3 of the Agreement is amended to read as follows:  5.  6.3. 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 herein, during the Initial Term, Employee shall be entitled to severance payi in an amount equal to four (4) months of Employee's base salary, or, if there are less than four (4) 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 unexpired1 term oft 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  3of5  Amended and Restated Amendment One  Finance Director Employment. Agreement  -58-    may be approved by the City Attorney, and Employee's satisfaction of the termination Employee shall receive one-time nonPERSable pay of One Thousand Five Hundred Doilars ($1,500.00) on the first full pay period following execution of this Amendment. Each of the parties acknowledges that she/it has been represented by independent legal counsel of her/its own choosing, or if not, has been advised to obtain independent legal counsel and has freely and voluntarily waived and relinquished the right to legal counsel. 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  obligations set forth herein.  6. 7. 8. 9.  Agreement.  Amendment shall remain ini full force and effect.  [SIGNATURE PAGE FOLLOWS.]  4of5  Amended and Restated Amendment One  Finance Director Employment Agreement  -59-    INWITNESS WHEREOF, the parties hereto have caused this Amendment to be executed  as of the date and year first above written.  CITY OF BLYTHE Mallory Crecelius Interim City Manager EMPLOYEE  Christa Elms  APPROVED AS TO FORM:  Brittany E. Roberto City Attorney  5of5  Amended and Restated Amendment One  Finance Director Employment Agreement  -60-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING. DATE: October 8, 2024  SUBJECT:  Professional Service Agreements With Kevin Nelson and Gustavo  Rodriguez  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 execute an agreement with. Jon Kevin"Nelson forl Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator FISCALIMPACT: Funding was: included int the adopted FY 2024/251 budget. The. Agreement with Gustavo Rodriguez includes a modest budget increase of $2,100 each year of the Agreement. This allows: for an increase: in Mr. Rodriguez' 's fee from $1,825 per month to $2,000 BACKGROUND: Since 2013, Gustavo Rodriguez has provided ChiefWater Treatment Plant Operator Servies for the City of Blythe. Mr. Rodriguez has a Distribution Operator IV (D4) certification from the State of California. To maintain the City's water utility at least one. D4 Kevin Nelson has provided project management and inspection services for the City ofBlythe for many years. This includes the management and inspection of City infrastructure projects including street rehabilitation projects, water reservoirs, sewer lift rehabilitation valve replacement projects, etc. Mr. Nelson alsoi inspects and approvesprojects: that require worki int the City's right-of-way. In this respect, his service fee is offset by permit fees. With the City currently working on several water reservoir projects in both construction and design, the Beautify Blythe] project, a sewer lift station: rehabilitation, Manhole Rehabilitation and Chanslor place Sewer Repair project, Mr. Nelson's services have never been more valuable. STAFF REPORT: The Professional Service. Agreements with Mr. Gustavol Rodriguez and Mr. Kevin. Nelson have expired. As staffwishes to continue the working relationship with both, the City Attorney prepared the attached agreements. Each agreement includes at term ofthree years withi the option toi renew: iny year 4 and year 5. Aside from thei modest for Mr. Rodriguez, no other terms or conditions have changed from the previous Professional Service Agreements. Therefore, it is recommended Council authorize the Interim City Manager to execute an agreement with Jon "Kevin" Nelson for Project Management and Inspection Services and a Professional Services. Agreement with Gustavol Rodriguez for ChiefPlant Operator Services: for  Services for thel Blythe Water Treatment Plant.  peri month for 32 hours of service monthly.  license is required to operate the system.  the Blythe Water Treatment Plant.  -61-    ATTACHMENTS: 1. 2.  Professional Services Agreement with Gustavo Rodriguez Professional Services Agreement with Jon "Kevin"N Nelson  -62-    Agreement No. 2024-055. A  CITY OF BLYTHE WITH GUSTAVO RODRIGUEZ  PROFESSIONAL SERVICES AGREEMENT  THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of August 14, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipal corporation ("City"), and GUSTAVO RODRIGUEZ, an individual ("Consultant').  RECITALS  A. City proposes to utilize the services of Consultant as an independent contractor to provide services as the City's Chief Plant Operator for the City of Blythe Water Treatment Plant, B. Consultant represents that he has that degree of specialized expertise necessary, and holds all necessary licenses and certifications to practice and perform the services herein contemplated, including, but not limited to, a Water Distribution Operator Grade 4 (D4) Certificate C. City and Consultant desire to contract for the specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 oft the California Government Code, in the subject matter oft this Agreement; E. City and Consultant intend and desire that this Agreement be effective retroactive NOW, THEREFORE, for and in consideration of the mutual covenants and conditions  as requested by City, as more fully described herein; and  issued by the State of California; and  performed; and  and  to the Effective Date.  contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT  1.1. Scope of Services. Consultant shall provide professional services as the City's Chief Plant Operator for the City of Blythe Water Treatment Plant, as requested by City. Consultant shall provide thirty-two (32) hours of services per month, on a schedule agreed upon 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided 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 he 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  by City and Consultant.  isf familiar with all laws that may affect its performance of this Agreement.  1  Gustavo Rodriguez  -63-    Agreement No. 2024-055. A  the right to:  (a) Meet with Consultant to review the quality of the work and resolve the (b) Require Consultant to repeat the work at no additional fee until it is  matters of concern; satisfactory; and/or  (c) Terminate the Agreement as hereinatter set forth.  1.4. Compliance with All Laws. In performing the services required by this Agreement, Consultant shall comply with all applicable federal, state, and local laws. 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 be incurred by reason of Consultant's performance under this 1.5. Licenses and Certifications. Consultant shall maintain all licenses and certifications required to provide the services set forth herein, including, but not limited to, al Water Distribution Operator Grade 4 (D4) Certificate issued by the State of California. 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 Agreement or may have its own employees perform services similar to those services 1.7. Delegation and Assignment. This is a personal service contract, andi the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant shall subcontract any services pursuant to this Agreement. 1.8. Confidentiality. Consultant may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or 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 byl law. All City data shall be returned to City upon thei termination of this Agreement. Consultant's  Agreement.  contemplated by this Agreement.  covenant under this Section shall survive the termination of this Agreement.  2.0. COMPENSATION AND BILLING  2.1. Compensation. City agrees to pay Consultant a monthly flati fee of Two Thousand 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified herein unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. Iti is specifically understood that oral requests and/or approvals of such additional services  Dollars ($2,000.00) for all services provided pursuant to this Agreement.  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  2  Gustavo Rodriguez  -64-    Agreement No. 2024-055A  monthly basis. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. 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 2.4. 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 top payment ifi invoices are not submitted within ninety (90) days following services rendered. 2.5. 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 for inspection and/or audit at mutually convenient times from the Effective  invoices.  Date until three (3) years after termination or expiration oft this Agreement.  3.0. TERM AND TERMINATION  3.1. Term. This Agreement shall be effective retroactive to the Effective Date and continue through June 30, 2027, unless previously terminated as provided herein or as otherwise agreed toi in writing by the parties. This Agreement may be extended by two (2) additional one (1) 3.2. Notice of Termination. The City may terminate this Agreement at any time, with or without cause, by providing written notice to Consultant. The termination oft this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. Consultant mayt terminate this Agreement ata anyt time, with or without cause, 3.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed upi to and including 3.4. Documents. Int the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement 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  year periods upon mutual written agreement of both parties.  by providing at least thirty (30) days prior written notice to City. the effective date of the written notice of termination.  without liability or legal expense to Consultant.  4.0. INSURANCE  Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement personal automobile liability insurance coverage with limits as follows: bodily injury coverage of at least One Hundred Thousand Dollars ($100,000.00) per person, and Three Hundred Thousand Dollars ($300,000.00) per accident, and property damage coverage of atl least Fifty Thousand Dollars ($50,000.00), or a minimum of Three Hundred Thousand Dollars ($300,000.00) on a single limit policy. Such policy shall be endorsed to name the City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers as an  3  Gustavo Rodriguez  -65-    Agreement No. 2024-055 A  additional insured. Consultant shall provide proof of the required coverage and endorsement to  the City in ai form approved by Risk Management. 5.0. GENERAL PROVISIONS  5.1. Entire Agreement: Amendments. 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, 5.2. 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 of the City, called forl by this Agreement, except as otherwise 5.3. 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 of a 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 toi the City to substantiate any request for at time extension. 5.4. 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  including exhibits to this Agreement.  expressly provided in this Agreement.  communication is sent through regular United States mail.  IFTO CONSULTANT: Gustavo Rodriguez 780 Aurora Way Blythe CA 92225  IFTOCITY: City of Blythe 235 N. Broadway Blythe, CA 92225  Mallory Crecelius, Interim City Manager  5.5. 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, 5.6. 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  conditions, or provisions hereof.  Riverside County, California.  4  Gustavo Rodriguez  -66-    Agreement No. 2024-055. A  5.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest int 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, nos subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term 5.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City'schoosing, 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 in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness or willful misconduct ofthe Consultant, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence, recklessness or willful misconduct of Consultant, whether or not the Consultant is specifically named or otherwise asserted to bel 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. These indemnfication provisions are independent of and shall not in any way be limited by the insurance requirements oft this Agreement. City approval of the insurance coverages required by this Agreement does not 5.9. 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 ofi its agents shall have control over the conduct of Consultant, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that he is in any manner an agent or employee of City. Consultant shall secure, at his sole expense, and ber responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant 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 5.10. PERS Eligibility Indemnfication. In the event that Consultant 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, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.  oft this Agreement.  in any way relieve the Consultant from liability under this section.  this paragraph.  5  Gustavo Rodriguez  -67-    Agreement No. 2024-055. A  Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance tot the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees tov 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 5.11. 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 5.12. Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Consultant 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. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City. 5.13. 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 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 itthati is designated as at trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if 5.14. Conflict of Interest. Consultant will comply with all conflict ofi interest statutes oft the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (California Government Code section 81000 et seq.) and California Government Code section 1090. During the term of this Agreement, Consultant shall not, without the prior written approval oft the City's representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant to abstain from a decision under this Agreement pursuant to a conflict ofi interest statute. 5.15. Responsibility for Errors. Consultant shall be responsible for his 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  PERS benefits.  any reasonable assistance and cooperation which City might require.  disclosure is deemed to be required by law or by order of the court.  the correction.  5.16. Binding Effect. This Agreement binds and benefits the parties and their respective  6  Gustavo Rodriguez  -68-    Agreement No. 2024-055A  permitted successors and assigns.  5.17. 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 5.18. 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 5.19. Construction: The parties have participated jointly ini the negotiation and drafting oft 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 ofi intent ori interpretation arises withrespect 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  Agreement.  interpretation of this Agreement.  by virtue of the authorship of any of the provisions of this Agreement. successors and assigns may amend this Agreement.  5.20. Amendments. Only a writing executed by the parties hereto or their respective 5.21. 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 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. 5.22. 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. Notwithstandingi the foregoing, ift the value ofthis 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. 5.23. Counterparts and Electronic Signatures. This Agreement may be executed in one ormore 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  based solely on the absence of an original signature.  7  Gustavo Rodriguez  -69-    INV 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  Date:  Gustavo Rodriguez CITY OF BLYTHE Mallory Crecelius Interim City Manager ATTEST:  Date:  Mallory Crecelius City Clerk  APPROVED AS TO FORM: Brittany E. Roberto City Attorney  8  Gustavo Rodriguez  -70-    Agreement No. 2024-054 A  CITY OF BLYTHE WITH JON "KEVIN" NELSON  PROFESSIONAL SERVICES AGREEMENT  THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement) is made and entered into as of June 11, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipal  corporation ("City"), and JON "KEVIN" NELSON, an individual ("Consultant).  RECITALS  A. City proposes to utilize the services of Consultant as an independent contractor to provide project management and inspection services as requested by the City, as more fully B. Consultant represents that he 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 specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; E. City and Consultant intend and desire that this Agreement be effective retroactive NOW, THEREFORE, for and in consideration of the mutual covenants and conditions  described herein; and  performed; and  and  to the Effective Date.  contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT Exhibit "A," attached hereto and incorporated herein.  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 tot this Agreement shall be provided 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 he 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  isf familiar with all laws that may affect its performance of this Agreement.  the right to:  (a) Meet with Consultant to review the quality of the work and resolve the  matters of concern;  1  Jon' "Kevin" Nelson  -71-    Agreement No. 2024-054, A  (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. In performing the services required by this Agreement, Consultant shall comply with all applicable federal, state, and local laws. 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 bei incurred by reason of Consultant's performance under this 1.5. 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 Agreement or may have its own employees perform services similar to those services 1.6. Delegation and Assignment. This is a personal service contract, andi the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant shall subcontract any services pursuant to this Agreement. 1.7. Confidentiality. Consultant may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other 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  Agreement.  contemplated by this Agreement.  covenant under this Section shall survive thei termination of this Agreement.  2.0. COMPENSATION AND BILLING  2.1. Compensation. City agrees to pay Consultant at a rate of Eighty-Five Dollars 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified herein unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. Iti is specifically understood that oral requests and/or approvals ofsuch additional services 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a monthly basis. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. 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  ($85.00) per hour.  or additional compensation shall be barred and are unenforceable.  invoices.  2  Jon' "Kevin" Nelson  -72-    Agreement No. 2024-054. A  2.4. 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 top payment ifi invoices are not submitted within ninety (90) days following services rendered. 2.5. 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 for inspection and/or audit at mutually convenient times from the Effective  Date until three (3) years after termination or expiration oft this Agreement.  3.0. TERM AND TERMINATION  3.1. Term. This Agreement shall be effective retroactive to the Effective Date and continue through June 30, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) 3.2. Notice of Termination. The City may terminate this Agreement at any time, with or without cause, by providing written notice to Consultant. The termination of this Agreement: shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. Consultant may terminate this Agreement: at any time, with or without cause, 3.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 3.4. Documents. Int the event of termination oft this Agreement, all documents prepared by Consultant in its performance of this Agreement shall be delivered to the City within ten (10) days oft the effective date of the notice oft 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  year periods upon mutual written agreement of both parties.  by providing atl least thirty (30) days prior written notice to City. the effective date oft the written notice of termination.  without liability or legal expense to Consultant.  4.0. INSURANCE  Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement personal automobile liability insurance coverage with limits as follows: bodily injury coverage of at least One Hundred Thousand Dollars ($100,000.00) per person, and Three Hundred Thousand Dollars ($300,000.00) per accident, and property damage coverage of at least Fifty Thousand Dollars ($50,000.00), or a minimum of Three Hundred Thousand Dollars  ($300,000.00) on a single limit policy. 5.0. GENERAL PROVISIONS  5.1. Entire Agreement: Amendments. 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 to this Agreement.  3  Jon' "Kevin" Nelson  -73-    Agreement No. 2024-054A  5.2. 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 of the City, called for by this Agreement, except as otherwise 5.3. 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 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. 5.4. 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  expressly provided ini this Agreement.  communication is sent through regular United States mail.  FTOCONSULTANT: Kevin Nelson 9390 10th Avenue Blythe, CA 92225  IFTOCITY: City of Blythe 235 N. Broadway Blythe, CA 92225  Mallory Crecelius, Interim City Manager  5.5. 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, 5.6. 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 5.7. 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 5.8. 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,  conditions, or provisions hereof.  Riverside County, California.  of this Agreement.  4  Jon' "Kevin" Nelson  -74-    Agreement No. 2024-054A  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 in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness or willful misconduct oft the Consultant, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence, recklessness or willful misconduct of Consultant, whether or not the Consultant is 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 willfui misconduct of the City. These indemnification provisions are independent of and shall not in any' way be limited by the insurance requirements oft this Agreement. City approval of the insurance coverages required by this Agreement does not 5.9. 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 ofi its agents shall have control over the conduct of Consultant, except as set forth in this Agreement. Consultant shall not, at any time, ori in any manner, represent that he is ina any manner an agent or employee of City. Consultant shall secure, at his sole expense, and ber responsible for any and all payment ofl Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant 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 5.10. PERS Eligibility indemnification. In the event that Consultant 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, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinancet to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees 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 5.11. 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  in any way relieve the Consultant from liability under this section.  this paragraph.  PERS benefits.  any reasonable assistance and cooperation which City might require.  5  Jon' Kevin" Nelson  -75-    Agreement No. 2024-054A  5.12. Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Consultant 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. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City. 5.13. Public Records Act Disclosure. Consultant has been advised and is aware thati this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant 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 ofs such trade secret. The City will endeavor to maintain as confidential alli information obtained by itthati is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if 5.14. Conflict ofl Interest. Consultant will comply with all conflict ofi interest statutes oft the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (California Government Code section 81000 et seq.) and California Government Code section 1090. During the term of this Agreement, Consultant shall not, without the prior written approval ofthe Clysrepresentative, perform workt for another person or entity for whom Consultant is not currently performing work that would require Consultant to abstain from a decision under this Agreement pursuant to a conflict ofi interest statute. 5.15. Responsibility for Errors. Consultant shall be responsible for his 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  disclosure is deemed to be required by law or by order of the court.  the correction.  5.16. Binding Effect. This Agreement binds and benefits the parties and their respective 5.17. 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 5.18. 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  permitted successors and assigns.  Agreement.  interpretation of this Agreement.  6  Jon' Kevin" Nelson  -76-    Agreement No. 2024-0541 A  5.19. 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 ofi 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  by virtue of the authorship of any of the provisions of this Agreement. successors and assigns may amend this Agreement.  5.20. Amendments. Only a writing executed by the parties hereto or their respective 5.21. 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 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. 5.22. 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, then both parties agree to substitute such provision(s) through good faith negotiations. 5.23. Counterparts and Electronic Signatures. This Agreement may be executed in one orn 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  based solely on the absence of an original signature.  [SIGNATURE PAGE FOLLOWS.]  7  Jon' "Kevin" Nelson  -77-    Agreement No. 2024-054. A  INWITNESS WHEREOF, the parties hereto have caused this Agreement to be executed  by and through their respective authorized officers, as of the date first above written.  CONSULTANT  Date:  Jon "Kevin" Nelson CITY OF BLYTHE Mallory Crecelius Interim City Manager ATTEST:  Date:  Mallory Crecelius City Clerk  APPROVED AS TO FORM: Brittany E. Roberto City Attorney  8  Jon' "Kevin" Nelson  -78-    EXHIBIT. A SCOPE OF SERVICES  Consultant's services may include, not are not limited to, the following, as requested by the City Serve as City's project manager on City construction projects, including, but not limited to, street rehabilitation projects, water and sewer infrastructure projects, and work performed  Manager:  by the City in the City's right-of-way. Administer projects during planning and design phases. Manage City's contracted design consultants. Other services as requested by the City Manager.  Assist with the preparation of project scopes, schedules, and budgets.  Perform permit inspections for work performed by private parties in the City's right-of-way.  -79-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING DATE: October 8, 2024  SUBJECT:  Acceptance of Work = 2024 Beautify Blythe Project = Package IV-  Miller Park Ballfield Lighting  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager  RECOMMENDATION: Council accept the work performed by Ace Electric, Inc. for the upgrading ofexisting ballfield lighting atl Miller Park tol LED! lighting, for the project known as the 2024 Beautify Blythe Project - Package IV -] Miller Park Ballfield Lighting, and authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project. It is further recommended Council authorize the Interim City Mamagrloreleueretemtion payments once the Notice of Completion is recorded and release project bonds once appropriate.  FISCAL IMPACT: None  BACKGROUND: The City entered into an agreement with. Ace Electric, Inc. on May2 23,2024 to upgrade thel ballfieldi lighting system at Millerl Park. This project was one of four construction Beautify Blythe is a $2.9 million grant award from Caltrans' Local Clean California grant program to beautify public spaces. The City partnered with the Palo Verde Valley Transit Agency to clean up and' beautify various public spaces and facilities. Thisi ist thei first project tol be completed with this grant, with work at thel Public' Works Yard and' Transit's Park-n-Ride facility STAFF REPORT: The 2024 Beautify Blythe Project - Package IV - Miller Park Ballfield Lighting Project was completed tot the satisfaction ofthel Public Works Department on October 3,2024.Thep project was completed under the approved project budget of$ $335,000. No change It is recommended Council accept the work performed by Ace Electric, Inc. for the subject project, authorize thel Mayor and City Clerk to execute and filet the NoticeofCompletion for the project and authorize the release of retention payments once filed and the release of project  agreements entered into as part oft the City's 2024 Beautify Blythe Project.  currently under construction.  orders werei issued as part of the project.  bonds when appropriate. ATTACHMENTS: 1.  Notice ofCompletion  -80-    RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:  City Clerk City of Blythe 235 North Broadway Blythe, CA 92225  EXEMPT FROM RECORDING FEES = GOVERNMENT CODE SS 6103, 27383  SPACE ABOVE LINE FORI RECORDER'S USE ONLY  NOTICE OF COMPLETION (California Civil Code S 9204)  NOTICE IS HEREBY GIVEN THAT:  1. Name and Address of Owner. The City of Blythe ("City"), a municipal corporation, whose address is 235 North Broadway, Blythe, California 92225, is the fee owner of the public work of improvement described herein and of the property containing said 2. Description of Public Work of Improvement. The public work of improvement is the project known as: 2024 Beautify Blythe Project - Package IV - Miller Park Ballfield The public work of improvement generally consisted of upgrading existing ballfield lighting at Miller Park, located at 501 S. Lovekin Blvd. in Blythe, to LED lighting. 3. Location of Public Work of Improvement. The public work of improvement is located at the City of Blythe Miller Park, located at 501 S. Lovekin Blvd., Blythe, CA 92225. 4. Name and Address of Contractor. The contractor for the public work ofi improvement 5. Date of Agreement. The City and the contractor entered into a written agreement tdated 6. Name of Surety. The surety furnishing the faithful performance and labor and material bonds for the public work of improvement is: Nationwide Mutual Insurance Company. 7. Date of Completion. The publicwork ofi improvement was completed to the satisfaction 8. Date of Acceptance. The City Council accepted the public work of improvement on October 8, 2024 and authorized the Mayor to execute, and the City Clerk to record,  public work ofi improvement.  Lighting.  was: Ace Electric, Inc., P.O. Box 601071, San Diego, CA 92160.  May 23, 2024 for the public work ofi improvement.  of the City Engineer on: October 3, 2024.  this Notice of Completion.  1of2  -81-    Dated:  Joseph DeConinck Mayor  VERIFICATION  I,the undersigned, say: I am the City Clerk of the City of Blythe, the declarant of thet foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing  is true and correct. Executed on  at Blythe, California.  Mallory Crecelius City Clerk  2of2  -82-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  SARST Blythe  MEETING. DATE: October 8, 2024  SUBJECT:  Resolution 2024-033 Authorizing the Destruction of Certain Financial  Records and Documents for Fiscal Year 2018-2019.  PRESENTED BY: Christa Elms, Director of Finance PREPARED. BY: Christa Elms, Director of Finance financial records and documents for fiscal year 2018-2019.  RECOMMENDATIONA Adopt Resolution 2024-033 authorizing the destruction of certain  FISCAL. IMPACT: None STAFF REPORT:  Official documentation oft the City's appropriations, revenues and expenditures for each fiscal year isi int the City's annual audited financial statements. Copies oft the annual audited financial The detailed reports generated by computerized accounting and utility billing systems are voluminous and require an extraordinary amount of storage space. Rarely is it necessary to access: revenue, expenditure and billing data beyond the yeari immediately prior to the year. last audited. However, once the fiscal year audit is completed, records oft this nature must, by law, be retained for at least five (5) years. The information generated in these reports is strictly departmental ini nature andi int the: interest ofefficiency in recordsi management; thesei records that have been retained for the period required by law are now scheduled tol be destroyed. Financial records and documents for Fiscal Year 2018-20191 have beeni retained for the minimum required period of five (5) years pursuant to Government Code Section 34090. The City Attorney's consent has also been obtained as required by the referenced Code Section.  statements are retained ini the City's central files at City Hall.  ATTACHMENTS: Records Destruction Form Resolution No. 2024-033 Exhibit A - Records for Destruction  -83-    Date: September 26, 2024  Department: Finance  RECORDS DESTRUCTION FORM  The records listed below are scheduled to be destroyed, as indicated on or after October 8, 2024.  2024-033 City Council Resolution Number  Retention Period 5  Records Description  All Records listed on Financial Records for Destruction "Exhibit A" and have record dates of July 1, 2018, thru June 30, 2019.  **S See attached "Exhibit A"  DOCUMENTS HAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION:  Cw3 Buws Department Head  10-33024 Date  Consent is hereby given to destroy the records enumerated above.  Bizo City Attorney  (Complete after destruction has been performed)  IHEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies  and procedures:  Employee  Date  -84-    RESOLUTION NO. 2024-033  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZED BY THE CALIFORNIA  GOVERNMENT CODE  WHEREAS, California Government Code section 34090 provides that, with the approval oft the City Council by resolution and the written consent oft the City Attorney, the head of a City department may destroy certain city records, documents, instruments, books or papers under the Department Head's charge, without making  ac copy, if the records are no longer required; and  WHEREAS, the Finance Director has requested that the City Council authorize the destruction of the financial records identified in Exhibit A attached hereto, relating  to Fiscal Year 2018-19; and  WHEREAS, none of the records proposed for destruction: (a) affécts the title to real property or liens thereon; (c) is a record required to be kept by statute; duplicate of a record remaining on file; board or commission of the City of Blythe; and  (b) is a court record;  (d) is a record less than two years old, or, if less than two years old, it is a (e) is an ordinance, resolution or the minutes of the City Council or any WHEREAS, the City Attorney has consented in writing to the destruction oft the WHEREAS, the City Council finds and determines that the records were retained for the required retention period, are no longer required and may be  financial records identified in Exhibit A; and  destroyed.  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, SECTION 1. The City Council hereby authorizes the destruction of the financial SECTION 2. The City Council hereby authorizes the Finance Director to SECTION 3. The City Clerk shall certify to the adoption of this resolution and  CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:  records identified in Exhibit. A.  destroy all of the financial records identified in Exhibit A.  -85-    shall enter the same in the book of original resolutions and it shall become effective  immediately. following vote: AYES: NOES: ABSENT: ABSTAIN:  PASSED, APPROVED AND ADOPTED this 8th day of October, 2024, by the  Joseph DeConnick, Mayor  ATTEST:  Mallory Crecelius, City Clerk  (SEAL)  -86-    EXHIBIT A  RECORDS FOR DESTRUCTION  -87-    Exhibit A Records for Destruction July 1,2018-June 30,2019 July1, 2018-June 30, 2019 July1,2 2018-June 30, 2019 July 1, 2018-June 30,2019 July 1, 2018-June 30, 2019 July 1, 2018-June 30, 2019 July1,2018-June 30, 2019 July 1, 2018-June 30, 2019 July1, 2018-June 30, 2019 July1,2 2018-June 30, 2019 July1,2 2018-June 30, 2019 July1,2 2018-June 30, 2019 July1,2 2018-June 30, 2019  Description of Records  Date of Records  Retention Period 5) years 5years 5) years 55 years 55 years Syears 55 years 5years 53 years 55 years 5y years 5years 5years 5years  Accounting Reports Accounts Receivable Accounts Rectivable-TaxeyOther Bank Suatememt-Reconalations Billing Reports Budget. Adjustments Budget Prep Reports Invoices Payroll Processing Reports Payroll Timesheets Purchase Orders Receipts/Deposit Records Service Requests Utilities Utility Meter Readings  Accounts Payable/Vendor Payments Julyl 1,2018-June 30, 2019  Accounts closed between. July 1,2 2018-June 30, 2019 Active +5; years  -88-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING DATE: October 8, 2024  SUBJECT:  Acceptance of the. ABC-OTS Grant through National Highway Traffic  Safety (NHTSA)  PRESENTED BY: Garth V. Dale, ChiefofPolice PREPARED BY: Garth V. Dale, Chief ofPolice  RECOMMENDATION: It is recommended Council adopt Resolution No. 2024-034, authorizing thel Interim City Manager to enterinto an Agreement with the State forparticipation in the California Department of Alcoholic Beverage Control's ABC-OTS Grant Program and authorizing the Interim City Manager to execute any and all grant documents. FISCAL IMPACT: $31,000i in grant funding forovertimer reimbursement to conduct operations BACKGROUND: In August of 2024, the Blythe Police Department received information regarding a grant available from the Department of Alcoholic Beverage Control to utilize the Minor Decoy Program, Shoulder Tap Program, and IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) Inspections to reduce the number of licensees who sell lcoholicbeverages toi minors. Staffcompleted thej preliminary grant application. and submitted STAFF REPORT: Ine early October, stafflearned the Cityl had been selected toj participate int the Department ofAlcoholic Beverage Control's ABC-OTS Grant Program. Funding fort thej project is provided by the Office of Traffic Safety through the National Highway Traffic Safety Administration. An ABCrepresentative will assist thel Blythel Police Department in coordination ofthel Impact compliance checks, Shoulder Tap and Decoy operations tol be conducted over the The Blythe Police Department was one of20 California agencies awarded the grant. The grant  with ABC Officers and administrative expenses.  the grant.  next year.  period of operation is October 1, 2024, through August 31, 2025.  ATTACHMENTS: 1.  Resolution No. 2024-034  -89-    RESOLUTION. NO. 2024-034  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S ABC-OTS GRANT PROGRAM AND AUTHORIZING THE INTERIM CITY MANAGER OR HER DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS  WHEREAS, the California Department of Alcoholic Beverage Control (ABC), sponsored by the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration (NHTSA), is awarding grants tol local law enforcement agencies through its ABC-  OTS Grant Program to deter underage drinking; and  WHEREAS, the City ofl Blythe supports the Grant Program goals; and  WHEREAS, the City of Blythe Police Department submitted a letter of interest for WHEREAS, ABC selected the City to participate in the Grant Program and has awarded the City $31,000 in grant funds for the period of October 1,20241 through August 31, 2024; and WHEREAS, ABCrequires ar resolution from the City Council authorizing the City to enter NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, SECTION 1. The City Council authorizes the City to enter into an agreement with the California Department of Alcoholic Beverage Control for participation in the ABC-OTS Grant  participation in the Grant Program; and  into an agreement with the State.  CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:  Program.  SECTION 2. The City Council authorizes the Interim City Manager or her designee to execute all grant documents, including, but not limited to, the agreement with the State, including any extensions or amendments thereof, to accept and administer the grant, and to take all steps necessary toi implement this authorization and the Grant Program requirements and objectives.  PASSED, APPROVED, AND ADOPTED this 8th day ofOctober, 2024 by the following  vote:  -90-    AYES: NOES: ABSENT: ABSTAIN:  Joseph Deconick, Mayor  ATTEST:  Mallory Crecelius, City Clerk  -91-    PUBLIC HEARING  -92-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETING DATE: October 8, 2024  SUBJECT:  Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste  Enclosures  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager  Brittany Roberto, City Attorney  RECOMMENDATION: Itisi recommended the City Council, subsequent to the public hearing, ORDINANCE NO. 932-24- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE. AND UTILITY. AREAS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE TOI ESTABLISH, REQUIREMENTS. RELATING TOSOLID WASTE. ENCLOSURES. AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL, REVIEW UNDER: THE CALIFORNIA ENVIROMMENTAL QUALITTACTICEDW- PURSUANT: TO CEQA GUIDELINESSECTION1S061B8 (COMMONA SENSE. EXEMPTION)  introduce Ordinance No. 932-24:  FISCAL IMPACT: None.  BACKGROUND: At the April 23, 2024: meeting, the City Council directed staff to prepare an ordinance that would require all trash containers in the commercial district tol be locked. Currently there are no provisions in the Municipal Code requiring locking mechanisms on trash containers, or for containers to be in a trash enclosure within the commercial district. As a condition of approval, staff has required trash enclosures to bei installed to City standards on new development projects within the City. This includes new builds and tenant improvements. Pursuant to Council's direction, staffprepared an ordinance that would require business owners to usel bins with locking bars for solid waste and recyclable: materials and require all commercial and industrial property owners, business owners and operators using containers and other equipment for the storage ofs solid waste, recyclable materials or organic waste to maintain all containers and trash enclosures in a clean and sanitary condition. Staff presented the proposed ordinance to the City Council, acting in its capacity as the Planning Agency, at a dulyn noticed public hearing at the September 10, 2024 meeting. Following the public hearing, the City Council, acting as the Planning Agency, directed staff to schedule a study session regarding requiring the use of bins with locking bars, and to move forward with the amendments to Title 17 oft the Blythe Municipal STAFF REPORT: Staff updated the proposed Ordinance to limit its provisions to the amendments to Title 17 ofthe Blythe Municipal Code: relating to trash enclosures.  Code relating to trash enclosures.  -93-    A trash enclosure: is the only way to fully prevent entry into the trash bins. City staffrecommends: codifying the current practice of requiring new businesses or new developments to install trash enclosures. The proposed Ordinance would require persons applying for a permit for new Should the Council wish to require trash enclosures for all commercial and industrial areas, a sunset could be provided to allow five or more years for business owners to gain compliance with the Ordinance. This would give business and property owners time to plan for the upfront costs of building a trash enclosure. The City Manager or Planning Director would need authority to waive the requirement in situations in which space was an issue for existing properties. Therefore, it is recommended the City Council, subsequent to the public hearing, introduce  construction and/or building additions or alterations to install a trash enclosure.  Ordinance No. 932-24. ATTACHMENTS: 1.  Ordinance No. 932-24  -94-    ORDINANCE NO. 932-24  AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE AND UTILITY AREAS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE TO ESTABLISH REQUIREMENTS RELATING TO SOLID WASTE ENCLOSURES 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 of the City of Blythe hereby finds and declares as follows: WHEREAS, the California Integrated Waste Management Act of 1989 (Public Resources Code S 40000 et seq.) authorizes cities to regulate all aspects of solid waste handling which are of local concern, including, but not limited to, the manner of collection  and disposal of solid waste; and  WHEREAS, the storage, accumulation, collection and disposal of municipal solid waste, including without limitation, garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these materials may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other  problems adversely affecting the public health, safety and welfare; and  WHEREAS, unsightly and unsecure commercial and industrial solid waste enclosures attract scavenging, graffiti and homeless activities and lead to litter, trash, and  debris in the public right-of-way; and  WHEREAS, sanitary conditions need to be maintained in and around solid waste WHEREAS, the City Council desires to promote the public health, safety and welfare of the residents of and visitors to the City of Blythe and to preserve the environmental quality of the City by requiring new developments to construct trash  enclosures to prevent the harboring and breeding of rodents and insects; and  enclosures; and  WHEREAS, ,on September 10, 2024, the City Council, acting as the City's Planning Agency, held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendments to  Title 17 of the Blythe Municipal Code; and  WHEREAS, on October 8, 2024, the City Council held a second duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendments to Title 17 of the Blythe Municipal Code; and  Ordinance No. 932-24 Page 1 of5  -95-    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. SECTION 2. Amendment to Title 17. Chapter 17.20 (Trash, Storage and Utility Areas) of Division III (Development and Pérformance Standards) of Title 17 (Zoning) is  occurred.  ORDAIN AS FOLLOWS:  hereby amended to read as follows: 17.20.010- 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. "Container" means a cart, bin, roll-off box, or other receptacle for solid waste, B. "Organic waste" or "organic solid waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in Title 14, Section C." Recyclable materials" means those materials that may be separated on a commercially reasonable basis from solid waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recyclable materials" includes any materials identified by the city manager for which a market exists, including, but not limited to, plastic botties and jars, paper, D." "Solid waste" has the same meaning as defined in Section 40191 of the California  different meaning:  recyclable material, or organic waste.  18982(a)(46) of the California Code of Regulations.  cardboard, glass, newspaper, metal containers, and cans.  Public Resources Code. 17.20.020 - Trash collection areas.  The occupant or owner of each commercial, industrial and residential premises shall maintain the premises' solid waste, recycling, and organic waste storage and collection area in good working condition and shall keep the storage and collection area, and the  Ordinance No. 932-24 Page2of5  -96-    area immediately surrounding such storage and collection area, clean and free of litter,  rodents, and insects. 17.20.030 - Trash enclosures.  A. Persons applying for a permit from the city for new construction and/or building additions or alterations shall comply with the requirements of this section. B.A An enclosure for the storage of solid waste, recycling, and organic waste containers is required for each commercial ori industrial establishment and for each residential development consisting of five (5) or more dwelling units, except that for commercial or industrial establishments sharing vehicular access and parking in ani integrated development, a shared enclosure may be provided for each group of four (4) or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and C.Allenclosures required by this section shall be screened from public view and shall D. The planning director, in consultation with the public works director, shall issue standards for the construction of enclosures required by this section, and maintain such standards on file in the planning department. All enclosures required by this section shall be constructed and maintained in accordance with such standards. E.A Ataminimum, the following best management practices shall be adhered to: 1. The enclosure shall only be used for storage of solid waste, recyclables, and organic waste. Hazardous waste and/or any other items shall not be stored 2. Solid waste, recycling and/or organic waste containers shall not be overfilled. Solid waste shall not protrude above the top rim of the container and shall allow 3. The enclosure shall be maintained in good working condition and in the condition it was approved. The owner or occupant of the premises shall be responsible for the day-to-day maintenance and cleaning of the enclosure. 4. The enclosure or waste receptacles shall not be washed out toi the storm drain system, street, or gutter. Wash water shall be directed towards a landscaped  distribution to serve the uses on-site. be physicallyi integrated into the project.  inside the enclosure.  for the lid(s) to close fully.  area or collected and discharged to the sanitary sewer only.  Ordinance No. 932-24  Page 3of5  -97-    17.20.040-S Storage areas.  At least sixty cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. The space may be located in a garage or carport provided that it does not  interfere with the parking of a vehicle.  SECTION: 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty thatt 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. Ifa any 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.Certification. 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. by the following vote: AYES: NOES: ABSENT: ABSTAIN:  PASSED, APPROVED AND ADOPTED this  day of  2024,  Joseph DeConinck Mayor  Ordinance No. 932-24 Page 4 of5  -98-    ATTEST:  Mallory Crecelius City Clerk  APPROVED AS TO FORM:  Brittany E. Roberto City Attorney  Ordinance No. 932-24 Page 5 of5  -99-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe,  MEETING DATE: October 8, 2024  SUBJECT:  Urgency Ordinance Extending Temporary Moratorium on the  Establishment ofCommercial Solar Energy Facilities  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Brittany Roberto, City Attorney  RECOMMENDATION: Iti is recommended that the City Council, subsequent to the public URGENC/ORDIMANCENO. 933-24-U.. ANINTERMURGENCYORDIMANCE OFTHEC CITYCOUNCIL OFTHECITY OF BLYTHE, CALIFORNLA, EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL SOLAR ENERGY FACILITIES TO ALLOW TIME FOR CONSIDERATION OF POTENTIAL AMENDMENIS TO THE BLYTHE ZONING CODE FOR THE. PURPOSE OF ENSURING COMPATIBILITY WITH SURROUNDING. LAND USES FOR A PERIOD OF ONE YEAR AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL, REVIEW UNDER: THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANTTO CEQA  hearing, adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U:  GUIDELINES. SECTION1S06IBO FISCAL IMPACT: None.  BACKGROUND: State law governs the City's ability to adopt temporary moratorium ordinances. A moratorium is a stringent temporary land use control based on documented health, safety, and general welfare concerns made pursuant to the police power. Cities may adopt temporary ordinances prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city plans to study within a reasonable time. (California Government Code section 65858.) To adopt a moratorium, the City must follow the Amoratorium ordinance: requires a four-fifths vote ofthe City Council to approve and has an initial duration of 45 days. If the initial ordinance is adopted as an urgency measure without following thei notice and adoption procedures: required for other ordinances, after notice and aj public hearing, theinterim ordinance: may be extended for upi to 101 months and 15 days and subsequently extended for up to one additional year. Any extension requires a four-fifths vote of the City Council for adoption. No more than two extensions may be adopted for ai total duration of up to two years. Ten days before the expiration of the interim ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the Iti is important to note that the City may only prohibit thei issuance of development permits. It may neither prohibit developers from submitting new permit applications nor prohibit the processing  prescribed statutory process and must make written statutory findings.  adoption ofthe ordinance. (California Government Code section 65858(d).)  ofp permits during the moratorium.  -100-    When adopting ai moratorium, the City must make two statutory findings: (1)therei is a current and immediate threat to the public health, safety, or welfare, and (2) the approval ofadditional permits or entitlements under the zoning ordinance would result in that threat to public health, safety or The Blythe Zoning Code does not define or regulate commercial solar energy facilities. The closest use defined in the Zoning Code is "utility operations facilities," which are defined by Section 17.08.710 as "facilities involved in the operation of the various public and quasi-public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs". Such definition was last amended in 1982 and does not clearly, and was not likely intended to, include commercial solar energy facilities. On October 10, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 925- 23-U, establishing a 45-day temporary: moratorium on the establishment of new commercial solar energy facilities in the City as authorized by California Government Code section 65858. On November 14, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 926- 23-U, extending thet temporary moratorium for 101 months and 15 days as authorized by California Government Code: section 65858. Thei moratorium will expire on October 9, 2024, unless extended for one year as authorized by California Government Code section 65858. The extension must be On September 10, 2024, the City Council issued a written report describing the measures taken to alleviate the conditions that formed the basis for the adoption of Urgency Ordinance No. 926-23- STAFF REPORT: In 2023, the City received applications for the construction and operation ofa photo-voltaic (PV) solar array with attached battery storage on property located within the Colorado River Corridor Plan area. The proposed project includes a five-megawatt solar facility with 20 megawatts ofbattery energy storage on a property that is approximately 58 acres in size. The land is currently in agricultural production. Staff anticipates that the City will continue to receive applications for the construction of similar facilities in the Colorado River Corridor Plan The Colorado River Corridor Plan ("Plan") was adoptedi in] March 2007 following a comprehensive and iterative planning process that started with the formation of the Colorado River Corridor Plan Ad-Hoc. Advisory Committee ("Committee") in August 2005. The process included coordination between the Committee and City departments, and consultation with the Palo Verde Unified School District and the Palo Verde Irrigation District. Professional planning, environmental, and engineering consultants also provided support to the City during the planning process. The planning process also included input from the community at community workshops and input from Thel Plan is a comprehensively planned, waterfront-oriented land usej plan intended to complement other areas ofthe City. The City'sV vision for the Plan areai includes providing a variety ofhousing opportunities to establish viable and livable neighborhoods; preserving valuable open space; developing additional recreational and: resort land uses; protecting existing agricultural land uses;  welfare. (California Government Code section 65858(c).)  adopted by ordinance and requires a four-fifths vote oft the Council.  Uast required by California Government Code section 65858(d).  area and throughout the City.  thel Planning Commission and City Council.  -101-    creating a multi-purpose recreational trail system; providing additional river access points; and The Plan establishes connections between all of the lands within its boundaries to provide integration and balance between the Riverfront and the: rest oft the City. Goals oft the Plan include maintaining a small-town atmosphere, encouraging development of resorts, hotels, and other visitor-serving commercial uses, and managing growth and development timing. As outlined above, the Blythe Zoning Code does not define or regulate commercial solar energy facilities. For purposes oft this staff report and the proposed urgency ordinance, "commercial solar energy facility" refers to a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. "Commercial solar energy facility" does not include a solar energy system that meets the definition of California Civil Code section 801.5. "Commercial solar energy facility" also does not include accessory solar energy equipment installed for on-site consumption. "Commercial solar energy facility" does include what are Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, Development Services Department staffis concerned that commercial solar energy facilities may have adverse effects on City residents. Staffis also concerned that ifcommercial solar energy facilities are established, they may bei incompatible with residential and other land uses ini the City and would interfere with achieving the goals and objectives oft the Colorado River Corridor Plan. Ift the City Council does not adopt an extension to the moratorium ordinance, staff is concerned that commercial solar energy projects that are not compatible with surrounding uses may be established that could adversely impact the quality of life for residents of the City and interfere witht the carefully thought out and developed Colorado River Corridor Specific Plan. Staffbelieves it is necessary to continue to study and assess approaches to regulating the scale, design, and location of such facilities in order to ensure they are compatible with residential and other land Therefore, staff is recommending that the City Council adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U to extend the moratorium on the establishment ofr new commercial solar energy facilities for a period of one year as authorized by California Government Code section  preserving open space while balancing circulation needs.  commonly known as solar farms.  uses in the City.  65858.  ATTACHMENTS:  1. Urgency Ordinance No. 933-24-U  -102-    URGENCY ORDINANCE NO. 933-24-U  AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL SOLAR ENERGY FACILITIES TO ALLOW TIME FOR CONSIDERATION OF POTENTIAL AMENDMENTS TO THE BLYTHE ZONING CODE FOR THE PURPOSE OF ENSURING COMPATIBILITY WITH SURROUNDING LAND USES FOR APERIODOFONE' YEARAND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, California Government Code section 65858 provides that to protect the public health, safety, and welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting certain uses while the City studies the prohibited uses;  and  WHEREAS, Section 17.08.710 of the Blythe Municipal Code defines "utility operations facilities" as "facilities involved ini the operation of the various public and quasi- public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs"; and  WHEREAS, Section 17.08.710 was last amended in 1982; and  WHEREAS, Section 17.08.710 does not clearly, and was not likely intended to, include commercial renewable energy facilities such as commercial solar energy facilities;  and  WHEREAS, the Blythe Municipal Code does not define or contain specific WHEREAS, for purposes of this ordinance, "commercial solar energy facility" refers to as solar energy facility thati is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. "Commercial solar energy facility" does not include a solar energy system that meets the definition of California Civil Code section 801.5. Commercial solar energy facility" also does not include accessory solar energy equipment installed for on-site consumption. "Commercial solar energy facility" does  regulations for commercial solar energy facilities; and  include what are commonly known as solar farms; and  WHEREAS, on October 10, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 925-23-U, establishing a temporary 45-day moratorium on the  establishment of new commercial solar energy facilities in the City; and  Urgency Ordinance No. 933-24-U  Page 1of5  -103-    WHEREAS, on November 14, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 926-23-U, extending the temporary moratorium for 10 months and 15 days as authorized by California Government Code section 65858; and  WHEREAS, the moratorium will expire on October 9, 2024, unless extended pursuant to California Government Code section 65858, which authorizes the City Council, after notice pursuant to California Government Code section 65090 and a public hearing, to adopt an ordinance extending the moratorium for one year, upon approval by at four-fifths vote, and upon making the same findings required for initial adoption of the  moratorium; and  WHEREAS, California Government Code section 65858(d) requires the City Council, 10 days prior to the expiration of the moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led  to the adoption of the moratorium; and  WHEREAS, on September 10, 2024, the City Council issued a written report detailing the steps that staff was taking to alleviate the conditions that led to adoption of the moratorium in accordance with California Government Code section 65858(d); and WHEREAS, the City has a pending application for the construction of a five- megawatt commercial solar energy facility on land located within the Colorado River  Corridor Plan area. The land is currently in agricultural production; and  WHEREAS, the City anticipates that it will continue to receive applications to WHEREAS, the Colorado River Corridor Plan was adopted in March 2007 following a comprehensive and iterative planning process that started with the formation oft the Colorado River Corridor Plan Ad-Hoc Advisory Committee ("Committee") in August 2005. The process included coordination between the Committee and City departments, and consultation with the Palo Verde Unified School District and the Palo Verde Irrigation District. Professional planning, environmental, and engineering consultants also provided support to the City during the planning process. The planning process also included input from the community at community workshops and input from the Planning Commission  construct commercial solar energy facilities; and  and City Council; and  WHEREAS, the Colorado River Corridor Plan is a comprehensively planned, waterfront-orented land use plan intended to complement other areas of the City; and WHEREAS, the City's vision for the Colorado River Corridor Plan area includes providing a variety of housing opportunities to establish viable and livable neighborhoods; preserving valuable open space; developing additional recreational and resort land uses; protecting existing agricultural land uses; creating a multi-purpose recreational trail system; providing additional river access points; and preserving open space while  Urgency Ordinance No. 933-24-U  Page 20f5  -104-    balancing circulation needs; and  WHEREAS, the Colorado River Corridor Plan establishes connections between all of the lands within its boundaries to provide integration and balance between the Blythe  Riverfront and the rest of the City; and  WHEREAS, goals oft the Colorado River Corridor Plan include maintaining a small- town atmosphere, encouraging development of resorts, hotels, and other visitor-serving  commercial uses, and managing growth and development timing; and  WHEREAS, the City is concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses and would obstruct the attainment of the goals and objectives of the Colorado River Corridor Plan;  and  WHEREAS, the City is concerned that commercial solar energy facilities may have adverse effects on City residents. Absent this interim urgency ordinance, incompatible commercial solar energy facilities may be established that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and  developed Colorado River Corridor Plan; and  WHEREAS, the Development Services Department requires time to study and assess various approaches to regulating the scale, design, and location of commercial solar energy facilities to ensure they are compatible with residential and surrounding land  uses, and to present its recommendations to the City Council; and  WHEREAS, there is a current and immediate threat to the public health, safety, and welfare if new commercial solar energy facilities are established, and the approval of any permits or entitlements for such facilities would result in that threat to the public  health, safety, and welfare; and  WHEREAS, the City Council desires to extend the moratorium for a period of one year, or until the City Council adopts an ordinance regulating commercial solar energy  facilities, whichever occurs first; and  WHEREAS, on October 8, 2024, the City Council conducted a duly noticed public hearing on the adoption oft this ordinance extending the moratorium on the establishment  of new commercial solar energy facilities.  NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES SECTION 1. Recitals. The City Council finds that the recitals set forth above are  ORDAIN AS FOLLOWS: true and correct.  Urgency Ordinance No. 933-24-U  Page 3 of5  -105-    SECTION 2. Moratorium. Inorder to protect the public health, safety, and welfare of the community and pursuant to the provisions of California Government Code section 65858, no new commercial solar energy facility shall be established. The City shall not issue any permits or entitlements inconsistent with this ordinance while this moratorium and any extension thereof is in effect. Nevertheless, as required by State law, the City may continue to accept and process applications for development prohibited by this moratorium. Any application shall be processed at the applicant's sole cost and risk with the understanding that no new commercial solar energy facilities shall be established while this moratorium and any extension thereof is in effect. This ordinance shall apply to all applications for commercial solar energy facilities, including any application that has  been filed, even if complete, prior to the effective date of this ordinance.  SECTION 3. Urgency Measure. This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of California Government Code section 65858. As set forth in the findings above, this ordinance is necessary for preserving the public health, safety, and welfare of the community. Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance shall  take effect immediately.  SECTION 4. Extension; Expiration. The moratorium on the establishment of new commercial solar energy facilities is hereby extended fora an additionalone year, such that the moratorium will now expire on October 9, 2025, or until the City Council adopts an ordinance regulating commercial solar energy facilities, whichever occurs first.  Thereafter, the moratorium will be of no further force and effect.  SECTION 5. Environmenta. Compliance. The City Council finds that, regarding the California Environmental Quality Act (CEQA), this' ordinance is exempt from CEQA because there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guidelines section 15061(b)(3)).  SECTION 6. 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.  SECTION7.Certification. 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. following vote:  PASSED, APPROVED AND ADOPTED this 8th day of October, 2024, by the  Urgency Ordinance No. 933-24-0  Page 4 of5  -106-    AYES: NOES: ABSENT: ABSTAIN:  Joseph DeConinck Mayor  ATTEST:  Mallory Crecelius City Clerk  APPROVED AS TO FORM:  Brittany E. Roberto City Attorney  Urgency Ordinance No. 933-24-U  Page 5of5  -107-    NEW BUSINESS  -108-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETINGDATE: October 8, 2024  SUBJECT:  Committee Appointments  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager tos serve on the Palo Verde College Advisory Committee.  RECOMMENDATION: Itisi recommended the Mayor appoint a1 member ofthe City Council  FISCAL IMPACT: None.  BACKGROUND: In September, Palo Verde College staff asked who from the Council would represent the City on the College's Advisory Board. Former Councilman Dale Reynolds had previously served ast the: representative, although City staffcannot: find documentation on when /how that appointment was made. It is not on the list of committee appointments made each STAFF REPORT: The Palo Verde College Advisory Committee meets twice a year. The current meeting schedule includes meetings on November 14, 2024 and May 8, 2025.Ibelieve Iti is recommended that the Mayor appoint a member of the City Council to serve on the Palo  year/term by the Mayor.  the meetings are held during lunchtime. Verde College Advisory Committee. ATTACHMENTS:  -109-    CITY OF BLYTHE CITY COUNCIL MEETING STAFF REPORT  Blythe  MEETINGDATE: October 8, 2024  SUBJECT:  Request to Waive Temporary Use Permit Fee for Calvary Chapel's Community Trunk or Treat Event and Community Center Rental Fees for  The Rec-N-Crew's! Homecoming Event  PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager  RECOMMENDATION: Iti isi recommended Council waive the' Temporary Usel Permit (TUP) Fee of$262.00: for Calvary Chapel to hold a' Trunk-or-Treat Community Event at 155 and 175 N. Spring Street and Community Center Rentals fees excluding the $150D Deposit and $100labor fee for the Rec-N-Crew to host their annual Homecoming event at Todd Park. FISCAL IMPACT: Loss ofi revenue in the amount of $762.00.  BACKGROUND: Calvary Chapel isl hosting a Trunk-or-Treat event at 155 and 1751 N. Spring Street, the site ofthe former Sears and. Ashleyl Home Store on' Thursday, October31,2024. The event is free and open to the public. The Church is inviting local business toj participate in the event, pass out business information and candy or host a game for participants. No sales are permitted during the event. As the event is not on the Church'sp property, a' TUP is required for For many years the Rec-N-Crew has hosted a fundraiser during Homecoming in front of the Community Centeri in' Todd Park. The Community Centeri is usedi for thei restroom facilities and STAFF REPORT: As the Calvary Chapel event is community based, free and open to the community, iti is recommended the Council waive the TUP fee of $262.00 for the event. They have supplied the required information, including property owner permission for stafftoi issue The Rec-N-Crew was formed to support the Joe Wine Blythe Recreation Center. As the Homecoming event is one of their annual fundraisers, it is requested Council waive the $500 rental fee fort their use ofthe Community Center on October 18, 2024. Thel Rec-N-Crewl has paid the $1001 labor fee and thei refundable $150 deposit for their use ofthei facility. Ast thel labor feeis ad direct cost to the City, Council has not previously waived the labor fee. The deposit will be  the event.  to store equipment overnight.  the' TUP for the event.  returned to the Rec-N-Crew after the event. ATTACHMENTS: None  -110-    REPORTS  -111-    PUBLIC  COMMENT  -112-    ADJOURN  -113-