BLYTHE CITY COUNCIL FIRST GRT Blythe TS SCCETTIE AGENDA March 11, 2025 6:00 P.M. Joseph DeConinck, Mayor Johnny Z. Rodriguez, Vice Mayor Joseph Halby, III, Council Member Sam Burton, Council Member Summer Spraggins, 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 March 11, 2025 6:00pm CALL TO ORDER ROLL CALL Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attorney Roberto Fire Chief Hasler Council Member Halby City Treasurer/Finance Director Elms Public' Works Director Elegores Council Member Burton Chief Building Official Brown Council Member Spraggins PLEDGE OF ALLEGIANCE INVOCATION ADDED STARTER: The City Council may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the City Council and/or staff subsequent to the posting of the Agenda. An action adding an item to the Agenda requires a 2/3 vote of the City Council (4 of 5 Council Members). If less than 2/3 of the City Council is present, adding an item to the Agenda requires a unanimous vote. PROCLAMATION: (Item 1) 1. American Red Cross- April 2025. PRESENTATION: (Item 2) 2. Audited Financial Statements for Fiscal Year 23/2024. Recommendation: Receive and file the City's audited financial statements and related documents for FY23/2024. CONSENT CALENDAR- (Items 3-11) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council or staff request specific items be discussed and/or removed from the Consent Calendar for separate action. 3. Posting of the Agenda. The agenda was 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 and on the City's website on Friday, March 7, 2025. 4. Approval of the Warrant Register. Recommendation: Approve 3/11/25, warrants numbered 10973 through 10996 and 79279 through 79341 in the amount of $1,038,553.95; 3/11/25, Utility Billing Refund warrants numbered 79342 through 79353 in the amount of $1,121.18 and 3/11/25, warrants numbered 10997 through 11007 and 79354 through 79386 in the amount of $220,979.28. 5. Approval of the Payroll Register. Recommendation: Approve 3/11/25, warrants numbered 54997 through 55016 and Direct Deposit warrants numbered 61154 through 61227 in the amount of $295,166.24; 3/11/25, warrants numbered 55017 through 55035 and Direct Deposit warrants numbered 61228 through 61302 in the amount of $298,083.53 and 3/11/25, warrants numbered 55036 through 55047 and Direct Deposit warrants numbered 61303 through 61403 in the amount of $94,211.44. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.dlytbly.hecagov. 6. Minutes of the February 11, 2025, City Council Meeting. Recommendation: Approve the Minutes of the February 11, 2025, Meeting. 7. City of Blythe Permits Issued in the Month of February 2025. Recommendation: Receive and file the monthly report. 8. City of Blythe Fire Department Monthly Activity Report for February 2025. Recommendation: Receive and file the monthly report. 9. City of Blythe Police Department Monthly Activity Report for February 2025. Recommendation: Receive and file the monthly report. 10. Quality of Life Program Activity Report for February 2025. Recommendation: Receive and file the monthly report. 11. Ordinance No. 936-25 Establishing a Prohibition Against Camping and Storage of Personal Property upon Streets, Sidewalks and Public Places. Recommendation: Adopt Ordinance No. 936-25. ORDINANCE NO. 936-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF BL YTHE MUNICIPAL CODE. PUBLIC HEARING: (Items 12-13) 12. Ordinance No. 935-25 Amending Title 17 of the Blythe Municipal Code (Zoning Code) Relating to Changes to Implement Various Programs Set Forth in the City's 6th Cycle Housing Element. Recommendation: Subsequent to the public hearing, introduce Ordinance No. 935-25. ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO CHANGES TO IMPLEMENT PROGRAMS SET FORTH IN THE CITY'S 6TH CYCLE HOUSING ELEMENT, INCLUDING ADDING A NEW HOUSING ELEMENT OVERLAY, ADDING, REVISING, AND DELETING DEFINITIONS, ADDING AND AMENDING REGULATIONS RELATING TO LOW BARRIER NAVIGATION CENTERS AND VARIOUS TYPES OF GROUP HOUSING, AMENDING RESIDENTIAL LOT COVERAGE REQUIREMENTS IN THE R-M AND R-H ZONES, ADDING AND REVISING STANDARDS REGARDING DENSITY IN RESIDENTIAL ZONES, AMENDING PARKING REQUIREMENTS FOR SPECIFIED RESIDENTIAL USES, AND. ADDING REGULATIONS TO IMPLEMENT THE STATE DENSITY! BONUS LAW, AND FINDING THE ORDINANCE ES EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (COMMON SENSE EXEMPTION). 13. Ordinance No. 937-25 Rezoning Two Parcels and Adding a New Section 17.27.050 to Title 17 (Zoning) of the Blythe Municipal Code Waiving the Art in Public Places Impact Fee on Affordable Housing and Special Needs Housing. Recommendation: Council, acting as the City's Planning Agency, conduct a Public Hearing regarding Ordinance No. 937-25. ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BL YTHE, CALIFORNIA, REZONING TWO PARCELS AND ADDING A NEW SECTION 17.27.050 (WAIVER OF FEE) TO CHAPTER 17.27 (ARTS IN PUBLIC PLACES PROGRAM) OF DIVISION III (DEVELOPMENT AND PERFORMANCE STANDARDS) OF TITLE 17 (ZONING) OF THE BLY YTHE MUNICIPAL CODE WAIVING THE ART IN PUBLIC PLACES IMPACT FEE ON AFFORDABLE HOUSING AND SPECIAL NEEDS HOUSING. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.dlytbly.hecagov. NEW BUSINESS: (Items 14-16) 14. Ordinance No. 938-25 Amending Provisions of Chapter 2.65 (Purchasing System) of Title 2 (Administration and Personnel) of the Blythe Municipal Code Relating to Bidding Thresholds and Purchasing Authority, Amendment Authority, Bidding Exemptions, and Surplus Property. Recommendation: Introduce Ordinance No. 938-25: ORDINANCE NO. 938-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.65 (PURCHASING SYSTEM) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE BLYTHE MUNICIPAL CODE RELATING TO BIDDING THESHOLDS AND PURCHASING AUTHORITY, AMENDMENT. AUTHORITY, BIDDING EXEMPTIONS, AND SURPLUS PROPERTY. 15. Agreement for Abatement Services at 495 N. Main Street. Recommendation: Authorize Interim City Manager to enter into an agreement with R&L Watkins, Inc. for the abatement of 495 N. Main Street in an amount not to exceed $96,000; authorize $10,000 for project contingencies; set a project budget of $106,000; authorize the Interim City Manager to execute any amendments to the agreement within the project budget and authorize the Interim City Manager to take any related actions necessary to abate this site. 16. 2024 Rule 20A Work Credit Balance. Recommendation: Provide direction to staff to either abandon the Rule 20A fund balance or proceed with an underground district project. ORAL REPORTS (Council may ask a question for clarification, make a brief announcement, make al brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.) PUBLIC COMMENT Public comments will be allowed on matters not appearing on the agenda, but within Council/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration. ADJOURNMENT The next meeting will be held on April 8, 2025, 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 504/ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at msutterfield@cityotblythe.ca.goy. Notification 72 business 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 Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.dlytbly.hecagov. PROCLAMATION CITY OF BLYTHE Broclamation American Red Cross Month March 2025 WHEREAS, This March, we celebrate American Red Cross Month by recognizing the compassionate acts of people in Riverside County and by renewing our commitment to lean a helping al hand to our neighbors in need; and WHEREAS, Since Clara Barton founded the American Red Cross more than 140 years ago, generation after generation has stepped up to delivered relief and care across the county and around the world, bringing out the best ofhumanity in times ofcrisis, and WHEREAS, Advancing this noble mission, the volunteers, blood ànd platelet donors, and supporters who give back through the American Cross of Riverside County remain unwavering in their commitment to prevent and alleviate human suffering in the face of today's emergencies; and WHEREAS, Their voluntary and generous contributions shine a beacon of hope in people's darkest hours, whether it's delivering shelter, food and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans and their families; saving lives with first aid, CPR, AED and other skills; or delivèring international aid and reconnecting loved ones separated by global crises; and WHEREAS, This work to uplift our community is truly made possible by those who selflessly answer the call to help, whenever and wherever it's needed. We hereby recognize the month of March in honor of their remarkable service, and we ask everyone. to join in their commitment to care for one another. NOW, THEREFORE, BE IT RESOLVED that I, Mayor DeConinck, by virtue of the authority vested in me by the laws of the City of Blythe and State of Califoria, do hereby proclaim March 2025 as RED CROSS MONTH. I encourage all citizens of Blythe to reach out and support its humanitarian mission. IN WITNESS WHEREOF, I have hereunto set. my hand and caused the official seal oft the City of Blythe, Califomia to be affixed this I1 day of March 2025. Mayor Dated PRESENTATION CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT ISHE MEETING DATE: February 11, 2025 SUBJECT: Audited Financial Statements for the Fiscal Year 2023-2024 PRESENTED BY: Daphnie Munoz, CliftonLarsonAllen LLP (CLA) Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director ofl Finance RECOMMENDATION: Receive and filet the City's audited financial statements and related documents for fiscal year 2023-2024. FISCAL IMPACT: None BACKGROUND: The City is required to complete an independent audit of its financial statements at the end ofeach fiscal year. The audit for the fiscal year 2023-2024 was conducted by CliftonLarsonAllen LLP (CLA). In addition to the audit, the independent firm prepares the City's financial statements in conformance with Generally Accepted Accounting Principles (GAAP). On March 11,2025, the Finance Committee, Staff, and management from the firm met for a comprehensive review of the audit and tinancial statements. Itis City Council policy per Resolution 09-827 to present the results of the annual audit in an open meeting. STAFF REPORT: CliftonLarsonAllen LLP (CLA) has completed the fiscal year 2023-2024 audit ofthe City's financial statements. Staffi is pleased to report that the auditor's opinion on the City's fiscal year 2023-2024 financial statements is an "Unmodified Opinion". That is, the auditors have reported, in their opinion, that the financial statements present themselves fairly, in all material respects, as it relates to ther respective financial position ofthe government activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Blythe as ofJune 30, 2024. In addition to the City receiving the most desirable audit opinion. The "Going Concern" disclosurehas' been removed from the City's Financial Statements and as an Emphasis ofMatter within the Independent Auditors' Report for fiscal year 2023-2024. CliftonlarsonAllen LLP (CLA) also provided the City with a Governance Report. The Governance. Report is intended to provide management and those charged with governance with valuable information regarding the organization. The report discloses, if any, significate audit matters, difficulties encountered, corrected or uncorrected misstatements, disagreements with management, audit findings, and other compliance issues that are found. In auditing the financial statements, the auditors consider the City's internal controls over financial reporting to determine the audit procedures that are appropriate for the purpose of expressing an opinion ofthe financial statements. A deficiency in internal controls may result in material weakness. A deficiency or combination of deficiencies in internal controls may lead to the prevention of, or detection and correction of, misstatements on a timely basis. Pleased to report the auditor's report on internal controls found no deficiency or noncompliance of the City's internal controls. The City's audited financial statements have been posted on the City's website for the public to view and/or print at htp.hppwadipolhiytecas gov/ in addition a copy may bei requested from the City Clerk's s Office. Staffhave provided all the listed attachments to the City Council under separate cover. ATTACHMENTS: 1. Governance Conclusion Communication Letter 3. Internal Control Report 4. City of Blythe Financial Statements for Fiscal Year FY 2023-2024 CONSENT CALENDAR 2 2 4 O L 6 8 9 11 2 2 Bb 2 2 5 6 2 E Minutes of the Blythe City Council Meeting February 11, 2025 The February 11, 2024 meeting ofthe Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Mayor DeConinck. Also in attendance were Council Members Halby, Burton and Spraggins. Vice Mayor Rodriguez was excused from the meeting. 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 Chief Hasler. 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 is no reportable action. PRESENTATION: Colorado River Fair Ambassadors. The 2024/25 Fair Ambassadors made a presentation to the Council regarding the 2025 Colorado River Fair, scheduled for March 12-16, 2025. CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion ofthe Council. If any item requires individual consideration, it will be removed from the consent calendar and acted upon separately. 2. Posting of the Agenda. The agenda was 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 and on the City's website on Friday, February 7, 2025. 3. Approval of the Warrant Register. Recommendation: Approve 2/11/25, warrants numbered 10943 through 10964 and 79156 through 79220 in the amount of $395,267.36; 2/11/25, Utility Billing Refund warrants numbered 79221 through 79231in the amount of $1,734.28 and 2/11/25, warrants numbered 10965 through 10975 and 79232 through 791278 in the amount of$292,390.35. 4. Approval of the Payroll Register. Recommendation: Approve 2/11/25, warrants numbered 54939 through 54940 in the amount of $5,822.27; 2/11/25, warrants numbered 54941 through 54960 and Direct Deposit warrants numbered 60909 through 60980 in the amount of $288,485.60; 2/11/25, warrants numbered 54961 through 54962 in the amount of $307.93; 2/11/25, warrants numbered 54963 through 54981 and Direct Deposit warrants numbered 60981 through 61050 in the amount of $295,856.48; 2/11/25, warrants numbered 54982 through 54983 and Direct Deposit warrant numbered 61051 in the amount of $78,783.22; 2/11/2025, warrant numbered 54984 and Direct Deposit warrant numbered 61052 in the amount of $288.25 and 2/11/25, warrants numbered 54985 through 54996 and Direct Deposit Warrants numbered 61053 through 61153 in the amount of $96,616.79. 5. Minutes of the January 14. 2025, City Council Meeting. Recommendation: Approve the Minutes of the. January 14, 2025, Meeting. 6. City of Blythe Permits Issued in the Month of January 2025. Recommendation: Receive and file the monthly report. 7. City of] Blythe Fire Department Monthly Activity Report for January 2025. Recommendation: Receive and file the monthly report. 8. City of Blythe Police Department Monthly Activity Report for January 2025. Recommendation: Receive and file the monthly: report. 9. Ouality ofLife Program Activity Report for January 2025. Recommendation: Receive and file the monthly report. 10. Acceptance of Work- New Water Reservoir at Palo Verde College. Recommendation: Accept the work performed by AZCA Drilling & Pump, Inc. for the New Water Reservoir at Palo Verde College Project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate. 11. Acceptance of Work- Pumping Station #5 Renovation Project. Recommendation: Accept the work performed by Robert Yates dba Cholla Construction for the Pumping Station #5 Renovation Project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate. 12. Memorandum of Understanding Between the Cities of Blythe and Indio Regarding Reimbursement of Off-Duty Personnel at Special Events. Recommendation: Authorize the Interim City Manager to execute a Memorandum of Understanding between the Cities of Blythe and City Indio, once reviewed and approved by the City Attorney. 13. Amendment to Professional Services Agreement with Retail Strategies. Recommendation: Authorize the Interim City Manager to execute an amendment to the Professional Servies Agreement for Consulting Services between the City and Retail Strategies, LLC extending the term for a period of three years at a cost of $45,000 per year. 14. Ordinance No. 934-24, Amending Title 17 of the Blythe Municipal Code (BMC) Relating to Changes Required by the City's 6th Cycle Housing Element Programs for Emergency Shelters, Employee Housing, and Reasonable, Accommodation Procedures. Recommendation: Adopt Ordinance No. 934-24. ORDINANCE NO. 934-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO CHANGES REQUIRED BY THE CITY'S 6TH CYCLE HOUSING ELEMENT. PROGRAMS FOR. EMERGENCISHELTERS EMPLOYEE HOUSING, AND REASONABLE ACCOMMODATION PROCEDURES AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIROMMENTAL REVIEW UNDER THE CALIFORNIA ENVIROMMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) (COMMON, SENSE. EXEMPTION) Council Member Halby asked to pull Item No. 13. from the Consent Calendar. No public comment. Council Member Halby moved approval of Consent Calendar items 1-12 and 14. The motion was seconded by Council Member Burton with a unanimous aye vote. Amendment to Professional Services Agreement with Retail Strategies. Councilman Halby wanted to make sure the same safeguards were in place. They have done a decent job. They did pull us a couple ofbusinesses. I would like more consistent reporting. Public Comment. Kathy Linares of 2545 Fairway Drive reported on the Small Business Association. It's free, and they will come to Blythe to tell us what we need. Council Member Halby moved approval of staff's recommendation. The motion was seconded by Council Member Spraggins with ai unanimous aye vote. PUBLIC HEARING: Ordinance No. 935-25 Amending Title 17 of the Blythe Municipal Code Relating to Changes to Implement Various Programs Set Forth in the City's 6th Cycle Housing Element. Interim City Manager Crecelius stated the City's 6th Cycle Housing Element Update was approved by HCD on August 29, 2024. The Housing Element committed to programs which require changes in Zoning as set forth in Title 17 of the Blythe Municipal Code. This is the second in a series ofOrdinances that will be presented to Council to address changes required by the Housing Element. The Proposed ordinance implements changes in five Housing Element Programs: 1.A.3, 1.A.4, 2.A.6, 2.D.1 and 2.D.3. To address 1.A.3, Chapter 17.30A will be added to the Blythe Municipal Code establishing how the State Density Bonus Law will be implemented to promote the construction of affordable housing in the City. In program 1.A.4, the City committed to amending the Zoning Code to require by right approval of housing developments that include 20% of the units as affordable to lower income. To implement this program, the proposed Ordinance adds a Housing Overlay zone (HEO) which allows affordable developments by right. The Ordinance creates the zone and regulations; a General Plan Amendment and Zoning change will be necessary to establish the HEO zoning designation. In Program 2.A.6, the City committed to permitting mobile homes in the same manner as stick-built housing, modifications to parking requirements and modifications to lot coverage requirements for Medium Density Residential and High-Density Residential zones. The Ordinance amends the definition of manufactured housing and mobile homes and amends Section 17.16.060 to create new parking requirements based on number of bedrooms and amends Section 17.10.015 to increase coverage requirements for the R-M and R-H zones to fifty percent of total area. In program 2.D.1, the city committed to amending the Zoning Code to designate residential care facilities as permitted uses by right in residential zones, add a definition for group homes and allow group homes with six or fewer persons by right in residential zones and updates the definition of family to be consistent with State Law. To implement this program, the Proposed Ordinance amends the permitted uses table in Section 17.08.010 to allow residential care facilities and group homes in all residential zones and adds a definition for group homes and amends the definition of family. In Program 2.D.3, the City committed to amending the Zoning Code to ensure that supportive and transitional housing are treated as residential uses subject to only the same restrictions as other residential dwelling of the same type in the same zone to comply with State law requirements regarding low-barrier navigation center. To implement this program, the ordinance adds Chapter, 17.63F Low Barrier Navigation Center, adds Chapter 17.63G Supportive Housing for Homeless and amends the permitted uses table in Section 17.08.010 to outline where supportive housing for homeless and low barrier navigation centers are permitted by right. The proposed ordinance also adds, revises and deletes definitions set forth in Chapters 17.04 and 17.08, relocating definitions to Chapter 17.04 and removing them from Chapter 17.08. The ordinance also includes a change to Section 17.10.050 to incorporate the allowed density per acre for each ofthe zones; the density correlates to that in the General Plan. These changes are required based on State Laws that were designed to make it easier and affordable to build new housing in the State of California. Therefore, it is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding Ordinance No. 935-25. No public comment. The Council, acting as the City's Planning Agency, conducted the Public Hearing. ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE. BLYTHE MUNICIPAL CODE RELATING TO CHANGES TO IMPLEMENT PROGRAMS SET FORTH IN THE CITY'S 6TH CYCLE HOUSING ELEMENI; INCLUDING ADDING A NEW HOUSING ELEMENT OVERLAY, ADDING, REVISING, AND DELETING DEFINITIONS, ADDING ANDAMENDING REGULATIONS RELATING TO LOW BARRIER NAVIGATION CENTERS AND VARIOUS TYPES OF GROUP HOUSING, AMENDING RESIDENTIAL LOT COVERAGE REQUIREMENTS, IN THE R-MAND R-H. ZONES, ADDING AND REVISING STANDARDS REGARDING DENSITY IN RESIDENTIAL ZONES, AMENDING PARKING REQUIREMENTS FOR SPECIFIED RESIDENTIAL USES, AND ADDING REGULATIONS TO IMPLEMENT THE STATE DENSITY, BONUS LAW NEW BUSINESS: Ordinance Establishing a Prohibition Against Camping and Storage of Personal Property Upon Streets, Sidewalks, and Public Places. Interim City Manager Crecelius stated in June 2024, the United States Supreme Court issued its decision in City of Grants Pass V. Johnson. Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property. The Supreme Court's decision also overturned Martin V. Boise, a 2018 decision by the Ninth Circuit Court of Appeals that held that the Eight Amendment's Cruel and Unusual Punishments Clause bars cities from enforcing public camping ordinances whenever the number of homeless people in a jurisdiction exceeds the number of "practically available" shelter beds. Following the Supreme Court's decision, staff began researching and working on an ordinance to prohibit camping and the storage of property in public places. The City has implemented several actions to address Quality of Life issues in the City, which include homelessness. For several years, funding has been allocated for a Sergeant to work with the County of Riverside to provide homeless outreach. This team assists the homeless population by providing a connection to services and/or treatment necessary to get them off the streets and into housing. Through grants and donations, the City can assist travelers who have become stranded in Blythe from becoming homeless. Although this program has been very successful, the City needs many tools to address the ongoing homelessness crisis in the State of California. This includes ensuring the health, safety and welfare of all residents, businesses and visitors. The proposed Ordinance, as drafted, prohibits camping and the storage of personal property on public property. This includes public parks, sidewalks, and other publicly owned or controlled property within the City; prohibits sleeping on any public sidewalk, street, alleyway, median, parkway, right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a sidewalk; prohibits building or erecting structures along the banks of waterways and outlines other prohibitions aimed at protecting public waterways; prohibits storing personal property on any public property, except as approved in writing by the City Manager or the Public Works Director and provides for the notice, removal, storage and disposal of personal property left or stored in public places. The express purpose and intent of the proposed Ordinance is to maintain the City's public places and areas owned and maintained by the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Therefore, it is recommended that the Council introduce Ordinance No. 936-25. Councilman Halby stated this means no camping by homeless at Quechan Park, no camping in any City parks. Interim City Manager Crecelius stated that is correct. The City does not have an Ordinance or policy allowing camping in City parks. Councilman Halby asked about sidewalks and bus shelters. Interim City Manager Crecelius stated the bus stops are not City property, but this Ordinance includes sidewalks. Public comment. Diane Easley of Hobsonway asked what the plan was to redirect these homeless people. Are there new services being brought on board to address that? Are they taken to jail, and then released, then what? Are you coordinating with Sacramento? There is an issue across the state. Council Member Halby moved approval of staff's recommendation. The motion was seconded by Council Member Spraggins with a unanimous aye vote. ORDINANCE NO. 936-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS. AND PUBLIC PLACES) OF BLYTHE MUNICIPAL CODE Agreement for Annual Inspection and Maintenance of WTP and WWTP PV Solar Sites. Finance Director Elms stated In 2015, Council approved an energy service agreement with Climatec LLC and SunPower Corporation for implementation of energy-related improvements to City facilities. The agreement included the installation of PV solar systems at the Water Treatment Plant and Wastewater Treatment Plant by SunPower, additionally the City entered into an agreement with SunPower for operation and maintenance of both systems for a term of 25 years. In 2022, the City received notice that SunPower entered a purchase agreement with TotalEnergies transferring Sunpower's obligation under the maintenance agreement with the City to TotalEnergies. The City would later receive notice from TotalEnergies of their intent to terminate its agreement with the City for these services effective January 2024. The last documented visit by TotalEnergies to either ofthe systems for maintenance under the agreement was October 2023. The visit documented multiple issues with the system at the Water Treatment Plant. These issues were left unresolved and are causing the underpertormance of the system. In response to the termination of agreement by TotalEnergies and to address the issues with the underpertorming system at the Water Treatment Plant, staff worked with Climatec to identify a contractor that had the expertise necessary to inspect and assess the system at the Water Treatment Plant. The City hired M.B. Herzog Electric for these services. Herzog's site visit found multiple issues including faulty inverters and faulty tracking of the panels. Both issues have a direct link to the underpertormance ofthe system. The City is negotiating a contract with Herzog for the repairs at the Water Treatment Plant. Meanwhile, neither system has been maintained since TotalEnergies terminated their agreement. Staff obtained cost proposals from Herzog Electric for continued maintenance of both systems. The cost for annual inspection and maintenance is $77,350 per system for a term of 5 years. Herzog's maximum cost for both systems is a reduction in cost to the City compared to the original agreement with SunPower. To prevent future faults of both systems and to keep both systems performing to reach the savings as projected in the original energy service agreement, staff believes it is in the City's best interest to contract immediately with Herzog for annual inspection and maintenance of both systems based on Herzog's cost, expertise, current knowledge of the systems and to prevent delays in energy bill savings. Therefore, pursuant to Section 2.65.070 (I) of BMC, it is recommended that City Council make a determination to exempt the procurement of annual inspection and maintenance services for the solar systems at the Water Treatment Plant and Wastewater Treatment Plant from formal bidding requirements finding it in the City's best interest to do SO based on the conditions identified. It is further recommended Council authorize the Interim City Manager to enter and execute agreement(s), once approved by the City Attorney, with M.B. Herzog Electric, Inc. for the annual inspection and maintenance services for the Water Treatment Plant and Wastewater Treatment Plant for a term of 5 years, for a maximum cost for both systems over the 5-year term of$154,700. No public comment. Council Member Burton moved approval of staff's recommendation. The motion was seconded by Council Member Halby with a unanimous aye vote. Purchase of a 2024 Dodge Ram 3500 Brush Truck. Fire Chief Hasler stated the purchase of a new fast attack vehicle, or brush truck, is due to our current vehicle being a 1997 Ford pick-up which has met its useful life. Due to the expansion of our City limits, we now encompass more rural areas. When we respond to these areas our large engines are not able to get to them or have access to a fire. We wanted this truck, which can carry enough water for a fast attack of these brush fires to start knocking down the fire until the larger engines can respond. The truck we are purchasing is a 2024 Dodge Truck with a 350-gallon water tank. It's equipped for brush fighting and has a wench on the front. There are times when we need to move tree sumps or branches to get to a hot spot. This will be a multiuse vehicle. We can use it for small stuff like trash can fires and a second truck for medical aid, reducing the wear and tear on our larger engines. It's a four door with the capability of carrying 5 personnel. No public comment. Council Member Spraggins moved approval of the purchase of a 2024 Dodge Ram Truck for the Fire Department. The motion was seconded by Council Member Burton with a unanimous aye vote. Resolution No. 2025-001 Making the Required Certification for an Exception to the 180-Day Wait Period and Approve the Appointment of Thomas Ecret as a Retired Annuitant in the Position of Wastewater Treatment Plant Supervisor. Public Works Director Elegores stated the City's Wastewater Treatment Plant is a Class II Facility, and the treatment process is Activated Sludge. On average, the Wastewater Treatment Plant treats 1.3 million gallons of sewage collected in the City's sewer collection system per day. The Wastewater Treatment Plant is typically operated by staff consisting of the Wastewater Treatment Plant Supervisor with a Grade III Wastewater Certification and three full-time employees with Grade II and Grade I Wastewater Certifications issued by the State of California. To operate the Wastewater Treatment Plant, the State of California requires an operator with a Grade III Wastewater Certification from the State. The City's longtime Wastewater Treatment Plant Supervisor, Thomas Ecret, retired from the City of Blythe effective January 23, 2025. As the former Wastewater Treatment Plant Supervisor, Mr. Ecret has a Grade III Wastewater Certification from the State. The City does not currently have any other employees that have the required Grade III Wastewater Certification. As such, Mr. Ecret's services are necessary due to the critical need for the continued operation of the City's Wastewater Treatment Plant until the City fills the Wastewater Treatment Plant Supervisor position on a permanent basis. Pursuant to California Government Code Sections 7522.56 and 21224, a retiree through the California Public Employees Retirement System can be appointed by the appointing power of the employer without reinstatement or loss of retirement benefits either during an emergency to prevent stoppage of public business or because the retiree has skills needed to perform work of limited duration. However, the retiree is not eligible to be employed for a period of 180 days following retirement, unless an employer certifies the nature of employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. As outlined above, Mr. Ecret's appointment as an extra help retired annuitant is necessary to fill the critically needed position of Wastewater Treatment Plant Supervisor, with the required Class III Wastewater Certification from the State, to ensure the continued operation of the Wastewater Treatment Plant. This appointment is limited to 960 hours per fiscal year. Mr. Ecret will be paid a rate of$55.81 per hour. Over the next 12 months, the City will work to fill on a permanent basis, the Wastewater Treatment Plant Supervisor position. Therefore, staff recommends Council adopt Resolution No. 2025-001, appointing Thomas Ecret to provide extra help to the City of Blythe for approximately one day per week. No public comment. Council Member Halby moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. RESOLUTION NO. 2025-001. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING THE REQUIRED CERTIFICATION FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD AND APPROVING THE APPOINTMENT OF THOMAS ECRET AS A RETIRED ANNUITANT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56AND. 21224. Participation with Riverside County Office of Economic Development in the Submittal of a USDA Rural Business Development Grant. Interim City Manager Crecelius stated staff was asked by Riverside County Office of Economic Development to partner in a USDA Rural Business Development Grant application. If awarded, funds would be granted to local business owners for façade improvements, signage, ADA and sidewalk improvements, etc. Funds could also be allocated to the owners of vacant storefronts in need of refurbishment to make them tenant ready, this could include electrical, HVAC and health code improvements. We continue to hear that there is available space, but most sites need extensive work to be occupied. The purpose of this grant is to help improve the City's built environment which is one of the areas identified in the Kosmont Study commissioned in response to CDCR closing CVSP. If awarded, the implementation of this grant would be a vital step toward developing and renovating infrastructure, creating new jobs and supporting small and emerging businesses. The City's role in the grant process is to issue a Partnership Letter, obtain letters of support from local small businesses and partner agencies and help with grant administration. Staff was able to obtain support letters from CVAG, PVC, CIF and John Eason with Brown University. We anticipate a letter of support from Congressman Ruiz and the Chamber. The Chamber is also helping the City with letters from local businesses. These support letters will strengthen our application, and we hope to include as many as possible. Therefore, it is recommended Council authorize the Interim City Manager to execute a Partnership Letter to participate with Riverside County Office of Economic Development in submitting a USDA Rural Business Development Grant. It is further recommended Council authorize the Interim City Manager to execute any and all grant documents and items necessary to administer the grant program and provide an in-kind contribution of staff time, salaries, benefits and wages for the program. No public comment. Council Member Halby moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. No public comment. Council Member moved approval of participation in the USDA Rural Development Grant. The motion was seconded by Council Member Burton with a unanimous aye vote. Quechan Park Summer Pass. Interim City Manager Crecelius stated the City's adopted fee schedule for Quechan Park includes parking with boat launch at $12 per day. An annual pass is available for $150. The pass is valid from July 1st through June 30th, consistent with the City's fiscal year. Passes purchased after July are prorated. As most use of Quechan Park occurs during the summer months, staff would like to issue a Summer Pass for $75. The Summer Special would be valid for use between May 1, 2025 and October 31, 2025. If the Summer Special is successful, staff will request the Council add the Summer Pass to the fee schedule via Resolution. Therefore, staff recommends that Council authorize staff to offer a Summer Special for Day Use with Boat launch at Quechan Park for $75.e Passs purchased after May would be prorated. No public comment. Councilman Halby moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. ORAL REPORTS: Police Chief Dale introduced new Police Officer Edgar Duran. Interim City Manager Crecelius reported on the new Program Coordinator at the Recreation Center. The goal was to have someone focused on activities to engage with the kids at the Rec after school. France Camou was hired about a month ago and has hit the ground running. I am very excited about what she is doing and has planned. PUBLIC COMMENT: None ADJOURN: The City Council meeting was adjourned at 6:53pm. Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk 3/3/2025 City of Blythe Page 7:35:55AM PERMITS ISSUED For the Period 2/1/2025 thru 2/28/2025 Permit No./Issued Applied/Approved TypeSub-Tpe/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-020 CONC 5291 EAST MURPHY STREET HILTON FAMILY TRUST 2,100.00 0.00 0.00 2/24/2025 SIDEWALK 845162025 RICHARD EHOOVER 2/24/2025 ISSUED Permit Name SIDEWALK REPLACEMENT 1 SQUARE 2/24/2025 Total for: CONC 2,100.00 0.00 0.00 Permit No./Issued Applied/Approved TypeSub-TypeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid SAB2502-001 ELEC 334 VILLAGE DR LISA L: ROBINSON 33,250.00 695.32 695.32 2/3/2025 SOLAR 842161050 BRIGHT: PLANET SOLAR: INC 2/3/2025 ISSUED Permit Name PV + ST 2/3/2025 B2411-021 ELEC 1521 MESQUITE ROAD RICHARD. & MONICAAVILA 35,000.00 832.55 832.55 2/4/2025 SOLAR 851163003 SUNRUN: INSTALLATION SERV 11/14/2024 ISSUED Permit Name ROOF SOLAR 11/20/2024 B2412-006 ELEC 7714 AURORA WAY ARNOLD C PELICANO 13,000.00 326.69 326.69 2/4/2025 SOLAR 842221008 SUNRUN INSTALLATION SERV 12/5/2024 ISSUED Permit Name Remove Existing Panels & Replace 1/3/2025 B2501-009 ELEC 400 NORTH EIGHTH STREET MARYI LI POWERS 28,000.00 714.64 714.64 2/4/2025 SOLAR 851022030 SUNRUN INSTALLATION SERV 1/9/2025. ISSUED Permit Name Roof Solar & Battery 1/28/2025 B2501-010 ELEC 851 YUCCA DRIVE REEVES & STRICKER 28,000.00 654.64 654.64 2/4/2025 SOLAR 842220007 SUNRUN INSTALLATION SERV 1/9/2025. RCVDI REVISIONS Permit Name Roof Solar & Battery 1/29/2025 B2501-017 ELEC 3171 NORTH CARLTON AVENUE FRANCISCO & MARIA CEBRER 43,000.00 749.59 749.59 2/4/2025 SOLAR 836155016 SUNRUN INSTALLATION SERV 1/23/2025 ISSUED Permit) Name ROOF MOUNTED SOLAR 1/29/2025 SAB2502-002 ELEC 981 VISTA SUNRISE STREET VERONICA DELEONI MURILLO 25,460.00 693.31 693.31 2/7/2025 SOLAR 869372006 BRIGHT PLANET SOLAR INC 2/7/2025 ISSUED Permit Name PV + ST 2/7/2025 B2501-016 ELEC 132 MULEI DEER COURT HERNANDEZ, & KIDD-HERNAN 43,920.00 951.71 951.71 2/7/2025 SOLAR 824170052 BRIGHT PLANET SOLAR INC 1/23/2025 ISSUED Permit Name NEW GROUND MOUNTED SOLAR 1/29/2025 B2501-023 ELEC 9821 EASTI MURPHY: STREET HECTOR & SUSANNA FLORES 30,220.00 842.93 842.93 2/7/2025 851064001 BRIGHT PLANET SOLAR INC 1/24/2025 ISSUED Permit Name Solar & Battery 2/5/2025 B2502-002 ELEC 590 PARKER: PLACE RAUL& GUADALUPE RIOS 20,000.00 773.60 773.60 2/18/2025 SOLAR 842026005 SUNRUN INSTALLATION SERV 2/3/2025 ISSUED Permit Name PVI ROOF MOUNT SOLAR SYSTEM 2/5/2025 B2502-007 ELEC 395 NORTH! LOVEKIN. BOULEV ALI & GRACIELA: SHILWA 4,000.00 297.00 297.00 2/13/2025 836072009 JOHNSON CYLEI ELECTRICI INC 2/10/2025 ISSUED Permit Name New 200 amp service 2/12/2025 Total for: ELEC 303,850.00 7,531.98 7,531.98 PERM133 3/3/2025 City of Blythe Page 2 7:35:55AM PERMITS ISSUED For the Period 2/1/2025 thru 2/28/2025 Permit No./Issued Applied/Approved TipeSub-Tipe/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2501-019 ENCROACHMENT West Barnard, N Carlton ++++ CITY OF BLYTHE RIGHT OF WE 0.00 691.20 691.20 2/4/2025 LINE WORKS CONSTRUCTION 1/17/2025 ISSUED Permit Name #50153-5305666 1/28/2025 B2503-001 ENCROACHMENT VARIOUS (see cut sheet) CITYI RIGHT OF WAY 0.00 423.00 0.00 2/27/2025 SOUTHERN CALIFORNIA EDIS 2/26/2025 ISSUED Permit Name March BLANKET PERMIT 2/26/2025 B2501-032 ENCROACHMENT EF Hobson, N 7th, N9th, Acacia CITY OF BLYTHE RIGHT OF WA 8,651.50 690.00 690.00 2/12/2025 FRONTIER CALIFORNIA INC 1/31/2025 ISSUED Permit Name WO #50153-5375593 2/5/2025 B2501-021 ENCROACHMENT North Lovekin, Holley Ln +++ CITY OF BLYTHE RIGHT OF WE 0.00 706.20 706.20 2/4/2025 LINE WORKS CONSTRUCTION 1/21/2025 ISSUED Permit Name #50153-5305668 1/28/2025 B2501-020 ENCROACHMENT North Broadway, E Chaparral +++ CITYOF BLYTHE RIGHT OF WE 0.00 702.00 702.00 2/4/2025 LINE WORKS CONSTRUCTION 1/21/2025 ISSUED Permit Name #50153-5305074 1/28/2025 Total for: ENCROACHMENT 8,651.50 3,212.40 2,789.40 Permit No./Issued Applied/Approved TypeSub-lype'Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2310-028 EXCAV 1001 block North Lovekin Boulevai CITY OF BLYTHE RIGHT OF WA 0.00 656.00 656.00 2/21/2025 THE GAS COMPANY 10/17/2023 ISSUED Permit Name WO# #52-3135143 12/15/2023 Total for: EXCAV 0.00 656.00 656.00 Permit No./Issued Applied/Approved TypeSub-TypeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2411-008 FIRE 1455 WEST HOBSONWAY KMART CORP/FIFTH STREET! F 65,000.00 1,916.20 1,916.20 2/10/2025 SPRINKLER 836180022 EDISON FIRE: EXTINGUISHER ( 11/12/2024 ISSUED Permit Name SPRINKLER 1/17/2025 Total for: FIRE 65,000.00 1,916.20 1,916.20 Permit No./Issued Applied/Approved Type/Sub-lypeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-005 HYDRO 401 SOUTH LOVEKIN BOULEV SEVENTH. AND VALLEY. JOINT 20,000.00 346.00 346.00 2/27/2025 836142013 BC2 ENVIRONMENTAL LLC 2/5/2025 ISSUED Permit Name Soil vapor & Groundwater samples 2/6/2025 Total for: HYDRO 20,000.00 346.00 346.00 Permit No./Issued Applied/Approved. Type/Sub-TupeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-022 OTHER 721 WEST CALIFORNIA STREE JIMENEZ & SANDOVAL 11,870.00 261.27 261.27 2/25/2025 842131009 BURROW CONSTRUCTION 2/25/2025 2/25/2025 ISSUED Permit Name REROOF & PAINT, 21 sqs PERM133 uoc 3/3/2025 City of Blythe Page 3 7:35:55AM PERMITS ISSUED For the Period 2/1/2025 thru 2/28/2025 B2502-004 OTHER 450 NORTH SOLAAVENUE ADAM WARNER 3,600.00 290.66 290.66 2/10/2025 851021005 FERNANDOS AFFORDABLE FU 2/5/2025 FINALED Permit Name Wrought Iron Fencing, Concrete & Flooring 2/6/2025 Total for: OTHER 15,470.00 551.93 551.93 Permit No./Issued Applied/Approved TypeSub-Tupe'Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-003 PLUMB 931 NORTH EUCALYPTUS. AVE KEITHA WALNOHA 900.00 262.00 262.00 2/7/2025 WATER 839051004 BLACK SHEEP: PLUMBING 2/6/2025 FINALED Permit) Name Sewer Line Repair 2/6/2025 Total for: PLUMB 900.00 262.00 262.00 Permit. No./Issued Applied/Approved TypeSub-Tupe'Status: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-006 RERF 2088 EAST HOBSONWAY POSNER DAVID M AND. JOAN S 26,056.00 518.68 518.68 2/7/2025 TEAR OFF 857180017 OWNER 2/7/2025 ISSUED Permit Name TEAR OFF 2/7/2025 B2502-001 RERF 1200 NORTH BROADWAY SYLVIAANN, ABRIL 1,400.00 182.50 182.50 2/3/2025 OVERI EXIST 839110003 OWNER 2/3/2025 FINALED Permit Name REROOF OVER EXISTING 2/3/2025 B2502-009 RERF 2243 FLORENCE: BOULEVARD RODNEY, & SANDRA CORNELI 10,000.00 226.41 226.41 2/18/2025 TEAR OFF 824191040 OWNER 2/14/2025 ISSUED Permit Name Tear Off, 1400sf 2/14/2025 B2502-011 RERF 631 SEVILLE LANE STEVE &. JANICE DIR 15,000.00 313.61 313.61 2/20/2025 TEAR OFF 839042014 OWNER 2/20/2025 ISSUED Permit Name Tear Off, 38 squares 2/20/2025 B2502-018 RERF 372 EARLE STREET PHILLIP & RAMONA: RODRIGU 2,000.00 182.50 182.50 2/21/2025 TEAR OFF 851143007 OWNER 2/21/2025 ISSUED Permit Name Patio Only Tear Off, 120sf 2/21/2025 B2502-019 RERF 300 SOUTH SIXTH STREET GUILLERMO & ENEDINA: MEDI 5,500.00 183.54 183.54 2/21/2025 OVER EXIST 848171018 OWNER 2/21/2025 ISSUED Permit Name OVERI EXISTING 1530 sf 2/21/2025 B2502-023 RERF 4341 EAST MURPHY STREET DAVID & PAMELA DAGNINO 6,500.00 182.85 182.85 2/25/2025 OVER EXIST 845163008 ABOVE. ALL CONSTRUCTIONI 2/25/2025 ISSUED Permit] Name OVER EXISTING, 22 sqs 2/25/2025 B2502-024 RERF 6061 BELL LANE DOROTHY R HOLLEY 7,062.22 191.41 191.41 2/26/2025 TEAR OFF 869363008 OWNER 2/26/2025 ISSUED Permit Name Tear Off, 15 squares 2/26/2025 Total for: RERF 73,518.22 1,981.50 1,981.50 Permit No./Issued Applid/Approved TypeSub-Tupe'Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2412-003 RIVCOUNTY 9180 NORTHI INTAKE BOULEV VIVIAN BEVERLY SIEGEL 42,840.00 435.07 435.07 2/7/2025 830240003 BRIGHT! PLANET: SOLAR INC 12/20/2024 ISSUED Permit Name SOLAR & MPU 1/24/2025 PRRM133 uso 3/3/2025 City of Blythe Page 4 7:35:55AM PERMITS ISSUED For the Period 2/1/2025 thru 2/28/2025 RC2501-001 RIVCOUNTY 18351 COTTONWOOD: LANE LINOHERNANDEZ 36,710.40 1,472.36 2/25/2025 1,472.36 818324001 OWNER 1/6/2025 1/17/2025 ISSUED Permit Name Demo Garage, New Elec & Carport Total for: RIVCOUNTY 79,550.40 1,907.43 1,907.43 331 Permits Issued from 2/1/2025 Thru 2/28/2025 Total Valuation: $569,040.12 Total Fees: $18,365.44 Total Fees Paid: $17,942.44 3/3/2025 City of Blythe Page 7:42:37AM Permits Applications Received For the Period 2/1/2025 thru 2/28/2025 Permit No. Applied Type Subtype Status Site Address/Parce!: No. AyplsamlOmmr/Caminste. L2502-001 2/6/2025 BUSINESSLICENS FINALED 221 WEST CHAPARRAL DRIVE WALKER WAVE: POOL SERVICE Permit) Name 842144018 YVETTE TOUCHTON Description: L2502-002 2/14/2025 BUSINESSLICENS APPLIED 341 RIVER VALLEY. AVENUE FOODIE EATERY CO Permit Name CATERING 854123003 INIGUEZ, &. JAUREGUI Description: 2 Permit Applications from 2/1/2025 Thru 2/28/2025 3/3/2025 City of Blythe 8:09:10AM Cases Opened (By Type) For the Period 2/1/2025 thru 2/28/2025 Type of Case Number opened COMPLAINT 2 DEBRIS 1 DUMPING 2 Total Cases Opened: 5 Cases closed in February: 1I Remaininy CASes: 300 3/3/2025 City ofl Blythe Page 1 7:44:22AM Permits Finaled For the Period 2/1/2025 thru 2/28/2025 Permit No. Iss/Finaled Type/Sub-Type Site. Addr /1 Parcel No. / Applicant Lot/Bldg Size Lot & Block Tract & Subdivision BP2501-024 BURNPERMIT 246 NORTH ACACIA STREET 47 acre 2/3/2025 851071007 PERMIT 2025-024 OWNER BP2502-002 BURNPERMIT 2350E EAST' TENTH AVENUE 13.19 ACRES 2/4/2025 AG BURN 857130015 PERMIT: 2025-028 OWNER BP2502-003 BURNPERMIT 747NORTH: SEVENTHSTREET 3ACRES 2/4/2025 842080005 PERMIT 2025-029 KEVINI NELSON BP2502-004 BURNPERMIT 268 NORTH SOLANOAVENUE 33ACRE 2/5/2025 836090017 PERMIT 2025-033 LENA YOUNG &. ALVARO RAMIREZ BP2502-005 BURNPERMIT 19005 WILEYS WELL) ROAD >IACRE 2/5/2025 879040009 PERMIT: 2025-034 BRANDON SPICKELMIER BP2502-006 BURNPERMIT 608 NORTH OLIVE LAKE BOULEVA 5.61 ACRES 2/5/2025 833210011 PERMIT. 2025-035 JOHN BRADLEY BP2502-007 BURNPERMIT 1295 EAST RICE STREET 7.67 acres 2/5/2025 854040031. PERMIT: 2025-030 SEANEA EDDY BP2502-008 BURNPERMIT 12841 EAST HOBSONWAY .99 acre 2/5/2025 854040033 PERMIT: 2025-031 SEANEA EDDY BP2502-009 BURNPERMIT ALLE FIELDS INSIDE CITYI LIMITS 70ACRES 2/5/2025 836153010 PERMIT: 2025-032 DIEGOI LOUREIRO BP2502-010 BURNPERMIT 2215MCKINLEYI DRIVE .91 acres 2/6/2025 824193014 PERMIT: 2025-036 OWNER BP2502-011 BURNPERMIT 1050 EAST TENIH AVENUE 1.46ACRES 2/10/2025 857020001 PERMIT: 2025-038 OWNER BP2502-013 BURNPERMIT 2488 EASTI DONLON STREET 56.78ACRES 2/12/2025 869210006 PERMIT2025-040 ROLANDO CAVAZOS BP2502-012 BURNPERMIT 21593 SPARKLINGI LOGOON 17a acre 2/18/2025 824211003 PERMIT 2025-039 OWNER BP2502-015 BURNPERMIT 3220 WESTI HOBSONWAY 8.71ACRES 2/18/2025 824170039 PERMIT 2025-041 JERE B. ALLAN BP2502-016 BURNPERMIT 1491 HEFLINDRIVE 4.41ACRES 2/20/2025 824170034 PERMIT: 2025-043 OWNER BP2502-014 BURNPERMIT 3180 WESTI RIVERSIDE, AVENUE 3.54 acres 2/21/2025 824160014 PERMIT 2025-042 DANNYLE BROWN 16 Permits Finaled from 2/1/2025 Thru 2/28/2025 3/3/2025 City of Blythe Page 1 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 PLANNER NAME: MALLORY CRECELIUS Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved Site Address Date Expired Date Closed PRC2502-002 PRC IRON FIT GYM RECIEVED DEAN LESTER 2/21/2025 508 EAST HOBSONWAY Comments: Total Projects for MALLORY CRECELIUS For the Period 2/1/2025 thru 2/28/2025: 1 3/3/2025 City of Blythe Page 2 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 PLANNER NAME: MICHELLE VAN DYKE Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved Site Address Date Expired Date Closed CUP2502-001 CUP River Posse Storage AWAITING MATERIALS JAND. J TIRE COMPANY, LLC 2/14/2025 1800 BLOCK EAST HOBSONWAY Comments: PRC2502-001 PRC PRC NOT NEEDED JAND J' TIRE COMPANY, LLC 2/13/2025 1800 BLOCK EAST HOBSONWAY Comments: VP2502-001 VACANT PROPERTY RECIEVED ARTHUR L HART III FAMILY TRUST 2/13/2025 770 CYPRESS LANE Comments: Total Projects for MICHELLE VAN DYKE For the Period 2/1/2025 thru 2/28/2025:3 3/3/2025 City of Blythe Page 3 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 PLANNER NAME: RICKY AGUILAR Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved Site Address Date Expired Date Closed G2502-001 GRAFFITI covered graffiti COMPLETED LA CASITA CAFE INC 2/4/2025 830 WEST RICE STREET Comments: G2502-002 GRAFFITI covered graffiti COMPLETED MY THREE SONS INVESTMENTS 2/4/2025 412 WEST HOBSONWAY Comments: G2502-003 GRAFFITI baracade blocks COMPLETED 2/4/2025 400 block of W DONLON ST Comments: G2502-004 GRAFFITI stop sign COMPLETED 2/4/2025 300 block of N LOVEKIN BLVD Comments: G2502-005 GRAFFITI fire hydren COMPLETED 2/4/2025 300 block of E. DONLON ST Comments: G2502-006 GRAFFITI fire hydren COMPLETED 2/4/2025 300 block of S 3RD ST Comments: G2502-007 GRAFFITI speed limit sign COMPLETED 2/4/2025 400 block of E CHANSLORWAY Comments: G2502-008 GRAFFITI PEDASTRIAN CROSSING SIGN COMPLETED 2/4/2025 500 block ofl N BROADWAY Comments: G2502-009 GRAFFITI speed limit sign COMPLETED 2/4/2025 800 block of N BROADWAY Comments: PROJ15 CRW/SYSTEMS 3/3/2025 City of Blythe Page 4 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 G2502-010 GRAFFITI stop sign COMPLETED 2/6/2025 200 block of BIRCH ST Comments: G2502-011 GRAFFITI stop sign COMPLETED 2/6/2025 500 block of MURPHY ST Comments: G2502-012 GRAFFITI fire hydren COMPLETED 2/6/2025 1300 block of W SAN GARGONIO ST Comments: G2502-013 GRAFFITI fire hydren COMPLETED 2/6/2025 300 block ofN SOLANO AVE Comments: G2502-014 GRAFFITI stop sign COMPLETED 2/6/2025 100 block ofl E DEKEMA ST Comments: G2502-015 GRAFFITI stop sign COMPLETED 2/6/2025 500 alley way of W NEVADA ST Comments: G2502-016 GRAFFITI stop sign COMPLETED 2/6/2025 300 alley way of] E DEKEMA ST Comments: G2502-017 GRAFFITI stop sign COMPLETED 2/6/2025 100 alley way of] E RICE ST Comments: G2502-018 GRAFFITI stop sign COMPLETED 2/6/2025 300 alley way ofl E MURPHY ST Comments: G2502-019 GRAFFITI stop sign COMPLETED 2/6/2025 1000 block ofN EUCALYPTUS ST Comments: PROT15 CRWSYSTEMS 3/3/2025 City of Blythe Page 5 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 G2502-020 GRAFFITI stop sign COMPLETED 2/6/2025 1100 block ofl N EUCALYPTUS ST Comments: G2502-021 GRAFFITI sewer lift COMPLETED 2/11/2025 300 block of S INTAKE BLVD Comments: G2502-022 GRAFFITI COVERED GRAFFITI COMPLETED JUAN F GARCIA 2/11/2025 540 EAST HOBSONWAY Comments: G2502-023 GRAFFITI fire hydren COMPLETED 2/11/2025 6001 block of W WELLS ST Comments: G2502-024 GRAFFITI bus stop COMPLETED 2/11/2025 600 block of W WELLS ST Comments: G2502-025 GRAFFITI stop sign COMPLETED 2/11/2025 600 block OfLINDA LN Comments: G2502-026 GRAFFITI stop sign COMPLETED 2/11/2025 600 alley way OfLINDA LN Comments: G2502-027 GRAFFITI cat walk COMPLETED 2/13/2025 400 block ofl E. DEKEMA ST Comments: G2502-028 GRAFFITI PVI.D COMPLETED 2/13/2025 1100 block of E CHANSLORWAY Comments: G2502-029 GRAFFITI stop sign COMPLETED 2/13/2025 900 block of] E CHANSLORWAY Comments: PROI15 CRW/SYSTEMS 3/3/2025 City of Blythe Page 6 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 G2502-030 GRAFFITI neiborhood watch sign COMPLETED 2/13/2025 300 block of E. BARNARD ST Comments: G2502-031 GRAFFITI trash can COMPLETED 2/13/2025 200 block of N MAIN ST Comments: G2502-032 GRAFFITI STOP SIGN COMPLETED 2/11/2025 500 block of] N 6TH ST Comments: G2502-033 GRAFFITI stop sign COMPLETED 2/11/2025 500 block ofN 5TH ST Comments: G2502-034 GRAFFITI stop sign COMPLETED 2/11/2025 500 alley way ofl N 4TH ST Comments: G2502-035 GRAFFITI stop sign COMPLETED 2/11/2025 500 block ofN 4TH ST Comments: G2502-036 GRAFFITI stop sign COMPLETED 2/11/2025 400 block of W RICE ST Comments: G2502-037 GRAFFITI stop sign COMPLETED 2/11/2025 400 alley way of W RICE ST Comments: G2502-038 GRAFFITI covered graffiti COMPLETED VALLADOLID ET AL 2/18/2025 1573 EAST HOBSONWAY Comments: G2502-039 GRAFFITI covered graffiti COMPLETED JOSE RASCON 2/18/2025 408 WEST HOBSONWAY Comments: PROI15 CRW/SYSTEMS 3/3/2025 City of Blythe Page 7 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 G2502-040 GRAFFITI traffic light control box COMPLETED 2/18/2025 100 block ofN MAIN ST Comments: G2502-041 GRAFFITI speed limit sign COMPLETED 2/20/2025 300 block of S 3RD ST Comments: G2502-042 GRAFFITI stop sign COMPLETED 2/20/2025 300 block ofs S 3RD ST Comments: G2502-043 GRAFFITI stop sign COMPLETED 2/20/2025 3001 block ofs S 4TH ST Comments: G2502-044 GRAFFITI stop sign COMPLETED 2/20/2025 300 block of S 4TH ST Comments: G2502-045 GRAFFITI stop sign COMPLETED 2/20/2025 300 block ofs N 6TH ST Comments: G2502-046 GRAFFITI stop sign COMPLETED 2/20/2025 300 block of ALICE LANE Comments: G2502-047 GRAFFITI stop sign COMPLETED 2/20/2025 700 block ofE 14TH AVE Comments: G2502-048 GRAFFITI covered graffiti COMPLETED RENOVA PROPERTIES 2/20/2025 1020 EAST BARNARD STREET Comments: G2502-049 GRAFFITI stop sign COMPLETED 2/20/2025 200 block ofN 9TH ST Comments: PROI15 CRW/SYSTEMS 3/3/2025 City of Blythe Page 8 7:59:15AM Projects by Type, Status and Date For the Period 2/1/2025 thru 2/28/2025 G2502-050 GRAFFITI covered graffiti COMPLETED MICHAEL C GIESLER 2/20/2025 162 SOUTH SECOND STREET Comments: G2502-051 GRAFFITI covered graffiti COMPLETED JOSEPH MICHAEL HALBY 2/25/2025 202 EAST HOBSONWAY Comments: G2502-052 GRAFFITI traffic control box COMPLETED 2/25/2025 500 block ofN BROADWAY Comments: G2502-053 GRAFFITI traffic light pole COMPLETED 2/25/2025 100 block of E CHANSLORWAY Comments: G2502-054 GRAFFITI covered graffiti COMPLETED NEW COMMUNICATIONS OF THE SOUT 2/25/2025 400 EAST RICE STREET Comments: G2502-055 GRAFFITI PVI.D canal blocker COMPLETED 2/25/2025 1900 block of W HOBSONWAY Comments: G2502-056 GRAFFITI P.VI.D CANAL COMPLETED 2/27/2025 10050 block of 6TH AVE Comments: G2502-057 GRAFFITI P.V.I.D COMPLETED 2/27/2025 10050 block of 6TH AVE Comments: G2502-058 GRAFFITI bus stop COMPLETED 2/27/2025 1300 block of W: HOBSONWAY Comments: G2502-059 GRAFFITI covered graffiti COMPLETED COACHELLA VALLEY HOUSING COALI 2/27/2025 170 S SPRING ST Comments: Total Projects for RICKY AGUILAR For the Period 2/1/2025 thru 2/28/2025: 59 PROI1S CRW/SYSTEMS CITY OF BLYTHE FIRE DEPARTMENT MONTHLY INCIDENT AND ACTIVITY REPORT February 2025 Incident Total Public Assist / Rescue / Medical Aid 44 Structure 3 Vehicle Fire 1 Brush, Grass, Leaves 9 Trash, Rubbish, Dumpster 2 Other 7 Total # of Incidents 66 Activity Drills 4 Staff Meeting 1 Races 4 Total Activities . Respectfully Submitted Ronald Hasler, Fire Chief CHIEF - BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief of Police o S OCS Monthly Incident and Activity Report February 2025 Incident Total Resident Burglaries 3 Commercial Burglaries 3 Vehicle Burglaries 1 I Domestic Violence 4 Battery 4 Grand Theft Petty Theft 3 Shoplifting 4 Traffic Collision-Injury 1 Traffic Collision-Non injury 7 Traffic Collision-Hit and Run Driving Under the Influence 2 Vandalisms 5 Trespassing Prowlers Public Intoxication 5 Alarm 20 Abandoned Vehicle Abatement 7 AVA Vehicles Tows Vehicle Red Tags 1 Hospital Helicopter Landings 7 Documented Police Reports 167 Total Incidents 1326 CHIEF Y BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief of Police POLICE OACS Quality of Life Program The statistics listed below reflect total numbers of the Quality-of-Life Program for February 2025. Homeless Detail: February Year to Date People contacted. 66 168 People given bus tickets and left town to seek resources 6 12 elsewhere. People assisted with obtaining their ID or Social Security. 2 6 Cards to register for housing and assistance. People transported to or referred to DPSS/Mental Health. 28 89 People detained under 5150 Welfare and institutions 6 11 Code and transported for treatment. People sent to rehab. 0 2 People sent for substance abuse., 3 3 People picked up by a family member and taken home out of town. People assisted with tires and/or gas and relocated to a 0 location for resources out of Blythe. Enforcement action taken(Arrests and Warrants) 2 2 Traffic Detail: Citations issued for various traffic related violations. 1 1 Traffic enforcement vehicle stops resulting in warnings for 5 6 minor violations. Vehicles stored 4 4 - IAS CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT 7S ED MEETING DATE: March 11, 2025 SUBJECT: Ordinance Establishing a Prohibition Against Camping and Storage of Personal Property upon Streets, Sidewalks and Public Places PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager Brittany Roberto, City Attorney RECOMMENDATION: It is recommended that the City Council adopt Ordinance No. 936-25: ORDINANCE NO. 936-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF BLYTHE MUNICIPAL CODE The Ordinance is 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. In addition, the adoption and implementation of the Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for the Protection ofthe Natural Resources) and Section 15321 (Enforcement Actions by Regulatory Agencies). FISCAL MIPACT: None. BACKGROUND: In June 2024, the United States Supreme Court issued its decision in City of Grants Pass V. Johnson (603 U.S. 520). Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property. The Supreme Court's decision also overturned Martin V. Boise, a 2018 decision by the Ninth Circuit Court of Appeals that held that the Eight Amendment's Cruel and Unusual Punishments Clause bars cities from enforcing public camping ordinances whenever the number ofhomeless people in ajurisdiction exceeds the number of"practically available" shelter beds. In July 2024, Governor Newsom issued Executive Order N-1-24. The Executive Order directs that agencies and departments subject to the Governor's authority shall adopt policies generally consistent with the California Department ofTransportation's Maintenance Policy Directive 1001- R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Specific to local governments, the Executive Order encourages, but does not require, local governments to adopt policies consistent with the Executive Order and to use available resources and infrastructure to take action to humanely remove encampments from public spaces. Following the Supreme Court's decision in Grants Pass, staff began researching and working on an ordinance to prohibit camping and the storage of property in public places. In November 2024, Councilman Halby asked staff how the City planned to address camping in public plaçes and on public property after the Supreme Court's decision. Staff continued working on an ordinance to present to the Council for its consideration. STAFF REPORT: The City has implemented several actions to address Quality ofl Life issues in the City, which include homelessness. For several years, funding has been allocated for a Sergeant assigned to work with the County ofRiverside to provide homeless outreach. This team assists the homeless population by providing a connection to services and/or treatment necessary to get them off the streets and into housing. This can include assisting with obtaining ID or Social Security cards, transportation and referrals to mental health, and assistance with substance abuse treatment. Through grants and donations, the City has funding to assist travelers who have become stranded in Blythe from becoming homeless. This includes bus tickets home or to connect with a family member. Funds can also be used to purchase gas or tires to help stranded individuals reach their intended destination. Although this program has been very successful, the City needs many tools to address the ongoing homelessness crisis in the State ofCalifornia. This includes ensuring thel health, safety and welfare of all residents, businesses and visitors. The proposed Ordinance, as drafted: Prohibits camping and the storage of personal property on public property. This includes public parks, sidewalks, and other publicly owned or controlled property within the City. "Camp" or "camping"is defined as to pitch or erect or occupy facilities and/or to use camp paraphernalia for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, not associated with ordinary recreational use of public property. This includes sleeping, storing personal property, making a fire outside of a designated fire pit or cooking meals. Prohibits sleeping on any public sidewalk, street, alleyway, median, parkway, right-of- way, or in any pedestrian or vehicular entrance to public or private property abutting a sidewalk. Prohibits building or erecting structures along the banks of waterways and outlines other prohibitions aimed at protecting public waterways. Prohibits storing personal property on any public property, except as approved in writing by the City Manager or the Public Works Director. Provides for the notice, removal, storage and disposal ofp personal property left or stored in public places. The express purpose and intent of the proposed Ordinance is to maintain the City's public places and areas owned and maintained by the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. The use of these public areas for camping purposes and/or storage of private property interferes with the rights of others to use and enjoy these public spaces and can constitute a public health and safety hazard. The Ordinance will be another tool the City may use to address the health and safety issues impacting the quality of life of our residents and businesses. At the February 11, 2025 meeting, the City Council introduced Ordinance No. 936-25. To provide additional tools to address the ongoing homelessness issues in the City and to ensure the health, safety and welfare of all residents, businesses and visitors itis recommended that the Council adopt Ordinance No. 936-25. ATTACHMENTS: 1. Ordinance No. 936-25 ORDINANCE NO. 936-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE BLYTHE MUNICIPAL CODE The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, the City of Blythe ("City"), pursuant to its police power, may adopt regulations to protect the health, safety, and welfare of the public; and WHEREAS, the City is committed to ensuring the health, safety, and general welfare of all of its residents, businesses, and visitors; and WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep public areas clean and available for public use and to ensure access by the public to all property, both public and private, by people with disabilities, the elderly, families, children, and visitors to the City; and WHEREAS, in June 2024, the United States Supreme Court issued its decision in City of Grants Pass V. Johnson (603 U.S. 520). Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property; and WHEREAS, the City is concerned that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights-of-way to sit, sleep, and lie down; and WHEREAS, public spaces, including public rights-of-way, are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; and WHEREAS, the City Council oft the City of Blythe finds that there is a need to adopt a prohibition against camping and the storage of personal property on public property to protect the health, safety, and welfare of the public, provide constitutional safeguards, and enable effective and timely enforcement of the prohibition against camping and related activity on public property; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 936-25 Page 1 of 10 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS: 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 12. Title 12 (Streets, Sidewalks and Public Places) of the Blythe Municipal Code is hereby amended to add a new Chapter 12.32 to read as follows: Chapter 12.32 - CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED 12.32.010 - Purpose. The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, and other publicly owned or controlled property within the city should be readily accessible and available to residents, businesses, and the public at large for their intended purposes. The use of these public areas for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose ofthis chapter is to maintain these public areas within the city in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property. 12.32.020 - 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 different meaning: A. Abandoned personal property" means personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence or location causes any reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto. B. "Attended" means a person is present with the personal property and the person claims ownership over the personal property. C. "Camp" or"camping" means to pitch, erect or occupy camp facilities and/or to use camp paraphernalia for the purpose of, or in a way that facilitates outdoor sheltering for, living accommodation purposes, as evidenced by: (a) remaining for Ordinance No. 936-25 Page 2 of 10 prolonged or repetitious periods of time, not associated with ordinary recreational use of the public property, with one's personal property; and (b) engaging in one or more of the following activities: sleeping, storing personal property, making a fire outside of a designated fire pit, or cooking meals. The combined activities of (a) and (b) herein constitute camping when it reasonably appears in light of all of the circumstances that a person is using the public property as a living accommodation. D. "Camp facility" or "camp facilities" means any, or any combination of, the following: tent, hut, or other temporary structure or shelter, cot, bed, or hammock. E. "Camp paraphernalia" means items that facilitate living outside including items that are used for: sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as movable chairs; and lighting, such as headlamps, flashlights, or lanterns. F. "City" means the City of Blythe. G. "Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents. H. "Open space" means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources. I. "Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped. J. "Personal property" means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, and household items. K. "Public property" means and includes the public right-of-way, and any property that is owned, controlled, managed, or maintained by the city or by any other government agency or district or by a public or private utility. Public property includes, but is not limited to, any street, alley, sidewalk, right-of-way, parkway, park, building, grounds, lot, parcel, plaza, parking lot, open space, waterway, and bank of a waterway. Ordinance No. 936-25 Page 3 of 10 L. "Sidewalk" means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street. M. "Store or "storing" means to put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location; which does not include any personal property that clearly has been abandoned or discarded and which clearly has no value. N. "Tent" means any tarp, hut, cover, enclosure, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, hut, cover, enclosure, structure or shelter. O. Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. P. "Waterway" means any river, riverbed, arroyo, creek, canal, or channel in the city, including, but not limited to, the Colorado River. 12.32.030 - Camping on public property prohibited. A. Iti is unlawful for any person to camp, maintain and/or occupy camp facilities, and/or use camp paraphernalia in or upon any public property, except on any public property designated by the city for such purposes. The city council may, by resolution or ordinance, designate one or more specified areas of public property for such purposes. B. No person may sleep on any public sidewalk, street, alleyway, median, parkway or right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, at any time. 12.32.040 - Protection of waterways. A. It is unlawful for any person to do any of the following: 1. build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation; 2. move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway; 3. discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway. Ordinance No. 936-25 Page 4 of 10 B. Nothing in this section is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority. 12.32.050 - Storage of personal property on public property prohibited. A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property, except as approved in writing by the city manager or the public works director. Personal property stored on public property in violation of this section may be impounded pursuant to the provisions of this chapter. B. Any personal property left in any city park at the time the park is closed to the public, whether or not the personal property is unattended, shall be immediately impounded in accordance with the provisions of this chapter. 12.32.060 - Procedures for removal of personal property. The city manager, police chief, or their designees may remove personal property, camping paraphernalia, camping facilities, and all other property, contraband, litter, and waste found at an encampment, at a location where a person is engaged in unlawful camping, or at a location where personal property is stored on public property in violation of this chapter in accordance with the procedures set forth below. A. Pre-removal notice. Prior to removing the property, written notice that the property is subject to removal shall be provided to the person who is storing or claiming ownership of the personal property or shall be posted conspicuously on or near the personal property. The written notice shall be provided at least seventy-two hours prior to removal of the personal property. B. Post-removal notice. If the personal property is not removed within seventy-two hours following the written notice, the city manager, police chief, or their designees may remove the personal property on the date specified in the written notice or any date thereafter. Upon removal of stored personal property, written notice of the removal shall be posted in the area from which the personal property was removed. C. Exceptions. Notwithstanding the foregoing provisions, the city may remove and immediately impound personal property, attended or unattended, without pre- removal notice, in the following circumstances: Ordinance No. 936-25 Page 5 of 10 1. If personal property is stored on public property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act. 2. If personal property is stored on public property within ten feet of any operational and usable entrance, exit, driveway, or loading dock. 3. If personal property is stored on or within ten feet of public property that has a clearly posted closure time after the posted closure time. 4. If the personal property is obstructing city operations. 5. If the personal property poses an immediate threat to the health or safety of the public. If the city removes personal property pursuant to this subsection, the city shall provide post-removal notice in accordance with subsection B of this section. 12.32.070 - Storage and disposal of impounded personal property. A. Except as otherwise specified in this chapter, the city shall move impounded personal property to a safe place of storage. B. The city shall deposit found money with the finance director for a period of ninety days, unless sooner claimed by the true owner. C. Except as otherwise specified in this chapter, the city shall store impounded personal property for ninety days, after which time, if not claimed, it may be disposed ofi in accordance with this chapter. D. Notwithstanding any provisions of this chapter to the contrary, the city may immediately dispose of the following categories of personal property, without notice: 1. Hazardous items, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold. 2. Items likely to become nazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud. 3. Perishable items. 4. Contraband or stolen items. 5. Items that constitute an immediate threat to the public health or safety. Ordinance No. 936-25 Page 6 of 10 E. The city shall maintain a record of the date any impounded personal property was disposed of and the manner of disposal. 12.32.080 - Removal and disposal of abandoned personal property. Enforcement personnel may remove and immediately dispose of any abandoned personal property located on public property without complying with requirements of this chapter relating to pre-removal notice, post-removal notice, storage, and disposition of personal property. 12.32.090 - True owner may claim personal property. During the time that any impounded personal property is held by the city, it may be delivered or paid to the true owner as follows: A. The owner of impounded property may claim the personal property prior to its disposal upon submitting satisfactory proof of ownership to the chief of police. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from public property and providing a reasonably specific and detailed description of the personal property. B. Ift the personal property consists of money, the finance director shall pay the money to the true owner upon written notice from the chief of police. The chief of police shall provide such notice upon receipt of satisfactory proof of ownership as detailed in subsection A of this section. C. If ownership cannot be determined to the satisfaction of the chief of police, or if multiple individuals have asserted a claim of ownership to the personal property, the chief of police may refuse to deliver the personal property or provide written notice to the finance director regarding payment of money to anyone until ordered to do sO by a court of competent jurisdiction. D. The city may charge the true owner a fee as established by resolution of the city council to defray the costs of storage and care of the personal property prior to returning the personal property to the owner. 12.32.100 - Procedures for unclaimed personal property. A. In accordance with California Civil Code section 2080.3, if the reported value of the personal property is two hundred fifty dollars or more, and the owner does not appear and prove his or her ownership oft the personal property within ninety days, the chief of police shall cause notice of the personal property to be published once in a newspaper of general circulation. If, after seven days following the publication of the notice, no owner appears and proves his or her ownership of the personal property and the person who found or saved the personal property pays the cost Ordinance No. 936-25 Page 7 of 10 of publication, title to the personal property shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, in which case the personal property shall be sold at auction as provided in Section 12.32.120. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city. B. In accordance with California Civil Code section 2080.3, if the reported value of the personal property is less than two hundred fifty dollars and no owner appears to prove his or her ownership of the personal property within ninety days, the title of the personal property shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee oft the city, in which case the personal property shall be sold at auction as provided in Section 12.32.120. Notwithstanding the foregoing, if the city manager determines that the personal property has no commercial value, the city manager may authorize the disposal of such personal property in such a manner as the city manager deems appropriate. C. The finder of the personal property shall have seven days following notice from the city that title to the personal property has vested in him or her to claim the personal property, after which it may be appropriated to city use, sold at public auction, or deposited in the general fund as provided herein. D. This section is intended to comply with the requirements of California Civil Code section 2080.3. In the event of any inconsistency between the requirements of California Civil Code section 2080.3 and this section, the requirements of California Civil Code section 2080.3 shall control. 12.32.110 - Disposition of unclaimed personal property. A. If personal property is not claimed by the true owner within ninety days, and not claimed by the finder within seven days following notice from the city regarding title vesting in the finder, the city may appropriate the personal property to the use of the city upon a written finding from the city manager that the personal property is needed for a public use, or the city may sell the personal property at a public auction to the highest bidder. B. All money not delivered to the true owner or finder during the time periods set forth in this chapter shall be deposited into the general fund. 12.32.120 - Auction for sale of unclaimed personal property. A. Notice of sale at auction of unclaimed personal property shall be given by the city clerk at the request of the chief of police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation. Ordinance No. 936-25 Page 8 of 10 B. An auction for the sale of unclaimed personal property shall be conducted in accordance with California Civil Code sections 2080.3 and 2080.4 and city policy. C. The proceeds from any auction for unclaimed personal property shall be delivered to the finance director for deposit in the general fund. 12.32.130 - Disposal of unsalable and unusable personal property. Any unclaimed personal property advertised and offered for sale at auction but not sold and not suitable for appropriation to the use of the city shall be deemed of no value and may be disposed of in such a manner as the city manager deems appropriate. 12.32.140 - Violations and enforcement. A. Sections 12.32.030, 12.32.040 and 12.32.050 are the mandatory requirements of this chapter and a violation thereof is a misdemeanor which is enforceable pursuant to chapter 1-24 of this code. B. The remedies provided for the enforcement of this chapter are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive. SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. In addition, the adoption and implementation of the Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for the Protection of the Natural Resources) and Section 15321 (Enforcement Actions by Regulatory Agencies). 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. If 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. Ordinance No. 936-25 Page 9 of 10 SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 7. 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. PASSED, APPROVED AND ADOPTED this 11th day of March, 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 936-25 Page 10 of 10 PUBLIC HEARING CITY OF BLYTHE * Blythe CITY COUNCIL MEETING STAFF REPORT CEEE MEETING DATE: March 11, 2025 SUBJECT: Ordinance No. 935-25 - Amending Title 17 ofthe Blythe Municipal Code (Zoning Code) Relating to Changes to Implement Various Programs Set Forth in the City's 6th Cycle Housing Element PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Brittany Roberto, City Attorney RECOMMENDATION: Itis recommended the City Council, subsequent to the public hearing, introduce Ordinance No. 935-25: ORDINANCE NO. 935-25 - AN. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE. MUNICIPAL CODE. RELATING TO CHANGES TO IMPLEMENT PROGRAMS, SET FORTH, INTHE CITY'S 6TH CYCLE. HOUSING ELEMENT, INCLUDING ADDING, A NEW. HOUSING ELEMENT OVERLAY, ADDING, REVISING, AND DELETING DEFINITIONS, ADDING AND AMENDING REGULATIONS RELATING TO LOW BARRIER NAVIGATION CENTERS AND VARIOUS TYPES OF GROUP HOUSING, AMENDING RESIDENTIAL LOT COVERAGE REQUIREMENTS. IN THE R-M. AND R-H ZONES, ADDING AND REVISING STANDARDS REGARDING DENSITY IN RESIDENTIAL ZONES, AMENDING PARKING REQUIREMENTS FOR SPECIFIED RESIDENTIAL USES, AND ADDING REGULATIONS TO IMPLEMENT THE STATE DENSITY BONUS LAW, AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIROMMENTAL QUALITY ACT (CEOA) PURSUANT TO CEQA GUIDELINES SECTION. 15061(B)(3) (COMMON SENSE EXEMPTION) FISCAL IMPACT: None. BACKGROUND: On August 13, 2024, the City Council adopted the City's 6th Cycle Housing Element for the 2021-2029 period, which was officially approved by the California Department of Housing and Community Development (HCD) on August 29, 2024. As part of the Housing Element, the City committed to programs which require that changes be made to the Zoning Code, which is set forth in Title 17 ofthe Blythe Municipal Code. STAFF REPORT: This is the second in a series of ordinances addressing changes required by the Housing Element. The proposed ordinance implements changes outlined in five programs of the Housing Element: Program 1.A.3, Program 1.A.4, Program 2.A.6, Program 2.D.1, and Program 2.D.3. In Program 1.A.3, the City committed to creating a density development bonus to incentivize development by increasing economies of scale. The proposed ordinance implements this program by adding a new Chapter 17.30A Density Bonus and Incentives -to the Zoning Code. The new Chapter 17.30A establishes how the State Density Bonus Law (California Government Code section 65915 et seq.) will be implemented to promote the construction of affordable housing within the City. In Program 1.A.4, the City committed to amending the Zoning Code to require by-right approval ofhousing development that includes 20 percent ofthe units as housing affordableto lower income households, applicable to sites being used to meet the 6th Cycle Regional Housing Needs Assessment (RHNA) that represent a "reuse" of sites previously identified in the 4th and 5th Cycles Housing Element. To implement this program, the proposed ordinance (1) adds a Housing Element Overlay (HEO) zone which allows affordable developments by right, and (2) adds regulations in Section 17.08.020 that apply to sites designated as HEO. This ordinance only creates the zone and the regulations. At the March 11, 2025 Council meeting, staff is presenting to the City Council, acting as the Planning Agency, proposed Ordinance No. 937-25, which will rezone two parcels, APNs 845030002 and 845030003, by adding the HEO to each parcel. In Program 2.A.6, the City committed to amending the Zoning Ordinance to: Permit manufactured housing in the same: manner and in the same zone as conventional or stick-built structures are permitted pursuant to California Government Code section 65852.3 and consolidate R/MH and Mobile Home zones. The City already allows mobile homes on residential lots under Section 17.38.040 and there is no separate R/MH and Mobile Home Zone. Modify the City's parking requirements to create separate requirements for detached single-family homes and multi-family developments and create multi-family parking standards based on the number of bedrooms. Modify the lot coverage requirements for the R-M and R-H zones. To implement this program, the proposed ordinance: (1) amends the definitions of manufactured housing and mobilehomes, (2) amends Section 17.16.060 to create new parking requirements for detached single-family homes and multi-family developments, including creating multi-family parking standards based on the number ofbedrooms, and (3) amends Section 17.10.015 to increase the lot coverage requirements for the R-M and R-H zones to fifty percent (50%) oft the total area. In Program 2.D.1, the City committed to amending the Zoning Code to (1) designate residential care facilities as uses permitted by-right in residential zones, regardless of facility size, (2) add a definition for group homes and allow group homes with six or fewer persons by right in all residential zones subject only to the same restrictions in that zone, and (3) update its definition of family to be consistent with current housing law. To implement this program, the proposed ordinance: (1) amends the permitted uses table set forth in Section 17.08.010 to allow residential care facilities in all residential zones, regardless of size, (2) adds a definition for group home in Section 17.04.070, (3) amends the permitted uses table set forth in Section 17.08.010 to reflect that group homes are permitted in all residential zones subject only to the restrictions that apply to the residential uses of the same type in the same zone, and (4) amends the definition of family. In Program 2.D.3, the City committed to amending the Zoning Code to ensure that supportive and transitional housing are treated as residential uses subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone and to comply with State law requirements regarding low-barrier navigation centers. To implement this program, the proposed ordinance (1) adds a new Chapter 17.63F - Low Barrier Navigation Centers - to implement the provisions of California Government Code section 65660 et seq. relating to low barrier navigation centers, (2) adds a new Chapter 17.63G = Supportive Housing for Homeless to implement the provisions California Government Code section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code Section 5067.14, and (3) amends the permitted uses table set forth in Section 17.08.010 to outline where supportive housing for the homeless and low barrier navigation centers are permitted by right. In addition to implementing the various programs outlined above, the proposed ordinance also adds, revises and deletes definitions set forth in Chapters 17.04 and 17.08, relocating definitions to Chapter 17.04 and removing them from Chapter 17.08. The ordinance also includes a change to Section 17.10.050 to incorporate the allowed density per acre for each of the zones; the density correlates to that in the General Plan. The changes to the Zoning Code are shown in underline and strikethrough format in Attachment 2. The City committed to additional amendments to the Zoning Code. Staff will present those proposed amendments to the Council at future meetings. The Blythe Municipal Code and State law require two public hearings regarding the proposed ordinance. On February 11, 2025, the City Council, acting as the City's Planning Agency, conducted a public hearing regarding proposed Ordinance No. 935-25. Therefore, it is recommended that the City Council, subsequent to the public hearing, introduce Ordinance No. 935-25. ATTACHMENTS: 1. Ordinance No. 935-25 2. Changes to Title 17 (Shown in Onderline and Strikethrough Format) ORDINANCE NO. 935-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO CHANGES TO IMPLEMENT PROGRAMS SET FORTH IN THE CITY'S 6TH CYCLE HOUSING ELEMENT, INCLUDING ADDING A NEW HOUSING ELEMENT OVERLAY, ADDING, REVISING, AND DELETING DEFINITIONS, ADDING AND AMENDING REGULATIONS RELATING TO LOW BARRIER NAVIGATION CENTERS AND VARIOUS TYPES OF GROUP HOUSING, AMENDING RESIDENTIAL LOT COVERAGE REQUIREMENTS IN THE R-M AND R-H ZONES, ADDING AND REVISING STANDARDS REGARDING DENSITY IN RESIDENTIAL ZONES, AMENDING PARKING REQUIREMENTS FOR SPECIFIED RESIDENTIAL USES, AND ADDING REGULATIONS TO IMPLEMENT THE STATE DENSITY BONUS LAW, 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) WHEREAS, on August 13, 2024, the City Council adopted the City's 6th Cycle 2021-2029 Housing Element ("Housing Element"); and WHEREAS, the Housing Element includes a number of programs which require the City to make changes to its Zoning Code; and WHEREAS, on February 11, 2025, 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 March 11, 2025, 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 WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The foregoing recitals are true and correct. Ordinance No. 935-25 Page 1 of 42 B. The changes to Title 17 of the Blythe Municipal Code are consistent with the City's General Plan. More specifically, these changes implement changes required by the Housing Element and are compliant with State law. SECTION 2. Amendment to Chapter 17.04. Chapter 17.04 is hereby amended to read as follows: Chapter 17.04 - DEFINITIONS 17.04.010 - "A" Definitions. Access. "Access" means a place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title. Accessory building. Accessory building" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot. Accessory dwelling unit. Accessory dwelling unit" or "ADU" means the same as stated in California Government Code section 65852.2 as that section may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term "accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit and a manufactured home, as defined in Section 18007 of the California Health and Safety Code. Accessory use. Accessory use" means a use customarily incidental to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located. Administrativelprofessional services. Admnstraivepolessona services" means offices of private firms or organizations primarily used for the provision of professional, executive, management or administrative offices, legal offices, architectural firms, physician's offices, insurance agencies, real Ordinance No. 935-25 Page 2 of 42 estate firms and other similar activities where a service is rendered, as distinguished from the handling of commodities. Adult businesses. "Adult businesses" means any massage parlor, model studio or arcade, bookstore or theater which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice. Airport. "Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas. Alley. "Alley" means a public or private way, at the rear or side of property, permanently reserved as a means of vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street. Animal boarding. "Animal boarding" means boarding services for dogs, cats and similar small animals, as well as horses. Typical uses include kennels, pet motels, dog training centers and stables. Animal grooming. "Animal grooming" means grooming of dogs, cats and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops, but excludes animal boarding. Animal health care. "Animal health care" means veterinary services for animals. Typical uses include pet clinics, dog and cat hospitals or animal hospitals. Animal keeping (light). "Animal keeping (light)" means premises where animals are fed or kept for personal use, for 4-H or other agricultural organization projects by the owner or occupant of the premises, as limited by Chapter 17.54. Ordinance No. 935-25 Page 3 of 42 Apartment. Apartment" means a room or suite of two or more rooms in a multiple-dwelling structure, occupied or suitable for occupancy as a residence for one family. Apartment, bachelor. "Bachelor apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into one habitable room. Light housekeeping room" means the same as "bachelor apartment. Apartment, efficiency. "Efficiency apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into two habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as "efficiency apartment." Apartment house. "Apartment house" means a building designed and used for occupancy by three or more families, all living independently of each other. Apartment house" means the same as multiple-family dwelling." Apartment, one-bedroom. "One-bedroom apartment" means a dwelling unit in an apartment house that contains more than three habitable rooms. Apartment, two-or-more-bedroom. Two-or-more-beadrom apartment" means a dwelling unit, in an apartment house, that contains more than three habitable rooms. Architectural feature. Architectural feature" means a part, portion or projection that contributes to the beauty or elegance ofa building or structure and is not intended for occupancy, which may extend beyond the face of the exterior wall, but shall not include signs. Area, net. "Net area" means that area of a lot or parcel of land exclusive of: A. Public alleys, highways streets or rights-of-way; or Ordinance No. 935-25 Page 4 of 42 B. Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or C. Other public or private easements where the owner of the servient tenement does not have the right to use for permanent structures the entire surface of the land. Assessor. Assessor" means the county assessor. Attach. "Attach" means to connect, fasten or structurally affix permanently to a building or structure. Automobile dismantling yard. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles required to be registered under the California Vehicle Code, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof and the storage, sale or salvage of dismantled, partially dismantled, or wrecked, inoperative or disabled vehicles generated incidentally with the legal operation of an automobile repair garage or body and fender shop. "Automobile dismantling yard" means the same as "salvage operations." Automobile impound yard. Automobile impound yard" means an area designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property as prescribed by law. Automobile painting. Automobile painting" means the painting of autos, trucks, motorcycles, motor homes and other motor vehicles. Automobile parking. Automobile parking" means the parking of motor vehicles on a temporary basis within an off-street parking area with or without a fee. Ordinance No. 935-25 Page 5 of 42 Automobile repair. "Automobile repair" means the repair of motor vehicles, as well as the sale, installation and servicing of automotive equipment and parts, together with body repairs, steam cleaning, welding and automated car washes. Automobile sales/rentals. "Automobile sales/rentals" means the sale, retail or wholesale, and/or rental of autos, trucks, motorcycles, motor homes, mobile homes, travel trailers, aircraft, construction equipment, farm equipment, and boats. Automotive servicing. "Automotive servicing" means fueling, washing and polishing, installation and servicing of automotive equipment and parts, including motor-cycle service and repair, but excluding automated car washes using blowers, dryers and other automatic equipment, and auto glass shops. A typical use is automobile service station. Automobile service station. "Automobile service station" means an area which provides for the servicing of motor vehicles, including tube and tire repairs, minor tune-ups, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing and grease racks, but excluding automobile repairs such as body and fender work, engine overhauling or other similar activities. Automotive storage. "Automotive storage" means the storage of operating motor vehicles for extended periods of time. Typical uses include recreational vehicle storage, fleet storage and automobile, van and pickup truck impound yards. 17.040.020 - "B" Definitions. Basement. Basement" means a space wholly or partly underground, and having more than one-half of its height, measured from floor to ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. Breezeway. "Breezeway" means a roofed passageway, open on two sides, where the roof is in keeping with the design and construction of the main building. Ordinance No. 935-25 Page 6 of 42 Buildable area. Buildable area" means any portion of a lot or building site not contained within required setbacks. Building. "Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Building area. "Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot. Building height. "Building height" means the vertical distance from the finished grade at the exterior wall to the highest point of the roof structure. In case of sloping lots the vertical distance from the finished grade on the exterior wall at a point located midway between the front and rear ofthe building, or side and side property lines to the highest point of the roof structure. Building, main. "Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title. Building material yards. "Building material yards" means places of business engaged in the sales and storage of lumber, masonry and metal products, including plumbing, electrical and air-conditioning equipment and supplies used in the construction of buildings. Typical uses include lumberyards and brickyards. Building setback line. "Building setback line" means the minimum distance as prescribed by this title or a city ordinance, between the property line of a lot or parcel of land, or rights-of-way of alleys, streets or highways, and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend beyond the setback line. Building site. "Building site" means the ground area of a building together with all the open space required by this title. Ordinance No. 935-25 Page 7 of 42 Business support services. "Business support services" means establishments primarily engaged in the provision of services of a clerical, employment, protective, maintenance, janitorial or minor processing nature to firms rather than individuals. 17.04.030 - "C" Definitions. Camper. "Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation for camping purposes. Carport. "Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter. Cemeteries. "Cemeteries" means areas reserved for interment of human dead. Centerline. "Centerline" means the same as "street centerline. Communication services. Communication services" means establishments primarily engaged in the provision of broadcasting and other information-relay services accomplished through the use of electronic and telephonic mechanisms, but excluding television studios, telecommunication service centers or telegraph service offices. Compact car. "Compact car" means a vehicle capable of movement under its own power having a wheelbase of one hundred inches or less. Compatible use. "Compatible use" means a use that, by its manner of operation, is suitable in the zone in which it may be nonconforming. Said use of land and/or buildings shall be in harmony with the type of use and manner of operation on abutting properties in the same zone. Ordinance No. 935-25 Page 8 of 42 Condominium. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A "condominium" may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either: A. An estate of inheritance of perpetual estate; B. An estate for life; C. An estate for years; or D. With a separate interest in a legal lot or air space. Construction sales and services. "Construction sales and services" means places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or structures other than retail sale of paint, fixtures and hardware. Typical uses include building materials stores, tool and equipment rentals or sales, or building contractors. Convenience sales and services. "Convenience sales and services" means places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the criteria of this section. Typical uses include neighborhood grocery and convenience stores and laundromats. County. "County" means the county of Riverside. County recorder. "County recorder means the county recorder of the county. Court. "Court" means an open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building. Ordinance No. 935-25 Page 9 of 42 Coverage. "Coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy. Crematory. "Crematory" means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains. Cultural exhibits-museums, nonprofit. "Nonprofit cultural exhibits-museums means nonprofit, museum-like preservation and exhibition of objects of permanent interest in one or more of the arts and sciences. Curbline. "Curbline" means a straight line along the top outer edge of a curb. The curbline for streets without curbs shall be considered to be located ten feet, measured at right angles, from the property line. Exception: In the case of streets with established highway setback lines, the future curbline shall be determined by the director of public works. Custom manufacturing. "Custom manufacturing" means establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment, and the direct sale to consumers of only those goods produced on the site. Typical uses include ceramic studios, candlemaking shops and custom jewelry manufacturers 17.04.040 - "D" Definitions. Design review committee. "Design review committee" means that committee appointed under this title for the purpose of reviewing plans for the downtown redevelopment area. Director "Director" means the director of the development services department or the director's designee. Ordinance No. 935-25 Page 10 of 42 Double frontage lot. "Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets, and having the right of access to both streets. Drive-in business. "Drive-in business" means any establishment or business which, whether by design or operation, provides services or products directly to occupants of motor vehicles, or directly to pedestrian traffic from exterior openings or counters or any combination thereof. Driveway. "Driveway" means a paved access to a required off-street parking facility. Dwelling. "Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, with the exception of permitted home occupations, but not including hotels, motels, motor hotels, boarding homes or lodginghouses. Dwelling unit. "Dwelling unit" means one or more rooms in a dwelling designed for, or occupied by, one family for living or sleeping purposes and having only one kitchen. 17.04.050 - "E" Definitions. Easement. "Easement" means an area on a lot or parcel of land, and SO indicated on a subdivision map or in a deed, reserved for and/or used for public utilities, public uses and/or private uses. Eating/drinking establishments. Eating/drinking establishments" means places of business primarily engaged in the sale of prepared food and beverages for on-premises consumption. Typical uses include restaurants, short-order eating places or bars. Educational institutions/schools. Educational institutions/schools means public or private institutions offering instruction at the primary, intermediate, high school, college or university level with incidental administration, recreational and storage facilities. Ordinance No. 935-25 Page 11 of 42 Emergency shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. "Emergency shelter" includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. Employee housing. "Employee housing" means privately-owned housing that provides accommodations six or fewer employees, pursuant to California Health and Safety Code section 17021.5. "Employee housing" shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any way from a family dwelling. Enclosed building. Enclosed building" means a building enclosed by a permanent roof and on all sides by solid exterior walls, except for window and door openings. Enclosed space. "Enclosed space" means an area enclosed on all sides by a solid physical barrier, such as a solid wood fence or masonry wall. Entertainment facilities. Entertainment facilities" means establishments primarily engaged in the provision of cultural, entertainment, athletic and other events to spectators. Typical uses include small theaters and meeting halls. 17.04.060 - "F" Definitions. Family. "Family" means a person or a group of persons living together and maintaining a common household. Family daycare home. "Family daycare home" means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home that is licensed in accordance with the requirements of the California Health and Safety Code. A family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, Ordinance No. 935-25 Page 12 of 42 or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. As used herein, a "small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in regulations. As used herein, a large family daycare home" means a facility that provides care, protection, and supervision for seven to fourteen children, inclusive, including children under ten years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in regulations. Farm equipment repair. "Farm equipment repair" means the repair of farm tractors, implements, machinery and irrigation systems, as well as the sale, installation and servicing of farm equipment and parts. Farm/plant cultivation (heavy). "Farm/plant cultivation (heavy)" means premises primarily devoted to the growing of plants as a business. Farm products processing. "Farm products processing" means industrial plants engaged in processing, packing, storage and shipping of fruit, vegetables and cotton as a business. Farm supplies. "Farm supplies" means sale, retail or wholesale, of fertilizers, feed, seed, herbicides and insecticides, including open and bulk storage. Farmworker housing. Farmworker housing" means any housing for agricultural employees consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. Ordinance No. 935-25 Page 13 of 42 Federal. "Federal" means the Government of the United States of America. Fence. "Fence" means any structural device forming a physical barrier which is SO constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure. Financial institutions. "Financial institutions" means establishments primarily engaged in the provision of financial services, including banks and savings and loan institutions. Floor area. "Floor area" means the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courts and pasements (residential). Food and beverage sales. "Food and beverage sales" means places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include grocery stores, liquor stores and delicatessens. Fraternal organizationlodge hall/club. "Fraternal organization/lodge hall/club" means meeting hall and rooms used primarily for the activities of a fraternal organization, lodge or club. Front wall. "Front wall" means the wall of a building or structure nearest the street on which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments. Frontage. "Frontage" means all property fronting on one side of a street between a street and right- of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts. Ordinance No. 935-25 Page 14 of 42 Funeral services. "Funeral services" means establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead, other than cemeteries. Typical uses include funeral homes and mortuaries. 17.04.070 - "G" Definitions. Garage. "Garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling, used for the housing of vehicles of the occupants of the dwelling, including carports. General manufacturing. "General manufacturing" means industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products. Typical uses include fruit packing, woodworking, metal working and machine shops. Grade. "Grade" means the average of the finished ground level at the center of all the exterior walls of a building. In cases where the front wall is parallel to and within five feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot. Group dwelling. "Group dwelling" means a non-licensed residential facility which provides housing for groups with common kitchen and dining facilities, but without medical, psychiatric, or other care and who do not operate under the definition of "family". Group dwellings include, but are not limited to, dormitories, sorority or fraternity houses, retirement homes, boardinghouses and roominghouses. State licensed facilities are not group dwellings. Housing which falls under another definition of this code shall not be considered a group dwelling". Group home. "Group home" means a type of housing for a specific population of individuals where peer or other support services are provided to the residents. Group homes may be licensed or unlicensed, depending on the requirements of state law. Ordinance No. 935-25 Page 15 of 42 Guest. "Guest" means any transient person who occupies a room for sleeping purposes. Guest house. "Guest house" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. 17.04.080 "H" Definitions Heavy manufacturing. "Heavy manufacturing" means industrial operations involving the compounding of radioactive materials, petroleum refining, manufacturing of explosives, or any other operation of a dangerous nature or creating high levels of air, water or noise pollution. It includes the manufacture of any acid, chlorine or other noxious gases, fireworks, glue and potash. Hedge. "Hedge" means a plant or series of plants, shrubs or other landscape material sO arranged as to from a physical barrier or enclosure. Home occupation. "Home occupation" means any use customarily conducted entirely within only one room in a dwelling or accessory structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. Hospitals. "Hospitals" means establishments providing for on-site residence or confinement and medical treatment of persons afflicted with bodily or mental disease. Typical uses include homes for the aged, sanitariums, institutions for the care of chronic drug addicts and mental patients, rest homes and convalescent homes. Household pet. "Household pet" means any domesticated animal commonly maintained in residence with man. (See Chapter 17.54 for provisions on keeping of dogs and cats.) Ordinance No. 935-25 Page 16 of 42 17.04.090 - "!" Definitions. Instructional services. "Instructional services" means establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include driving schools and reducing salons. Intensification of use. Intensification of use" means a change in use that creates of itself or as a result of itself increased traffic or need for parking as defined in this title. 17.04.100 - "J" Definitions. Jails. Jails" means prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint. Junior accessory dwelling unit. Junior accessory dwelling unit" or JADU" means the same as stated in California Government Code section 65852.22 as that section may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term "junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Junk and salvage yard. "Junk and salvage yard" means any premises used for the storage or keeping of old, used or secondhand scrap ferrous and nonferrous metals, paper and paper products, roofing and tar paper, cloth and clothing, wood and wood products, paints, clay and porcelain products, trash and similar materials, including dismantling of machinery, equipment and parts and the baling of cardboard boxes, paper and paper products, but does not include any business defined as an automobile dismantling yard. Junk and salvage yard" means the same as "salvage operations. Ordinance No. 935-25 Page 17 of 42 17.04.110 - "K" Definitions. Kennel. "Kennel" means any lot or premises on which four or more dogs or cats or combination thereof are kept, boarded or trained, whether or not for compensation. "Kennel" is included in the use "animal boarding. Kitchen. "Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food. 17.04.120 - "L" Definitions. Landscaping. "Landscaping" means the planting and maintenance of a combination of trees, shrubs, vines, ground covers, flowers, lawns or desert plants. In addition, the combination of design may include natural features such as rock and stone; and structural features, including but not limited to fountains, reflecting pools, art works, screens, walls, fences and benches. Laundry services (heavy). "Laundry services (heavy)" means establishments primarily engaged in the process of laundering, dry-cleaning or dyeing clothing or other materials. Laundry services (light). "Laundry services (light)" means establishments primarily engaged in providing laundering, dry-cleaning or dyeing services directly to the consumer. Typical uses include laundromats and dry-cleaning stores. Legal lot or parcel of land. "Legal lot or parcel of land" means: A. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or B. A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or C. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or D. Any parcel of real property otherwise lawfully created and dimensioned either prior to the adoption of the ordinance codified in this title or in conformance with it; or Ordinance No. 935-25 Page 18 of 42 E. Two or more lots not meeting the regulations of this title which are combined, by an appropriate recorded written instrument, or two or more such lots which are combined by a common usage, shall be deemed, for all purposes, a single lot. Library services. "Library services" means public uses involving the collection of books, manuscripts, audio-visual materials, etc., for study and reading. Llvestock/anima keeping (heavy). Livestock/animal keeping (heavy)" means premises where animals are kept and fed as a business. Loading space. "Loading space" means an off-street sace or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall abut a street, alley or other appropriate means of ingress or egress. Lot area. "Lot area" means the total horizontal area within the property lines of a lot. Lot, corner. "Corner lot" means a lot located at the intersection of two or more streets. Lot coverage. "Lot coverage" means that portion of a lot covered by a building, buildings or structures, exclusive oft the normal roof overhang. Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. For irregular lots, see Section 17.04.700, "Lot line, rear." Lot, interior. "Interior lot" means a lot other than a corner lot. Ordinance No. 935-25 Page 19 of 42 Lot, key. "Key lot" means a lot where a side property line abuts the rear property line of one or more other lots, and not separated by an alley. Lot line. "Lot line" means any line bounding a lot as defined in this chapter. Lot line, front. "Front lot line" means all property fronting on one side of a streêt between a street right- of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. In case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. Lot line, rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. Lot of record. "Lot of record" means a parcel of land as shown on the records of the assessor at the time of the adoption of the ordinance codified in this title. Lot, reversed corner. Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. Lot slope. "Lot slope" means the greatest slope expressed in percent obtained by the difference in elevation between the highest and lowest points within the lot to the horizontal distance between the points. Ordinance No. 935-25 Page 20 of 42 Lot, through. "Through lot" means a lot having frontage on two parallel or approximately parallel dedicated streets. The lot frontage in instances such as this shall be determined by the director of public works. Lot width. "Lot width" means the horizontal distance oetween the side lot lines, measured at right angles to the lot depth at the established building setback line. Low barrier navigation center. "Low barrier navigation center" means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Al low barrier navigation center may be non-congregate and relocatable. 17.04.130 - "M" Definitions. Manufactured home or manufactured housing. "Manufactured home" or "manufactured housing" means any structure constructed on or after June 15, 1976 that is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet. Manufactured homes are built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A manufactured home" also includes any structure that meets the requirements of this paragraph except the size requirements and which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. Medical services. "Medical services" means establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment or rehabilitation to medical testing and analysis services, but not providing in-patient services or overnight accommodations. Typical uses include medical offices, dental laboratories and health maintenance organizations. Ordinance No. 935-25 Page 21 of 42 Mobilehome. A mobilehome" is a structure that meets the same requirements as a manufactured home, but was built on or before June 15, 1976 and complies with the state standards for mobilehomes in effect at the time of construction. Mobilehome does not include modular housing, a multifamily manufactured home, or a recreational vehicle. Mobilehome park. "Mobilehome park" means a designated area or parcel of land where spaces are rented or leased for mobile homes. Modular housing. "Modular housing" means any dwelling unit or units which are fabricated either in whole or in sections at a factory wherein such sections, or modules, are not constructed on a chassis. For purposes of this title this category shall not include manufactured housing as defined herein, but shall be considered equivalent to any dwelling or dwellings which require substantial assembly on site. Multiple-family dwelling. Multiple-family dwelling" means a building containing three or more dwelling units, each unit designed for occupancy by one family. Multiple-family dwelling" means the same as "apartment house. 9 For the purposes of Chapter 17.33 only, multiple-family dwelling" shall mean a structure with two or more attached dwellings on a single lot. 17.04.140 - "N" Definitions. 17.04.150 - "O" Definitions. Off-street parking facility. "Off-street parking facility" means an approved space or spaces located within a building or structure, or surface parking areas, public or private, for the parking of vehicles, including driveways. Open space. "Open space" means that portion of a lot which is not covered by a building, buildings or structure and is open from the ground up, except for normal roof overhang, in residential zones. Ordinance No. 935-25 Page 22 of 42 17.04.160 - "P" Definitions. Parking space, automobile. "Automobile parking space" means a readily accessible space, exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of one automobile. Person. "Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or state government, city, county, district or any other group or combination acting as an entity. Plant cultivation (light). "Plant cultivation (light)" means premises where plants are raised and nurtured for personal use, either for aesthetic value or consumption. Plot plan. "Plot plan" means a plan drawn to scale showing existing and proposed structures, improvements, etc., as to standards established by planning director. Postal services. "Postal services" means mailing services, excluding major processing, owned or operated by governmental agencies as traditionally provided by the United States Postal Service. Public administrative services. "Public administrative services" means premises occupied by public agencies engaged in consulting, recordkeeping, clerical or public-contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary equipment and vehicles. It includes civic centers. Public maintenance services. "Public maintenance services" means yards or other space, whether enclosed or unenclosed, devoted to the storage of equipment needed by public agencies to maintain public facilities such as any incidental structures housing administrative operations of such programs. Ordinance No. 935-25 Page 23 of 42 Public transportation facilities. "Public transportation facilities" means facilities, such as bus terminals and train tracks, devoted to one or more of the various means of public transit. 17.04.170 - "Q" Definitions. 17.04.180 - "R" Definitions. Rabbits, poultry and domestic fowl. "Rabbits, poultry and domestic fowl" means any member of the hare family, chinchillas, hamsters, nutria, guinea pigs and other rodents, pigeons, chickens, chicks, capons, ducks, geese, turkeys, doves, squab and all other domestic or domesticated fowls and birds. "Rabbits, poultry and domestic fowl" is included under the use "animal keeping (light)." Recreation services/acilities. "Recreation services/acities means recreational, social or multipurpose uses of open areas, as well as within buildings. Typical uses include parks, community meeting centers and public swimming pools. Recreational/ftness facilities. Recreational/fitness facilities" means establishments or places primarily engaged in the provision of sports and recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. Typical uses include bowling alleys, billiard parlors, driving ranges, spas, physical conditioning centers and cardrooms (subject to Chapter 5.24). Recreational vehicle. Recreational vehicle" means a camper, motor home, travel trailer or tent trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with a living area less than three hundred twenty square feet. Recreation space. "Recreation space" means any area, whether enclosed, covered or open, at ground level or in or on a structure, used exclusively for active or passive recreational purposes. Refuse processingdumps. "Refuse processing/dumps means processing and sale of plant or animal byproducts, including fish or any refuse or garbage or the disposal of such products in a landfill dump. Ordinance No. 935-25 Page 24 of 42 Religious assembly. "Religious assembly" means religious services involving public assembly such as customarily occurs in churches, synagogues and temples. "Church" is further defined as a building, the principal purpose of which is religious worship and including uses in the principal structure or separate buildings, including Sunday school rooms, assembly rooms, kitchen, library, one-family dwelling unit and day nurseries operated by and located on the same lot or site as the church, but excluding facilities for residences of or training of religious orders. Repair services. "Repair services" means establishments primarily engaged in the repair of appliances, apparel and musical instruments for individuals and households. Research/testing services. Research/testing services" means establishments primarily engaged in research of an agricultural or scientific nature provided as a service or conducted by and for a private firm, excluding medical testing and analysis and product testing. Typical uses include soils analysis, plant and animal pest monitoring and control programs. Residential care facility, small. "Residential care facility, small" means any type of state licensed residential facility providing non-medical services, which, by state law, is required to be treated as a residential use of property when serving six or fewer people. Residential care facility, large. "Residential care facility, large" means any type of state licensed residential facility providing non-medical services for seven or more people. Rest home. "Rest home" means a convalescent home, guest home or any other facility operating similar to a boardinghouse for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents. Retail sales (indoor). "Retail sales (indoor)" means places of ousiness primarily engaged in the sale or rental to the ultimate consumer of commonly used goods and merchandise for personal or household use from an enclosed structure, but excluding bulk sales and storage. Typical Ordinance No. 935-25 Page 25 of 42 uses include department stores, apparel stores, sporting goods stores and furniture stores. Retail sales (outdoor). "Retail sales (outdoor)" means the display, exchange, barter or sale to the ultimate consumer of new or commonly used household items, office equipment, furnishings or other personal goods as well as foods and beverages in an outdoor setting outside of a fully enclosed structure. Typical uses include swap meets, flea markets, farmers' markets, nurseries and crafts fairs. RV parks/campgrounds. "RV parxs/campgrounds means any parcel of land used or offered for use in whole or in part, with or without charge for parking of travel trailers, pickup campers, motor homes or similar devices used for temporary portable housing for a relatively short-term occupancy; includes camping spaces for tents or other short-term camping. 17.04.190 - "S" Definitions. Salvage operations. "Salvage operations" means places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials not intended for reuse in their original form. Typical uses include automobile dismantling yards, junkyards and paper salvage yards. Service station. "Service station": See definition of Automobile service station." Sign. "Sign" means any method of display or part thereof, for visual communication, that includes any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business group or enterprise. Sign structure. "Sign structure" means any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole orit may not be an integral part of the building. Ordinance No. 935-25 Page 26 of 42 Single-family dwelling. "Single-family dwelling" means a building designed for occupancy by one family. Single-room occupancy (SRO). "SRO" means a multi-unit housing project for single persons typically consisting of single rooms and shared bathrooms, and may include a shared common kitchen and activity area. SROS may be restricted to seniors or be available to persons of all ages. Story. "Story" means a space in a building between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling or roof above. Street. "Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this title. Street centerline. "Street centerline" means the centerline of a street or right-of-way as established by official surveys. Street line. "Street line" means the boundary line between the street and abutting property. Street, side. "Side street" means that street bounding a comer lot and which extends in the same general direction as the line determining the depth of the lot. Structure. "Structure" means anything constructed or built, an edifice or building or any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground or is attached to something having a location on the ground. Ordinance No. 935-25 Page 27 of 42 Structural alterations. "Structural alterations" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components. Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite and offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Swimming pool. A "swimming pool" shall be considered as a structure, except that it shall not be considered as covered space in computing lot coverage. 17.04.200 - "T" Definitions. Target population. Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans, or homeless people. This definition shall not apply if a more specific or different definition applies in any other chapter of this code. Transient. Transient" means a person who requests accommodations for a price, with or without meals, for a period of not more than one hundred eighty days. Transitional housing. Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Ordinance No. 935-25 Page 28 of 42 17.04.210 - "U" Definitions. Use. "Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Used for. "Used for" includes the words 'arranged for, designed for, occupied or intended to be occupied for." Utility distribution facilities. "Utility distribution facilities" means utilities which are necessary to support principal development and involve only minor structures such as lines and poles. 17.04.220 - "V" Definitions. Viewshed. Viewshed" means that area from which an existing or proposed sign may be viewed with nonenhanced eyesight. Visual obstruction. "Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intersecting or intercepting streets and alleys between three feet and ten feet above the ground, measured in a vertical plane of the sidewalk area. 17.04.230 - "W" Definitions. Wall. "Wall" means any structure or device forming a physical barrier which is SO constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This includes concrete, concrete block, wood or other materials that are solids and are SO assembled as to form a solid barrier. (See definition of "Fence.") Warehousing/wholesaling. Warehousing/holesaling means places of business primarily engaged in warehousing, wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. It includes the bulk storage of fuels, fertilizers, feed, seed and other Ordinance No. 935-25 Page 29 of 42 agricultural supplies. Bulk storage of fertilizers derived from livestock/animal keeping (heavy) or feed lots is not included except in association with such use. This does not include the bulk storage of hazardous chemicals or materials. 17.04.240 - "X" Definitions. 17.04.250 - "Y" Definitions. 17.04.260 - "Z" Definitions. SECTION 3. Amendments to Chapter 17.08. Footnote [2] of Chapter 17.08 and sections 17.08.015 through 17.08.720 of Chapter 17.08 of the Blythe Municipal Code are hereby deleted in their entirety. Section 17.08.730 (Uses Similar to Those Listed) shall be renumbered as Section 17.08.030. Section 17.08.740 (Location of Commercial Cannabis BushnessesDspensares, shall be renumbered as Section 17.08.040. SECTION 4. Amendment to Section 17.06.010. The table in section 17.06.010 (Zones Designated) is hereby amended by adding the following: Symbol Zone Name HEO Housing Element Overlay SECTION 5. Addition of Section 17.08.020. Section 17.08.020 is hereby added to the Blythe Municipal Code to read as follows: 17.08.020 - Housing Element Overlay. Notwithstanding anything in this code to the contrary, any residential development project, including a mixed-use development project, on a site designated as HEO shall be considered a permitted use and approved if it meets the following requirements: A. The project provides twenty percent or more of the units as affordable to lower- income households. A recorded affordability restriction shall be required for a fifty- five year period for affordable rental housing units and for a forty-five year period for affordable for-sale units, or such other period as required by an applicable provision of law. B. The director has reviewed the plans to ensure that they comply with all applicable objective provisions of the underlying zone, municipal code, general plan, and any applicable specific plans or city regulationslstandards. No other findings shall be required. C. Nothing herein exempts a project which requires any type of map from going through the procedures required under the state Subdivision Map Act and Title 16 of this code as provided for in California Government Code section 65583.2(1). Ordinance No. 935-25 Page 30 of 42 SECTION 6. Amendment to Section 17.08.010. In the table set forth in Section 17.08.010 (Uses Permitted in Each Zone) of the Blythe Municipal Code, the Residential Uses category is hereby amended as follows to read as follows and transitional shelters are deleted from the Public/Quas-Public category. All other provisions remain the same. SPR RR A R- R- R- R- R- P- USE P/Q- C- C- C- C- I- I- R/MH E L/11 M- M H D P N C G M- S G L O Residential: X X X X X X X / Single-Family Dwelling /12) /12) X X / Two-Family Dwelling X X X / Multiple-Family Dwelling / / / / / Group Dwelling X X X X X / Guest House / / / / / / / Mobile Home Park X Recreational Vehicle Park X X X X X X X X X Residential Care X X X Facilities (Smal!) [3] X X X X X X X X X Residential Care X X Facilities (Large) [3] X X X X X X X X X Group home [3] X X X X Residential Unit, one per 20 acres Single-Room Occupancy X X X X X X X X Supportive Housing [3] X X X X X Supportive Housing - X X X Homeless [41 X X X X X X Transitional Housing [3 [2] X Emergency Shelterl5) X X Low Barrier Navigation X X X Center [6] Public/Quasi-Public [The R-L zone includes the R-L-1, R-L-1-72, and R-L-2 zones. [2) For provisions regarding residences in nonresidential zones, see Section 17.68.025. [3] This constitutes a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zoning district when the use meets the definition of a family. [4] Must comply with Chapter 17.63G. [5] Must comply with Chapter 17.63A. [6] Must comply with Chapter 17.63F. SECTION 7. Amendment to Section 17.10.015. Section 17.10.015 of the Blythe Municipal Code is amended to read as follows: Ordinance No. 935-25 Page 31 of 42 17.10.015 - Residential lot coverage. The ground floor area of all roofed structures, both main and accessory, on residential lots shall be limited as follows: A. All lots except the R-M and R-H zones - forty percent of the total lot area. B. R-M zone - fifty percent of the total lot area C. R-H zone - fifty percent of the total lot area. SECTION 8. Amendment to Section 17.10.050. Section 17.10.050 of the Blythe Municipal Code is hereby amended to read as follows: 17.10.050 - Lot area per dwelling unit/density per acre. The minimum lot area required for each dwelling unit in the residential zones and the allowed residential density in such zones shall be as shown in the following table: Zone Minimum Required Lot Multi-Family Units Per Area Per Dwelling Unit (sq. Gross Acre ft.) R-R 0-2 R-E 9,600 2.1-4 R-L-1 7,800 4.1-5 R-L-1-72 7,200 5.1-6 R-L-2 6,000 6.1-7 R-M-L 3,900 7.1-11 R-M 3,100 11.1-14 R-H 1,500 14.1-29 Mobilehome 11.1-14 SECTION 9. Amendment to Section 17.16.060. Section 17.16.060 of the Blythe Municipal Code is hereby amended to read as follows: 17.16.060 - Number of spaces required-Residential. The number of spaces required for residential uses shall be as follows: A. There shall be at least two parking spaces for every dwelling unit with a detached single-family home in the SPR, R-R, A, R-E, R-L, R-M, R-M-L, I-S, I-G, and P-D zones. B. In the multi-family zones of R-M-L, R-M, R-H, P-D, and C-G, the following parking standards shall apply: Ordinance No. 935-25 Page 32 of 42 1. One parking space per unit for studio and one-bedroom units; 2. One and one-half parking space per unit for all units above two bedrooms. C. Tandem parking shall not be permitted to meet the requirements of subsections A and B of this section. SECTION 10. Addition of Chapter 17.30A. Chapter 17.30A is hereby added to the Blythe Municipal Code to read as follows: Chapter 17.30A - DENSITY BONUS AND INCENTIVES 17.30A.010 - Purpose; applicability. A. The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city. B. This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law. 17.30A.020 - Definitions. The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter. 17.30A.030 - Density bonus, concessions or incentives, waivers, and parking standards. The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law, as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail. 17.30A.040 - Density bonus calculations and requirements. A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. B. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number. C. The density bonus units shall not be included in determining the number of Ordinance No. 935-25 Page 33 of 42 affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law. D. The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval. 17.30A.050 - Application. A. Application submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the development services department concurrently with an application for a housing development. B. Application contents. An application shall be accompanied by the following: 1. Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a oreakdown of the units (e.g., unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces). 2. Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage, number of bonus units proposed, and total number of units. 3. Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability. 4. A description of all dwelling units existing on-site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units. 5. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date of the submittal of the application. 6. Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or Ordinance No. 935-25 Page 34 of 42 concession(s). 7. Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction of the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law. 8. Description of requested parking ratios. C. The development services department will process the application concurrently with any other applications required forthe housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law. D: If a proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code section 65589.5. E. A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development. 17.30A.060 - Requirements. A. The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approving body. Ifan appeal is taken of the project, then the regulatory agreement shall be approved by the decision-maker on appeal. B. The applicant shall be required to paythe city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units as permitted by law, or any other matter relating to the density bonus. C. The required affordable units shall be constructed concurrently with the market- rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development. D. The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units. If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. Ifthe development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest Ordinance No. 935-25 Page 35 of 42 lots with market rate units. E. The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code section 50052.5 and California Code of Regulations Title 25, sections 6910-6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units. F. If the development project is for units that will be sold, then the affordable dwelling units shall also be for-sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement. G. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement. SECTION 11. Deletion of Chapter 17.63C. Chapter 17.63C of the Blythe Municipal Code is hereby deleted in its entirety. SECTION 12. Addition of Chapter 17.63F. Chapter 17.63F is hereby added to the Blythe Municipal Code to read as follows: Chapter 17.63F - LOW BARRIER NAVIGATION CENTERS 17.63F.010 - Purpose. The purpose of this chapter is to implement the provisions of California Government Code section 65660 et seq. relating to low barrier navigation centers. 17.63F.020 - Definitions. For purposes of this chapter, the following definitions shall apply: A. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in California Govemment Code section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. Ordinance No. 935-25 Page 36 of 42 B. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1. The presence of partners if it is not a population-spec.tic site, such as for survivors of domestic violence or sexual assault, women, or youth; 2. Pets; 3. The storage of possessions; or 4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. 17.63F.030 - Requirements. A low barrier navigation center shall be ministerially approved by the director if it meets the following requirements: A. It offers services to connect people to permanent housing through a services plan that identifies services staffing. B. It is linked to a coordinated entry system, SO that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. C. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code. D. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. 17.63F.040 - Application procedures. A. An application shall be submitted to the planning division of the development services department. B. The city shall notify the applicant within thirty days of receipt of an application whether the application is complete and if not, shall provide the applicant with a complete list of items that were not complete. C. The city shall act within sixty days of receipt of a completed application. SECTION 13. Addition of Chapter 17.63G. Chapter 17.63G is hereby added to the Blythe Municipal Code to read as follows: Ordinance No. 935-25 Page 37 of 42 Chapter 17.63G - SUPPORTIVE HOUSING FOR HOMELESS 17.63G.010 - Purpose. A. The purpose of this chapter is to implement the provisions of California Government Code section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code section 5067.14. B. The provisions of this chapter take precedence over any section of the zoning code to the contrary. 17.63G.020 - Definitions. For purposes of this chapter, the following definitions apply: Administrative office space" means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development authorized pursuant to this title and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. Administrative office space" includes parking necessary to serve the office space. "Lower income households" means the same as defined in Section 50079.5 of the California Health and Safety Code. "Supportive housing - homeless" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing includes nonresidential uses and administrative offices as limited by this chapter and specifically includes transitional housing for youth and young adults. "Supportive services" includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Target population" means persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the California Government Code. 17.63G.030 - Requirements. A. This chapter shall only apply to a supportive housing development of no more than 50 units that meets the requirements of this chapter. Ordinance No. 935-25 Page 38 of 42 B. Units within the development are subject to a recorded affordability restriction for fifty-five years. The city shall record an affordability restriction against the property which restricts the units to lower income households for a period of fifty-five years. The applicant shall be required to sign all necessary documents. C. One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Rents shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. D. At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing. E. Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts: 1. For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services. 2. For a development with more than twenty units, at least three percent of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. 3. The total floor area dedicated to administrative office space shall not exceed twenty-five percent of total floor area. F. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in California Government Code section 65915(c)(3). G. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. H. The development shall be required to comply with the objective development standards and policies that apply to other multifamily developments within the same zone. Ordinance No. 935-25 Page 39 of 42 17.63G.040 - APIcatonprocessinge A. The standard application for the housing development project shall be supplemented with the following information: 1. The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided on site to the residents in the project; 2. The name of the proposed entity or entities that will provide supportive services; 3. The proposed funding source(s) for the provided on-site supportive services; 4. Proposed staffing levels by shift; 5. The number of units that are restricted to residents who meet criteria of the target population; 6. The amount of nonresidential floor area that shall be used for on- site supportive services; 7. An identification of the number of manager units that will be provided; and 8. An identification of the number of rental dwelling units on site, or units that have been vacated in the five-year period preceding the application, which are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by lower or very low income households. B. An application shall be reviewed for completeness within thirty days of receipt. The application shall be acted on within sixty days after the application is complete for a project with 50 or fewer units. C. The application for a supportive housing project that complies with all applicable requirements, including the requirement for replacement housing, shall be ministerially approved by the director. 17.63G.050 - Parking requirements. The following parking requirements shall apply: A. Parking shall be required at the rate of one space per unit. However, no minimum parking requirement shall apply for the units occupied Ordinance No. 935-25 Page 40 of 42 by supportive housing residents if the development is within one-half mile of a public transit stop. B. A minimum of one parking space shall be provided for each manager unit(s). C. Parking at the rate of one space for every employee on the largest shift. SECTION 14. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance implements programs required by the City's Housing Element and will not result in any development or activity with the potential to impact 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 15. 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 16. Severability. If 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. SECTION 17. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 18. 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. Ordinance No. 935-25 Page 41 of 42 PASSED, APPROVED AND ADOPTED this day of 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 935-25 Page 42 of 42 ORDINANCE NO. 935-25 - CHANGES TO TITLE 17 (Changes Denoted in Underline and Strikethrough) Chapter 17.04 - DEFINITIONS 17.04.010 - "A" Definitions. Access. "Access" means a place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title. Accessory building. "Accessory building" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot. Accessory dwelling unit. "Accessory dwelling unit" or ADU" means the same as stated in Government Code Section 65852.2 as that section may be amended from time to time. As of the effective date oft the ordinance establishing this definition, the term "accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Accessory use. "Accessory use" means a use customarily incidental to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located. Administrativelprofessional services. Administrativelprofessional services" means offices of private firms or organizations primarily used for the provision of professional, executive, management or administrative offices, legal offices, architectural firms, physician's offices, insurance agencies, real estate firms and other similar activities where a service is rendered, as distinguished from the handling of commodities. Attachment 2 Page 1 of 40 Adult businesses. "Adult businesses" means any massage parlor, model studio or arcade, bookstore or theater which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice. Airport. "Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas. Alley. "Alley" means a public or private way, at the rear or side of property, permanently reserved as a means of vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street. Animal boarding. "Animal boarding" means boarding services for dogs, cats and similar small animals, as well as horses. Typical uses include kennels, pet motels, dog training centers and stables. Animal grooming. "Animal grooming" means grooming of dogs, cats and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops, but excludes animal boarding. Animal health care. "Animal health care" means veterinary services for animals. Typical uses include pet clinics, dog and cat hospitals or animal hospitals. Animal keeping (light). "Animal keeping (light)" means premises where animals are fed or kept for personal use, for 4-H or other agricultural organization projects by the owner or occupant of the premises, as limited by Chapter 17.54. Attachment 2 Page 2 of 40 Apartment. Apartment" means a room or suite of two or more rooms in a multiple-dwelling structure, occupied or suitable for occupancy as a residence for one family. Apartment, bachelor. "Bachelor apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" means the same as "bachelor apartment. 17 Apartment, efficiency. "Efficiency apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into two habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as "efficiency apartment. Apartment house. "Apartment house" means a building designed and used for occupancy by three or more families, all living independently of each other. Apartment house" means the same as multiple-family dwelling. Apartment, one-bedroom. "One-bedroom apartment" means a dwelling unit in an apartment house that contains more than three habitable rooms. Apartment, woormore-bedrom. Twoor-more-bedrom apartment" means a dwelling unit, in an apartment house, that contains more than three habitable rooms. Architectural feature. "Architectural feature" means a part, portion or projection that contributes to the beauty or elegance ofa building or structure and is not intended for occupancy, which may extend beyond the face of the exterior wall, but shall not include signs. Area, net. "Net area" means that area of a lot or parcel of land exclusive of: A. Public alleys, highways streets or rights-of-way; or Attachment 2 Page 3 of 40 B. Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or C. Other public or private easements where the owner of the servient tenement does not have the right to use for permanent structures the entire surface of the land. Assessor. Assessor" means the county assessor. Attach. "Attach" means to connect, fasten or structurally affix permanently to a building or structure. Automobile dismantling yard. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles required to be registered under the California Vehicle Code, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof and the storage, sale or salvage of dismantled, partially dismantled, or wrecked, inoperative or disabled vehicles generated incidentally with the legal operation of an automobile repair garage or body and fender shop. Automobile dismantling yard" means the same as "salvage operations. Automobile impound yard. "Automobile impound yard" means an area designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property as prescribed by law. Automobile painting. Automobile painting" means the painting of autos, trucks, motorcycles, motor homes and other motor vehicles. Automobile parking. Automobile parking" means the parking of motor vehicles on a temporary basis within an off-street parking area with or without a fee. Attachment 2 Page 4 of 40 Automobile repair. Automobile repair" means the repair of motor vehicles, as well as the sale, installation and servicing of automotive equipment and parts, together with body repairs, steam cleaning, welding and automated car washes. Automobile sales/rentals. Automobile sales/rentals" means the sale, retail or wholesale, and/or rental of autos, trucks, motorcycles, motor homes, mobile homes, travel trailers, aircraft, construction equipment, farm equipment, and boats. Automotive servicing. "Automotive servicing" means fueling, washing and polishing, installation and servicing of automotive equipment and parts, including motor-cycle service and repair, but excluding automated car washes using blowers, dryers and other automatic equipment, and auto glass shops. A typical use is automobile service station. Automobile service station. "Automobile service station" means an area which provides for the servicing of motor vehicles, including tube and tire repairs, minor tune-ups, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing and grease racks, but excluding automobile repairs such as body and fender work, engine overhauling or other similar activities. Automotive storage. Automotive storage" means the storage of operating motor vehicles for extended periods of time. Typical uses include recreational vehicle storage, fleet storage and automobile, van and pickup truck impound yards. 17.040.020 - "B" Definitions. Basement. "Basement" means a space wholly or partly underground, and having more than one-half of its height, measured from floor to ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. Breezeway. Breezeway" means a roofed passageway, open on two sides, where the roof is in keeping with the design and construction of the main building. Attachment 2 Page 5 of 40 Buildable area. "Buildable area" means any portion of a lot or building site not contained within required setbacks. Building. "Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Building area. "Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot. Building height. "Building height" means the vertical distance from the finished grade at the exterior wall to the highest point of the roof structure. In case of sloping lots the vertical distance from the finished grade on the exterior wall at a point located midway between the front and rear oft the building, or side and side property lines to the highest point of the roof structure. Building, main. "Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title. Building material yards. "Building material yards" means places of business engaged in the sales and storage of lumber, masonry and metal products, including plumbing, electrical and air-conditioning equipment and supplies used in the construction of buildings. Typical uses include lumberyards and brickyards. Building setback line. "Building setback line" means the minimum distance as prescribed by this title or a city ordinance, between the property line of a lot or parcel of land, or rights-of-way of alleys, streets or highways, and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend beyond the setback line. Building site. "Building site" means the ground area of a building together with all the open space required by this title. Attachment 2 Page 6 of 40 Business support services. "Business support services" means establishments primarily engaged in the provision of services of a clerical, employment, protective, maintenance, janitorial or minor processing nature to firms rather than individuals. 17.04.030 - "C" Definitions. Camper. "Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation for camping purposes. Carport. "Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter. Cemeteries. "Cemeteries" means areas reserved for interment of human dead. Centerline. "Centerline" means the same as "street centerline. Communication services. Communication services" means establishments primarily engaged in the provision of broadcasting and other information-relay services accomplished through the use of electronic and telephonic mechanisms, but excluding television studios, elecommunicaton service centers or telegraph service offices. Compact car. "Compact car" means a vehicle capable of movement under its own power having a wheelbase of one hundred inches or less. Compatible use. "Compatible use" means a use that, by its manner of operation, is suitable in the zone in which it may be nonconforming. Said use of land and/or buildings shall be in harmony with the type of use and manner of operation on abutting properties in the same zone. Attachment 2 Page 7 of 40 Condominium. Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel ofreal property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium" may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either: A. An estate of inheritance of perpetual estate; B. An estate for life; C. An estate for years; or D. With a separate interest in a legal lot or air space. Construction sales and services. "Construction sales and services" means places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or structures other than retail sale of paint, fixtures and hardware. Typical uses include building materials stores, tool and equipment rentals or sales, or building contractors. Convenience sales and services. "Convenience sales and services" means places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the criteria of this section. Typical uses include neighborhood grocery and convenience stores and laundromats. County. "County" means the county of Riverside. County recorder. "County recorder" means the county recorder of the county. Court. "Court" means an open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building. Attachment 2 Page 8 of 40 Coverage. "Coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy. Crematory. "Crematory" means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains. Cultural exhibits-museums, nonprofit. Nonprofit cultural exhibits-museums means nonprofit, museum-like preservation and exhibition of objects of permanent interest in one or more of the arts and sciences. Curbline. "Curbline" means a straight line along the top outer edge of a curb. The curbline for streets without curbs shall be considered to be located ten feet, measured at right angles, from the property line. Exception: In the case of streets with established highway setback lines, the future curbline shall be determined by the director of public works. Custom manufacturing. "Custom manufacturing" means establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment, and the direct sale to consumers of only those goods produced on the site. Typical uses include ceramic studios, candlemaking shops and custom jewelry manufacturers 17.04.040 - "D" Definitions. Design review committee. "Design review committee" means that committee appointed under this title for the purpose of reviewing plans for the downtown redevelopment area. Attachment 2 Page 9 of 40 Director "Director" means the director of the development services department or the director's designee. Double frontage lot. "Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets, and having the right of access to both streets. Drive-in business. "Drive-in business" means any establishment or business which, whether by design or operation, provides services or products directly to occupants of motor vehicles, or directly to pedestrian traffic from exterior openings or counters or any combination thereof. Driveway. "Driveway" means a paved access to a required off-street parking facility. Dwelling. "Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, with the exception of permitted home occupations, but not including hotels, motels, motor hotels, boarding homes or lodginghouses. Dwelling unit. "Dwelling unit" means one or more rooms in a dwelling designed for, or occupied by, one family for living or sleeping purposes and having only one kitchen. 17.04.050 - "E" Definitions. Easement. "Easement" means an area on a lot or parcel of land, and sO indicated on a subdivision map or in a deed, reserved for and/or used for public utilities, public uses and/or private uses. Attachment 2 Page 10 of 40 Eating/drinking establishments. "Eating/drinking establishments" means places of business primarily engaged in the sale of prepared food and beverages for on-premises consumption. Typical uses include restaurants, short-order eating places or bars. Educational institutions/schoos. Educational insttutions/schools means public or private institutions offering instruction at the primary, intermediate, high school, college or university level with incidental administration, recreational and storage facilities. Emergency shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. "Emergency shelter" includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. Employee housing. "Employee housing" means privately-owned housing that provides accommodations six or fewer employees, pursuant to California Health and Safety Code section 17021.5. "Employee housing" shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any way from a family dwelling. Enclosed building. "Enclosed building" means a building enclosed by a permanent roof and on all sides by solid exterior walls, except for window and door openings. Enclosed space. "Enclosed space" means an area enclosed on all sides by a solid physical barrier, such as a solid wood fence or masonry wall. Entertainment facilities. Entertainment facilities" means establishments primarily engaged in the provision of cultural, entertainment, athletic and other events to spectators. Typical uses include small theaters and meeting halls. Attachment 2 Page 11 of 40 17.04.060 - "F" Definitions. Family. "Family" means a person or a group of persons living together and maintaining a common household. any-group-ofindivdwals-lwing-tege!nerin.ome-dweling-unit-as-the unctonalequvaa-amy-wneretnereswdents-aysnareAarenouBehodrespensibies and-activiies-sueh-aS-vangexpexpenses,ehores,and-eating-meals-tegether. Family daycare home. "Family daycare home" means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home that is licensed in accordance with the requirements of the California Health and Safety Code. A family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. As used herein, a "small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in regulations. As used herein, a "large family daycare home" means a facility that provides care, protection, and supervision for seven to fourteen children, inclusive, including children under ten years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in regulations. Farm equipment repair. "Farm equipment repair" means the repair of farm tractors, implements, machinery and irrigation systems, as well as the sale, installation and servicing of farm equipment and parts. Farm/plant cultivation (heavy). "Farm/plant cultivation (heavy)" means premises primarily devoted to the growing of plants as a business. Farm products processing. "Farm products processing" means industrial plants engaged in processing, packing, storage and shipping of fruit, vegetables and cotton as a business. Attachment 2 Page 12 of 40 Farm supplies. "Farm supplies" means sale, retail or wholesale, of fertilizers, feed, seed, herbicides and insecticides, including open and bulk storage. Farmworker housing. "Farmworker housing" means any housing for agricultural employees consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. Federal. "Federal" means the Government of the United States of America. Fence. "Fence" means any structural device forming a physical barrier which is sO constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure. Financial institutions. Financial institutions" means establishments primarily engaged in the provision of financial services, including banks and savings and loan institutions. Floor area. "Floor area" means the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courts and basements (residential). Food and beverage sales. "Food and beverage sales" means places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include grocery stores, liquor stores and delicatessens. Attachment 2 Page 13 of 40 Fraternal organizationlodge hall/club. "Fraternal organizationlodge hall/club" means meeting hall and rooms used primarily for the activities of a fraternal organization, lodge or club. Front wall. "Front wall" means the wall of a building or structure nearest the street on which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments. Frontage. "Frontage" means all property fronting on one side of a street between a street and right- of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts. Funeral services. "Funeral services" means establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead, other than cemeteries. Typical uses include funeral homes and mortuaries. 17.04.070 - "G" Definitions. Garage. "Garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling, used for the housing of vehicles of the occupants of the dwelling, including carports. General manufacturing. "General manufacturing" means industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products. Typical uses include fruit packing, woodworking, metal working and machine shops. Grade. "Grade" means the average of the finished ground level at the center of all the exterior walls of a building. In cases where the front wall is parallel to and within five feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot. Attachment 2 Page 14 of 40 Group dwelling. "Group dwelling" means a non-licensed residential facility which provides housing for groups with common kitchen and dining facilities, but without medical, psychiatric, or other care and who do not operate under the definition of "family". Group dwellings include, but are not limited to, dormitories, sorority or fraternity houses, retirement homes, boardinghouses and roominghouses. State licensed facilities are not group dwellings. Housing which falls under another definition of this code shall not be considered a "group dwelling". Group home. "Group home" means ai type of housing for a specific population of individuals where peer or other support services are provided to the residents.- Group homes may be licensed or unlicensed, depending on the requirements of state law. Guest. "Guest" means any transient person who occupies a room for sleeping purposes. Guest house. "Guest house" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. 17.04.080 "H" Definitions Heavy manufacturing. "Heavy manufacturing" means industrial operations involving the compounding of radioactive materials, petroleum refining, manufacturing of explosives, or any other operation of a dangerous nature or creating high levels of air, water or noise pollution. It includes the manufacture of any acid, chlorine or other noxious gases, fireworks, glue and potash. Hedge. "Hedge" means a plant or series of plants, shrubs or other landscape material SO arranged as to from a physical barrier or enclosure. Home occupation. "Home occupation" means any use customarily conducted entirely within only one room in a dwelling or accessory structure and carried on by the inhabitants thereof, which use Attachment 2 Page 15 of 40 is clearly incidental and secondary to the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. Hospitals. "Hospitals" means establishments providing for on-site residence or confinement and medical treatment of persons afflicted with bodily or mental disease. Typical uses include homes for the aged, sanitariums, institutions for the care of chronic drug addicts and mental patients, rest homes and convalescent homes. Household pet. "Household pet" means any domesticated animal commonly maintained in residence with man. (See Chapter 17.54 for provisions on keeping of dogs and cats.) 17.04.090 - "!" Definitions. Instructional services. "Instructional services" means establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include driving schools and reducing salons. Intensification of use. Intensification of use" means a change in use that creates of itself or as a result of itself increased traffic or need for parking as defined in this title. 17.04.100 - "J" Definitions. Jails. Jails" means prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint. Junior accessory dwelling unit. Junior accessory dwelling unit" or JADU" means the same as stated in Government Code Section 65852.22 as that section may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Attachment 2 Page 16 of 40 Junk and salvage yard. Junk and salvage yard" means any premises used for the storage or keeping of old, used or secondhand scrap ferrous and nonferrous metals, paper and paper products, roofing and tar paper, cloth and clothing, wood and wood products, paints, clay and porcelain products, trash and similar materials, including dismantling of machinery, equipment and parts and the baling of cardboard boxes, paper and paper products, but does not include any business defined as an automobile dismantling yard. Junk and salvage yard" means the same as salvage operations. 17.04.110 - "K" Definitions. Kennel. "Kennel" means any lot or premises on which four or more dogs or cats or combination thereof are kept, boarded or trained, whether or not for compensation. "Kenne!" is included in the use "animal boarding. Kitchen. "Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food. 17.04.120 - "L" Definitions. Landscaping. "Landscaping" means the planting and maintenance of a combination of trees, shrubs, vines, ground covers, flowers, lawns or desert plants. In addition, the combination of design may include natural features such as rock and stone; and structural features, including but not limited to fountains, reflecting pools, art works, screens, walls, fences and benches. Laundry services (heavy). "Laundry services (heavy)" means establishments primarily engaged in the process of laundering, dry-cleaning or dyeing clothing or other materials. Laundry services (light). "Laundry services (light)" means establishments primarily engaged in providing laundering, dry-cleaning or dyeing services directly to the consumer. Typical uses include laundromats and dry-cleaning stores. Attachment 2 Page 17 of 40 Legal lot or parcel of land. "Legal lot or parcel of land" means: A. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or B. A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or C. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or D. Any parcel of real property otherwise lawfully created and dimensioned either prior to the adoption of the ordinance codified in this title or in conformance with it; or E. Two or more lots not meeting the regulations of this title which are combined, by an appropriate recorded written instrument, or two or more such lots which are combined by a common usage, shall be deemed, for all purposes, a single lot. Library services. "Library services" means public uses involving the collection of books, manuscripts, audio-visual materials, etc., for study and reading. Livestock/animal keeping (heavy). Livestock/animal keeping (heavy)" means premises where animals are kept and fed as a business. Loading space. "Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall abut a street, alley or other appropriate means of ingress or egress. Lot area. "Lot area" means the total horizontal area within the property lines of a lot. Lot, corner. "Corner lot" means a lot located at the intersection of two or more streets. Lot coverage. "Lot coverage" means that portion of a lot covered by a building, buildings or structures, exclusive of the normal roof overhang. Attachment 2 Page 18 of 40 Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. For irregular lots, see Section 17.04.700, Lot line, rear. 1 Lot, interior. "Interior lot" means a lot other than a corner lot. Lot, key. "Key lot" means a lot where a side property line abuts the rear property line of one or more other lots, and not separated by an alley. Lot line. "Lot line" means any line bounding a lot as defined in this chapter. Lot line, front. "Front lot line" means all property fronting on one side of a street between a street right- of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. In case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. Lot line, rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. Lot of record. "Lot of record" means a parcel of land as shown on the records of the assessor at the time of the adoption of the ordinance codified in this title. Lot, reversed corner. Attachment 2 Page 19 of 40 "Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. Lot slope. "Lot slope" means the greatest slope expressed in percent obtained by the difference in elevation between the highest and lowest points within the lot to the horizontal distance between the points. Lot, through. Through lot" means a lot having frontage on two parallel or approximately parallel dedicated streets. The lot frontage in instances such as this shall be determined by the director of public works. Lot width. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the established building setback line. Low Barrier Navigation Center. "Low barrier navigation center". means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Al low barrier navigation center may be non-congregate and relocatable. 17.04.130 - "M" Definitions. Manufactured home or manufactured housing. Manufactured home". or "manufactured housing" means any structure constructed on or after June 15, 1976 that is transportable in one or more sections, is eight body feet or more in width. or 40 body feet or more in length. in the traveling mode, or, when erected on site, is 320 or more square feet. Manufactured homes are built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.- A "manufactured home" also includes any structure that meets the requirements of this paragraph except the size requirements and which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. dwelinguniounis.lheafhedaus-DepsmentisekusingandUban DevelepmentSeal-wAchare-fabrealede#heFinwAoleorinlaigesestions-ata-facien: aredesgnedandcomsindesenadhassetatsnesle,de-otregure ubsianlalasembyonsegheraansomesoadenipsale.aniarsinsaledwihor Attachment 2 Page 20 of 40 withouta-permanent-ioundation-or-ressdenta-ooupangyexowewely-ForPupeses-ok hNe-He,thie-categeryshal-ndlude-moble-omes-amG-adoFPuNbuNsings-Wheh-are constaucted.enachassis-oriransponatonioabuldingee,anddesgnedto-beinstalled wilh-orwihouta.permanentioundaioon-orresdenialocwpangy-Amable-home-means a-asdoyasembedponapotaedidvesonangmaehanSurNumdedaguase-ses: andwhichexoeede-edeghtetinwdinanderioyieetpleng,amddesggnede-be-used asadwelingunk-madelipbersaymeaieensomndhasskansisamdruminggas-Tnis ealegory-shai-netindde-maarhaueRpeFa/Mtag-nicwAch-egure substantial-assemby-on-sHe,-ROF-alegeP-nodude-eeatonnal-vehieles-as defined-bythis-#e: Medical services. "Medical services" means establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment or rehabilitation to medical testing and analysis services, but not providing in-patient services or overnight accommodations. Typical uses include medical offices, dental laboratories and health maintenance organizations. Mobile-home. See-Section-17.941794770-Manuachured-housing-A mobilehome". is a structure that meets the same requirements as a manufactured home, but was built on or before June 15, 1976 and complies with the state standards for mobilehomes in effect at the time of construction. Mobilehome does not include modular housing, a multifamily manufactured home, or a recreational vehicle. Mobile-home park. Mobile-home park" means a designated area or parcel of land where spaces are rented or leased for mobile homes. Modular housing. "Modular housing" means any dwelling unit or units which are fabricated either in whole or in sections at a factory wherein such sections, or modules, are not constructed on a chassis. For purposes of this title this category shall not include manufactured housing as defined herein, but shall be considered equivalent to any dwelling or dwellings which require substantial assembly on site. Multiple-family dwelling. Multiple-family dwelling" means a building containing three or more dwelling units, each unit designed for occupancy by one family. Multiple-family dwelling" means the same as "apartment house. 3 For the purposes of Chapter 17.33 only, multiple-family dwelling" shall mean a structure with two or more attached dwellings on a single lot. Attachment 2 Page 21 of 40 17.04.140 - "N" Definitions. 17.04.150 - "O" Definitions. Off-street parking facility. "Off-street parking facility" means an approved space or spaces located within a building or structure, or surface parking areas, public or private, for the parking of vehicles, including driveways. Open space. "Open space" means that portion of a lot which is not covered by a building, buildings or structure and is open from the ground up, except for normal roof overhang, in residential zones. 17.04.160 - "P" Definitions. Parking space, automobile. "Automobile parking space" means a readily accessible space, exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of one automobile. Person. "Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or state government, city, county, district or any other group or combination acting as an entity. Plant cultivation (light). "Plant cultivation (light)" means premises where plants are raised and nurtured for personal use, either for aesthetic value or consumption. Plot plan. "Plot plan" means a plan drawn to scale showing existing and proposed structures, improvements, etc., as to standards established by planning director. Postal services. "Postal services" means mailing services, excluding major processing, owned or operated by governmental agencies as traditionally provided by the United States Postal Service. Attachment 2 Page 22 of 40 Public administrative services. "Public administrative services" means premises occupied by public agencies engaged in consulting, recordkeeping, clerical or public-contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary equipment and vehicles. It includes civic centers. Public maintenance services. "Public maintenance services" means yards or other space, whether enclosed or unenclosed, devoted to the storage of equipment needed by public agencies to maintain public facilities such as any incidental structures housing administrative operations of such programs. Public transportation facilities. "Public transportation facilities" means facilities, such as bus terminals and train tracks, devoted to one or more of the various means of public transit. 17.04.170 - "Q" Definitions. 17.04.180 - "R" Definitions. Rabbits, poultry and domestic fowl. "Rabbits, poultry and domestic fowl" means any member of the hare family, chinchillas, hamsters, nutria, guinea pigs and other rodents, pigeons, chickens, chicks, capons, ducks, geese, turkeys, doves, squab and all other domestic or domesticated fowls and birds. "Rabbits, poultry and domestic fowl" is included under the use "animal keeping (light)." Recreation services/facilities. "Recreation services/facities means recreational, social or multipurpose uses of open areas, as well as within buildings. Typical uses include parks, community meeting centers and public swimming pools. Recreational/ftness facilities. Recreational/ftness facilities" means establishments or places primarily engaged in the provision of sports and recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. Typical uses include bowling alleys, billiard parlors, driving ranges, spas, physical conditioning centers and cardrooms (subject to Chapter 5.24). Attachment 2 Page 23 of 40 Recreational vehicle. Recreational vehicle" means a camper, motor home, travel trailer or tent trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with a living area less than three hundred twenty square feet. Recreation space. Recreation space" means any area, whether enclosed, covered or open, at ground level or in or on a structure, used exclusively for active or passive recreational purposes. Refuse processing/dumps. "Refuse processing/dumps means processing and sale of plant or animal byproducts, including fish or any refuse or garbage or the disposal of such products in a landfill dump. Religious assembly. "Religious assembly" means religious services involving public assembly such as customarily occurs in churches, synagogues and temples. "Church" is further defined as a building, the principal purpose of which is religious worship and including uses in the principal structure or separate buildings, including Sunday school rooms, assembly rooms, kitchen, library, one-family dwelling unit and day nurseries operated by and located on the same lot or site as the church, but excluding facilities for residences of or training of religious orders. Repair services. "Repair services" means establishments primarily engaged in the repair of appliances, apparel and musical instruments for individuals and households. Research/testing services. Research/testing services" means establishments primarily engaged in research of an agricultural or scientific nature provided as a service or conducted by and for a private firm, excluding medical testing and analysis and product testing. Typical uses include soils analysis, plant and animal pest monitoring and control programs. Residential care facility, small. Residential care facility, small" means any type of state licensed residential facility providing non-medical services, which, by state law, is required to be treated as a residential use of property when serving six or fewer people. Attachment 2 Page 24 of 40 Residential care facility, large. Residential care facility, large" means any type of state licensed residential facility providing non-medical services for seven or more people. A-esdenta-care-sals, operatingas-a-amlyayepwediern4204450shaHbesesledasalainly Rest home. "Rest home" means a convalescent home, guest home or any other facility operating similar to a boardinghouse for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents. Retail sales (indoor). "Retail sales (indoor)" means places of business primarily engaged in the sale or rental to the ultimate consumer of commonly used goods and merchandise for personal or household use from an enclosed structure, but excluding bulk sales and storage. Typical uses include department stores, apparel stores, sporting goods stores and furniture stores. Retail sales (outdoor). "Retail sales (outdoor)" means the display, exchange, barter or sale to the ultimate consumer of new or commonly used household items, office equipment, furnishings or other personal goods as well as foods and beverages in an outdoor setting outside of a fully enclosed structure. Typical uses include swap meets, flea markets, farmers' markets, nurseries and crafts fairs. RV parks/campgrounds. "RV parks/campgrounds means any parcel of land used or offered for use in whole or in part, with or without charge for parking of travel trailers, pickup campers, motor homes or similar devices used for temporary portable housing for a relatively short-term occupancy; includes camping spaces for tents or other short-term camping. 17.04.190 - "S" Definitions. Salvage operations. "Salvage operations" means places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials not intended for reuse in their original form. Typical uses include automobile dismantling yards, junkyards and paper salvage yards. Attachment 2 Page 25 of 40 Service station. "Service station": See definition of Setion-17-04-169,"Automobile service station.' Sign. "Sign" means any method of display or part thereof, for visual communication, that includes any announcement, declaration, demonstration, display, llustration or insignia, which is used to advertise or promote the interests of any person, business group or enterprise. Sign structure. "Sign structure" means any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole orit may not be an integral part of the building. Single-family dwelling. Single-family dwelling" means a building designed for occupancy by one family. Single-room occupancy (SRO). "SRO" means a multi-unit housing project for single persons typically consisting of single rooms and shared bathrooms, and may include a shared common kitchen and activity area. SROS may be restricted to seniors or be available to persons of all ages. Story. "Story" means a space in a building between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor. and the ceiling or roof above. Street. "Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this title. Street centerline. "Street centerline" means the centerline of a street or right-of-way as established by official surveys. Attachment 2 Page 26 of 40 Street line. "Street line" means the boundary line between the street and abutting property. Street, side. "Side street" means that street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot. Structure. "Structure" means anything constructed or built, an edifice or building or any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground or is attached to something having a location on the ground. Structural alterations. "Structural alterations" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components. Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite and offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target popuasion.aBisedhereiman-aMeiwayeneormoredisabilisee, ineluding mental-Hnes6, HOF-AIDS, Substance abuse, or-other chronic health condtions,orindwidalselgeleforsemesprowdedundertnelamtemma-Develepment Disabilies-ServiesAdtandmayamongalnerpopuiaion6-nddelamisswihohidren, eldery-persens,yowngadusagmgo.tofmelpstersasesystem,-ndMaualsewsting#em ASHena-setings,veleran8,0FPOFnomelesspeep"e: Swimming pool. A "swimming pool" shall be considered as a structure, except that it shall not be considered as covered space in computing lot coverage. Attachment 2 Page 27 of 40 17.04.200 - "T" Definitions. Target population. Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may include, among other populations. families with children, elderly persons, young adults aging out oft the foster care system, individuals existing from institutional settings, veterans, or homeless people. This definition shall not apply if a more specific or different definition applies in any other chapter of this code. Transient. Transient" means a person who requests accommodations for a price, with or without meals, for a period of not more than one hundred eighty days. Transitional housing. Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. 17.04.210 - "U" Definitions. Use. "Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Used for. "Used for" includes the words "arranged for, designed for, occupied or intended to be occupied for." Utility distribution facilities. "Utility distribution facilities" means utilities which are necessary to support principal development and involve only minor structures such as lines and poles. 17.04.220 - "V" Definitions. Viewshed. Attachment 2 Page 28 of 40 Viewshed" means that area from which an existing or proposed sign may be viewed with nonenhanced eyesight. Visual obstruction. "Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intersecting or intercepting streets and alleys between three feet and ten feet above the ground, measured in a vertical plane of the sidewalk area. 17.04.230 - "W" Definitions. Wall. "Wall" means any structure or device forming a physical barrier which is sO constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This includes concrete, concrete block, wood or other materials that are solids and are SO assembled as to form a solid barrier. (See definition of "Fence." ") Warehousing/wolesaling. Warehousing/wholesaling means places of business primarily engaged in warehousing, wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. It includes the bulk storage of fuels, fertilizers, feed, seed and other agricultural supplies. Bulk storage of fertilizers derived from livestock/animal keeping (heavy) or feed lots is not included except in association with such use. This does not include the bulk storage of hazardous chemicals or materials. 17.04.240 - "X" Definitions. 17.04.250 - "Y" Definitions. 17.04.260 - "Z" Definitions. 17.06.010 - Zones Designated. Symbol Zone Name HEO Housing Element Overlay 17.08.020 - Housing Element Overlay. Notwithstanding anything in this cCode to the contrary, any residential development project, including a mixed-use development project, on a site designated as HEO shall be considered a permitted use and approved ifit meets the following requirements: Attachment 2 Page 29 of 40 A. The project provides twenty percent or more of the units as affordable to lower- income households.- A recorded affordability restriction shall be required for a fifty- five year period for affordable rental housing units and for a forty-five year period for affordable for-sale units, or such other period as required by an applicable provision of law. B. The director has reviewed the plans to ensure that they comply with all applicable objective provisions of the underlying zone, municipal code, general plan, and any applicable specific plans or city requlationsistandards. No other findings shall be required. A-C. Nothing herein exempts a project which requires any type of map from going through the procedures required under the state Subdivision Map Act and Title 16 of this cCode as provided for in California Government Code section 65583.2(0). 17.08.010 - Uses permitted in each zone. SPR RR A R- R- R- R- R- P- USE PIQ- C- C- C- C- I- I- R/MH E L/1 M- M H D P N C G M- S G L o Residential: X X X X X X X / Single-Family Dwelling /[2) /12) X X / Two-Family Dwelling X X X / Multiple-Family Dwelling / / / / / Group Dwelling X X X X X / Guest House / / / / / / / Mobile Home Park X Recreational Vehicle Park X X X X X X X X X Residential Care X X X Facilities (Small) [3) X X+ X X+ X+ X+ X+ X+ X+ Residential Care X X Facilities (Large). [3] X X X X X X X X X Group home [3] X X X X Residential Unit, one per 20 acres Single-Room Occupancy X X X X X X X X Supportive Housing [31 X X X X X Supportive Housing = X X X Hhomeless [4] X X Xi5) X X X Transitional Housing. [3] X andSupporlive-oueing 12) Emergency Shelterl5l X X Low Barrier Navigation X X X Center [61 Public/Quasi-Public ansHiona-Sheler: + Attachment 2 Page 30 of 40 [11 The R-L zone includes the R-L-1, R-L-1-72, and R-L-2 zones. [21 For provisions regarding residences in nonresidential zones, see Section 17.68.025. [3] This constitutes a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zoning district when the use meets the definition of a family. [41 Must comply with Chapter 17.63G. [51 Must comply with Chapter 17.63A. [6Must comply with Chapter 17.63F. Editor's-note Permited-n-the-RLRL1-72andRL2zones 17.10.015 - Residential lot coverage. The ground floor area of all roofed structures, both main and accessory, on residential lots shall be limited as follows: A. All lots except the R-M and R-H zones - to-forty percent of the total lot area. B. R-M zone - fifty percent of the total lot area AC. R-H zone - fifty percent of the total lot area. 17.10.050-1 Lot area per dwelling unit/density per acre. A. The minimum lot area required for each dwelling unit in the residential zones and the allowed residential density in such zones shall be as shown in the following table: Zone Minimum Required Lot Multi-Family Units Per Area Per Dwelling Unit (sq. Gross Acre ft.) R-R 0-2 R-E 9,600 -2.1-4 R-L-1 7,800 4.1-5 R-L-1-72 7,200 5.1-6 R-L-2 6,000 -6.1-7 R-M-L 3,900 41.16-7.1-11 R-M 3,100 14.05-11.1-14 R-H 1,500 29.0414.1-29 Mobileh-Home 11.1-14 B. Thetable-setoutinsubsecteGHORAGFINS-sestion-s-designe-se-thata-development mesing-he-epaisementNeRE-MARLonswthe-semsisient-wihihe-Low Densiy-Residenial-caPalegeseines-n.ementafhe-Biyhe General Pam:heRMLamdR-MEeEIRReNENabecmasiaAhne-MedumDenaly ResideniaFcaegervanshe-RHseme-wpiemec-theemsisient-wihhe-Hgh Density-Residentar-eategerk Attachment 2 Page 31 of 40 17.16.060 - Number of spaces required- - Residential. The number of spaces required for residential uses shall be as follows: A. There shall be at least two parking spaces for every dwelling unit with a detached- single family home in the SPR, R-R. A, R-E, R-L, R-M, R-M-L, I-S, I-G, and P-D zones. B. In the multi-family zones of R-M-L, R-M, R-H, P-D, and C-G, the following parking standards shall apply: 1. One parking space per unit in-for studio and one-bedroom units; 4-2. One and one-half parking space per unit for all units above two DedroomsZenes-R-RR.RERLAMGRMAL-OMeaRdome-halfpaing.epaces shal-be-providedtoeveny-dweling-mtnne-R-Mand-R-Hzones: A-C. Tandem parking shall not be permitted to meet the requirements of subsection A and B of this section. Chapter 17.30A - DENSITY BONUS AND INCENTIVES 17.30A.010 - Purpose; applicability. A. The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code section 65915 et seg. ("Density Bonus Law"). will be implemented and to promote the construction of affordable housing within the city. B. This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law. 17.30A.020 = Definitions. The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter. 17.30A.030 - Density bonus, concessions or incentives, waivers, and parking standards. The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law. as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail. Attachment 2 Page 32 of 40 17.30A.040 - Density bonus calculations and requirements. A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. B. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number. C. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law. D. The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval. 17.30A.050 - Application. A. Application submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the development services department concurrently with an application for a housing development. B. Application contents. An application shall be accompanied by the following: 1. Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a breakdown of the units (e.g. unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces). 2. Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage. number of bonus units proposed, and total number of units. 3. Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability. 4. A description of all dwelling units existing on-site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but Attachment 2 Page 33 of 40 are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units. 5. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date ofi the submittal of the application. 6. Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or concession(s). 7. Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction oft the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law. 8. Description of requested parking ratios. C. The development services department will process the application concurrently with any other applications required fort the housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law. D. Ifa proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code Section 65589.5. E. A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development. 17.30A.060 - Requirements. A. The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The requlatory agreement shall be approved by the approving body. Ifan appeal is taken of the project, then the requlatory agreement shall be approved by the decision-maker on appeal. B. The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units as permitted by law, or any other matter relating to the density bonus. Attachment 2 Page 34 of 40 C. The required affordable units shall be constructed concurrently with the market- rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development. D. The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units. If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units. E. The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code section 50052.5 and California Code of Regulations Title 25, Section 6910 = 6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units. F. If the development project is for units that will be sold, then the affordable dwelling units shall also be for-sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement. G. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement. Chapter17.636 SUPPORTINE HOUSING 47-83C.010-Intent. istheintentofhischaplerip-actlateandemoouragetheprowisionafalrdableshele: fer-low-ineome persens-WA-SPesial-RouSing meeds-by-allowing- SWPPOHVe-POWSIng whoutacendienahusepemaeraherdewelanayastennatresdentaizonesand abed-onky-e-he-samesame-dmepmaisnanse-saP-e-ahner-pemsed residentia-uses-n-thesezenes. Chapter 17.63F - LOW BARRIER NAVIGATION CENTERS 17.63F.010 - Purpose. Attachment 2 Page 35 of 40 The purpose of this chapter is to implement the provisions of California Government Code sSection 65660 et seq. relating to low barrier navigation centers. 17.63F.020 - Definitions. For purposes of this chapter, the following definitions shall apply: A. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in California Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment. and referrals. B. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1. The presence of partners if it is not a population-speciic site, such as for survivors of domestic violence or sexual assault, women, or youth; 2. Pets: 3. The storage of possessions: or 4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. 17.63F.030 - Requirements. A low barrier navigation center shall be ministerially approved by the director if it meets the following requirements: A. It offers services to connect people to permanent housing through a services plan that identifies services staffing. B. It is linked to a coordinated entry system, sO that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. C. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code. D. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. Attachment 2 Page 36 of 40 17.63F.040 - Application procedures. A. An application shall be submitted to the planning division of the development services department. B. The city shall notify the applicant within thirty days of receipt of an application whether the application is complete and if not, shall provide the applicant with a complete list of items that were not complete. C. The city shall act within sixty days of receipt of a completed application. Chapter 17.63G - SUPPORTIVE HOUSING FOR HOMELESS 17.63G.010 - Purpose. A. The purpose of this chapter is to implement the provisions of California Government Code sSection 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code Section 5067.14. B. The provisions of this chapter take precedence over any section of the zoning code to the contrary. 17.63G.020 - Definitions. For purposes of this chapter, the following definitions apply: Administrative office space". means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development authorized pursuant to this title and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. Administrative office space" includes parking necessary to serve the office space. "Lower ilncome hHouseholds". means the same as defined in Section 50079.5 of the California Health and Safety Code. "Supportive housing - homeless" means housing with no limit on length of stay, that is occupied by the target population, and thati is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status. and maximizing their ability to live and, when possible, work in the community. Supportive housing includes nonresidential uses and administrative offices as limited by this chapter and specifically includes transitional housing for youth and young adults. Attachment 2 Page 37 of 40 "Supportive sServices" includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Target pPopulation". means persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code. 17.63G.030 - Requirements. A. This chapter shall only apply to a supportive housing development of no more than 50 units that meets the requirements of this chapter. B. Units within the development are subject to a recorded affordability restriction for fifty-five years. The city shall record an affordability restriction against the property which restricts the units to lower income households for a period of fifty-five years. The applicant shall be required to sign all necessary documents. C. One hundred percent of the units, excluding the manager unit(s). within the development are dedicated to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Rents shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. D. At least twenty-five percent of the units in the development or twelve units. whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units. then one hundred percent of the units, excluding manager unit(s). in the development shall be restricted to residents in supportive housing. A-E. Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts: 1. For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services. 2. For a development with more than twenty units, at least three percent of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices. computer rooms, and community kitchens. 3. The total floor area dedicated to administrative office space shall not exceed twenty-five percent of total floor area. Attachment 2 Page 38 of 40 F. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in California Government Code section 65915(c)(3). G. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop. a sink, and a refrigerator. H. The development shall be required to comply with the objective development standards and policies that apply to other multifamily developments within the same zone. 17.63G.040 - Applicationlprocessing. A. The standard application for the housing development project shall be supplemented with the following information: 1. The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided on site to the residents in the project: 2. The name of the proposed entity or entities that will provide supportive services: 3. The proposed funding source(s) for the provided on-site supportive services: 4. Proposed staffing levels by shift; 5. The number of units that are restricted to residents who meet criteria of the target population; 6. The amount of nonresidential floor area that shall be used for on- site supportive services: 7. An identification of the number of manager units that will be provided: and 8. An identification of the number of rental dwelling units on site, or units that have been vacated in the five-year period preceding the application. which are subject to a recorded covenant. ordinance, or law that restricts rents to levels affordable to persons of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by lower or very low income households. B. An application shall be reviewed for completeness within 30 days of receipt. The application shall be acted on within 60 days after the application is complete for a project with 50 or fewer units. Attachment 2 Page 39 of 40 C. The application for a supportive housing project that complies with all applicable requirements, including the requirement for replacement housing, shall be ministerially approved by the Planning Director. 17.6G3.050 - Parking requirements. The following parking requirements shall apply: A. Parking shall be required at the rate of one space per unit. However, no minimum parking requirement shall apply for the units occupied by supportive housing residents if the development is within one-half mile of a public transit stop. B. AI minimum of one parking space shall be provided for each manager unit(s). AC. Parking at the rate of one space for every employee on the largest shift. Attachment 2 Page 40 of 40 CITY OF BLYTHE */ Blythe CITY COUNCIL MEETING aun EHED STAFF REPORT MEETING DATE: March 11, 2025 SUBJECT: Ordinance No. 937-25 = Rezoning Two Parcels and Adding a New Section 17.27.050 to Title 17 (Zoning) of the Blythe Municipal Code Waiving the Art in Public Places Impact Fee on Affordable Housing and Special Needs Housing PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Brittany Roberto, City Attorey RECOMMENDATION: It is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding Ordinance No. 937-25: ORDINANCE NO. 937-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELSAND. ADDINGANEW, SECTION 17.27.050 (WAIVER OF FEE) TO CHAPTER 17.27 (ARTS IN PUBLIC PLACES PROGRAM) OF DIVISION II (DEVELOPMENT AND PERFORMANCE STANDARDS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE WAIVING THE ART IN PUBLIC PLACES IMPACT FEE ON AFFORDABLE HOUSING AND SPECIAL NEEDS HOUSING The Ordinance implements programs required by the City's Housing Element and will not result in any development or activity with the potential to impact 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. FISCAL MIPACT: None. BACKGROUND: On August 13, 2024, the City Council adopted the City's 6th Cycle Housing Element for the. 2021-2029 period, which was officially approved by the California Department of Housing and Community Development (HCD) on August 29, 2024. As part of the Housing Element, the City committed to programs which require that changes be made to the Zoning Code, which is set forth in Title 17 oft the Blythe Municipal Code. STAFF REPORT: This is the third in a series of ordinances addressing changes required by the Housing Element. The proposed ordinance implements changes outlined in Program 1.A.4 and Program 2.A.3 ofthe Housing Element. In Program 1.A.4, the City committed to amending the Zoning Code to require by-right approval ofhousing development that includes 20 percent ofthe units as housing affordablet to lower income households, applicable to sites being used to meet the 6th Cycle Regional Housing Needs Assessment (RHNA) that represent a "reuse" of sites previously identified in the 4th and 5th Cycles Housing Element. As part ofi implementing this program, the proposed ordinance rezones two parcels, APNs 845030002 and 845030003, by adding a Housing Element Overlay (HEO) to each parcel. Ordinance No. 935-25, which was presented to the City Council, acting as the Planning Agency, on February 11, 2025 and is being presented for introduction at the March 11, 2025 Council meeting, also implements Program 1.A.4 by adding a HEO zone which allows affordable developments by right and adding regulations in Section 17.08.020 that apply to sites designated as HEO. In Program 2.A.3, the City committed to encouraging the development of housing for extremely low-, very low-, low-, and moderate-income households and for all special needs households through a variety of activities, including, but not limited to, waiving the Art in Public Places development impact fee which is applied to residential development of five or more lots or on five or more acres. To implement the portion of this program relating to waiving the Art in Public Places fee, the proposed ordinance adds a new Section 17.27.050 to the Zoning Code, which provides that the Art in Public Places fee will not be imposed on any housing project that includes affordable housing at a moderate income level or below or any special needs housing. The City committed to additional amendments to the Zoning Code. Staff will present those proposed amendments to the Council at future meetings. Therefore, it is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance No. 937-25. ATTACHMENTS: 1. Ordinance No. 937-25 ORDINANCE NO. 937-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELS AND ADDING A NEW SECTION 17.27.050 (WAIVER OF FEE) TO CHAPTER 17.27 (ARTS IN PUBLIC PLACES PROGRAM) OF DIVISION III DEVELOPMENT AND PERFORMANCE STANDARDS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE WAIVING THE ART IN PUBLIC PLACES IMPACT FEE ON AFFORDABLE HOUSING AND SPECIAL NEEDS HOUSING WHEREAS, on August 13, 2024, the City Council adopted the City's 6th Cycle 2021-2029 Housing Element ("Housing Element"); and WHEREAS, the Housing Element includes a number of programs which require the City to make changes to its Zoning Code; and WHEREAS, on March 11, 2025, 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 2025, 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 WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The foregoing recitals are true and correct. B. The changes to Title 17 of the Blythe Municipal Code are consistent with the City's General Plan. More specifically, these changes implement changes required by the Housing Element. SECTION 2. Rezoning of Properties. The properties set forth in the table below shall be rezoned as indicated in the table and as shown in Exhibit. A, and the Zoning Map of the City of Blythe shall be amended accordingly: Ordinance No. 937-25 Page 1 of 3 APN OLD ZONING NEW ZONING 845030002 High-Density Residential (R-H) High-Density Residential (R-H)/HEO 845030003 High-Density Residential (R-H) High-Density Residential (R-H)/HEO SECTION 3. Amendment to Chapter 17.27. Chapter 17.27 (Arts in Public Places Program) of Division III (Development and Performance Standards) of Title 17 (Zoning) of the Blythe Municipal Code is hereby by amended to add a new Section 17.27.050 to read as follows: 17.27.050 - Waiver of fee. The art in public places fee authorized by this chapter shall not be imposed on: A. Any housing project that includes affordable housing at a moderate income level or below. For purposes of this subsection, an affordable housing project is one that meets the requirements for a density bonus project under California Government Code section 65915. B. Any special needs housing, including, but not limited to, housing for the elderly, homeless, farmworkers, and persons with disabilities. SECTION 4. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance implements programs required by the City's Housing Element and will not result in any development or activity with the potential to impact 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 5. 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 6. Severability. If 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. SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. Ordinance No. 937-25 Page 2 of 3 SECTION 8. 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. PASSED, APPROVED AND ADOPTED this day of 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 937-25 Page 3 of 3 Existing Zoning: High-Density Residential (R-H) EXHIBIT A New Zoning: High-Density Residential (R-H)/HEO 390 400 380 378 340 M 535 401 W Barnard SB WG Barnard St WBarnard 450 200 500 NEW BUSINESS CITY OF BLYTHE Blythe CITY COUNCIL MEETING - 2 STAFF REPORT MEETING DATE: March 11, 2025 SUBJECT: Ordinançe No. 938-25 Amending Provisions ofChapter! 2.65 (Purchasing System) of Title 2 (Administration and Personnel) of the Blythe Municipal Code Relating to Bidding Thresholds and Purchasing Authority, Amendment Authority, Bidding Exemptions, and Surplus Property PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance Brittany Roberto, City Attorney RECOMMENDATION: Itis recommended the City Council introduce Ordinance No. 938- 25: ORDINANCE NO. 938-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.65 (PURCHASING SYSTEM) OF TITLE 2 ADMINISTRATIONAND PERSONNEL) OF THE BLYTHEMUNICIPAL CODE. RELATING TO BIDDING THRESHOLDS. AND PURCHASINGAUTHORITIAMENDMENTAUTHORIT), EIDDINGEXEMPTIONS: AND SURPLUS PROPERTY The Ordinance is 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. FISCAL IMPACT: None. BACKGROUND: In June 2021, the City adopted Ordinance No. 905-21 to repeal and replace Chapter 2.65 ofthe Blythe Municipal Code (BMC) relating to the purchasing system and to add a new Chapter 2.66 relating to contracting for public works projects. The revisions were adopted to put policies and procedures in place that would govern general purchases and public works projects, separately, with provisions relating to general purchases set forth in Chapter 2.65 of the BMC and provisions relating to public works projects set forth in Chapter 2.66 of the BMC. The revisions were intended to streamline workflow and increase efficiency, while providing some uniformity between the City's policies and procedures that govern general purchases and those that govern public works projects. In April 2023, the City Council adopted Ordinance No. 921-23, adding a new Section 2.65.140 to Chapter 2.65 of the BMC relating to the sale and disposition of surplus supplies and equipment. STAFF REPORT: To develop purchasing guidelines as it relates to public works projects set forth in Chapter 2.66 ofthe BMC, the City established bidding limits pursuant to limits set by law within Section 22032 of the Public Contract Code (PCC), which is part of the California Uniform Public Construction Cost Accounting Act. Tok keep uniformity in provisions relating to general purchases set forth in Chapter 2.65 ofthe BMC with those provisions relating to public works projects, the City adopted spending authority and policies and procedures governing its general purchases based on the bidding limits set by the PCC for public works projects. In January 2025, the bidding limits set forth in the PCC were increased, allowing projects of $75,000 or less to be performed by employees of the agency, by negotiated contract, or by purchase order, and projects of $220,000 or less to be let to contract by informal bidding procedures. The current proposed revisions would keep uniformity in provisions by amending the bidding limits and spending authority on general purchases to align with the changes to the PCC for public works projects. The current and proposed signing authorities for general purchases are summarized below: Value ofContractPurchase Order Value of Contract/Purchase Who Has Authority to Current Order - Proposed Approve/Execut? Less than $15,000 $15,000 or less Purchasing Agent or City Manager Less than $60,000 $75,000 or less City Manager $60,000 or more $75,000.01 or more City Council Additional proposed revisions relate to purchase of City vehicles, amendment authority, exemptions from competitive bidding requirements, and the transfer of surplus property to government agencies or civic or charitable organizations. Purchase of Vehicles Typically, the purchases ofvehicles for the City's fleet exceed the City Manager's purchasing authority and require prior approval from the Council before an order can be placed. In recent years, the City has experienced difficulties obtaining vehicles for its fleet in a timely manner, including significant lead times from ordering to delivery of such vehicles. To expedite the process, staff is recommending and proposing that the Council amend the City Manager's purchasing authority to allow the City Manager to purchase any City vehicle, regardless of cost, provided the purchase complies with the requirements ofChapter 2.65. Requirements ofChapter 2.65: include, but are: not limited to, the City Council having previously made an appropriation of funds for the purchase and compliance with applicable bidding requirements. Amendment Authority Chapter 2.65 does not currently address the authority of the Purchasing Agent or the City Manager to approve amendments to contracts and change orders. Staff is recommending and proposing that the Council amend Chapter 2.65 to provide such authority. For contracts and purchase orders approved at the Purchasing Agent or City Managerl level, amendments would be limited to their overall purchasing authority. For contracts and purchase orders approved by Council, the City Manager would have authority to approve any amendment that results in a total contract price that does not exceed 10 percent of the original contract price, or such greater amount as authorized by the Council at the time it approves the contract or purchase order. Exemptions from Competitive Bidding Requirements Section 2.65.070 of Chapter 2.65 sets forth various exemptions from the competitive bidding requirements set forth in Chapter 2.65. Chapter 8.28 oft the BMC outlines the procedures for abating public nuisances, including authorizing the City or its contractor to abate a public nuisance if the property owner fails to do SO within the time prescribed by the City's hearing officer after a hearing and declaration ofpublic nuisance. Complying with competitive bidding requirements often delays the ability ofthe City to move forward with abating declared public nuisances, as the process typically takes a few months. To enable the Cityt to move forward with the abatement of declared public nuisances in a more efficient manner, staff is recommending and proposing that the Council amend Section 2.65.070 to provide an exemption for contracts for nuisance abatement services. Surplus Property Section 2.65.140.B ofthe BMC currently allows the Purchasing Agent, with the approval ofthe City Manager, to cause the sale or disposition of surplus property in the open market by public auction, through electronic auctions or sales including internet-based marketplaces, by consignment, by competitive sealed bids, by negotiated sale, or by exchange or trade: in for new goods. Staff is recommending and proposing to amend Section 2.65.140.B to allow the Purchasing Agent to transfer surplus property to another governmental agency or to a civic, charitable or educational institution by negotiated sale or exchange. To summarize, the proposed changes to Chapter 2.65 include: Amending bidding limits by requiring informal bidding procedures for purchases estimated at between $5,000.01 and $75,000 and requiring formal bidding procedures for purchases estimated at more than $75,000. Increasing the limit for the bidding advantage provided to local vendors to purchases of up to $75,000. Increasing the City Manager's purchasing authority to purchases valued at $75,000 or less. Providing the City Manager authority to purchase vehicles, regardless of cost, provided such purchase complies with all other provisions of Chapter 2.65. Adding express contract and purchase order amendment authority, including authority for the City Manager to approve amendments of up to 10 percent of the amount authorized by the Council. Adding an exemption from competitive bidding requirements for contracts for nuisance abatement services. Amending the provisions relating to sale and disposition ofsurplus property to allow the Purchasing Agent to transfer surplus property to a governmental agency or a civic, charitable or educational institution by negotiated sale or exchange. Therefore, staff recommends that the City Council introduce Ordinance No. 938-25. ATTACHMENTS: 1. Ordinance No. 938-25 2. Track Changes Version of Proposed Revisions to Provisions of Chapter 2.65 ORDINANCE NO. 938-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.65 (PURCHASING SYSTEM) OF TITLE 2 ADMINISTRATION AND PERSONNEL) OF THE BLYTHE MUNICIPAL CODE RELATING TO BIDDING THRESHOLDS AND PURCHASING AUTHORITY, AMENDMENT AUTHORITY, BIDDING EXEMPTIONS, AND SURPLUS PROPERTY The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, pursuant to California Government Code sections 54201 through 54203, local agencies are required to adopt, by ordinance, policies and procedures, including bidding regulations, governing the purchases of supplies and equipment by the local agency; and WHEREAS, the City adopted such policies and procedures via Ordinance No. 773- 01 in 2001, and most recently revised such policies and procedures via Ordinance No. 905-21 in 2021; and WHEREAS, the policies and procedures are codified in Chapter 2.65 (Purchasing System) of Title 2 (Administration and Personnel) of the Blythe Municipal Code; and WHEREAS, in 2023, the City Council amended Chapter 2.65 to adopt policies and procedures relating to the sale and disposition of surplus property; and WHEREAS, the bidding thresholds and contract approval requirements set forth in Chapter 2.65 are intended to align with the thresholds for public projects as set forth in California Public Contract Code section 22032 and Chapter 2.66 of the Blythe Municipal Code; and WHEREAS, effective January 1, 2025, the bidding thresholds set forth in Public Contract Code section 22032 increased to allow projects of $75,000 or less to be performed by employees of the agency, by negotiated contract, or by purchase order, and projects of $220,000 or less to be let to contract by informal bidding procedures; and WHEREAS, purchases of vehicles for the City's fleet typically exceed the City Manager's purchasing authority and require prior approval from the City Council before an order can be placed; and WHEREAS, in recent years, the City has experienced difficulties obtaining vehicles for the City's fleet in a timely manner, including significant lead times from ordering to delivery of such vehicles; and Ordinance No. 938-25 Page 1 of 6 WHEREAS, in order to expedite the process, staff has recommended that the City Council amend the City Manager's purchasing authority to allow the City Manager to purchase any City vehicle, regardless of cost, provided the purchase complies with the requirements of Chapter 2.65, which include, but are not limited to, the City Council having previously made an appropriation of funds for the purchase and compliance with applicable bidding requirements; and WHEREAS, Chapter 2.65 does not currently address the authority of the Purchasing Agent or the City Manager to approve amendments to contracts and change orders; and WHEREAS, staff has recommended that the City Council amend Chapter 2.65 to provide such authority; and WHEREAS, Section 2.65.070 sets forth various exemptions from the competitive bidding requirements set forth in Chapter 2.65; and WHEREAS, Chapter 8.28 of the Blythe Municipal Code outlines the procedures for abating public nuisances, including authorizing the City or its contractor to abate a public nuisance if the property owner fails to do sO within the time prescribed by the City's hearing officer after a hearing and declaration of public nuisance; and WHEREAS, staff has recommended that the City Council amend Section 2.65.070 to provide an exemption for nuisance abatement services; and WHEREAS, staff has recommended that the City Council amend Section 2.65.140 to provide authority for the Purchasing Agent to transfer surplus property to another governmental agency, or a civic, charitable, or educational institution by negotiated sale or exchange; and WHEREAS, the City Council desires to amend Chapter 2.65 as set forth herein to increase bidding thresholds and contract approval requirements and to address staff's recommendations as set forth herein; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS: 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 Section 2.65.060. Subsection B of Section 2.65.060 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: Ordinance No. 938-25 Page 2 of 6 B. Solicitation Procedures. 1. Small Purchase Procedures. Purchases of supplies, materials, services, and equipment estimated in value of five thousand dollars or less may be made without informal bids or quotes, subject, however, to fair, just and equitable terms and conditions of purchase. 2. Informal Bidding Procedures. Purchases of supplies, materials, services, and equipment estimated in value to be between five thousand dollars and one cent and seventy-five thousand dollars may be made in accordance with the informal bidding procedures set forth in this chapter. 3. Formal Bidding Procedures. Purchases of supplies, materials, services, and equipment estimated in value to be more than seventy-five thousand dollars shall be made in accordance with the formal bidding procedures set forth in this chapter. SECTION 3. Amendment to Section 2.65.060. Subsection E of Section 2.65.060 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: E. Purchase Order and Contract Approval Requirements. 1. The purchasing agent shall have the authority to bind the city by written contract or purchase order for any purchase involving an expenditure of fifteen thousand dollars or less. 2. The city manager shall have the authority to bind the city by written contract or purchase order for: a. any purchase involving an expenditure of seventy-five thousand dollars or less; and b. the purchase of any city vehicle, regardless of cost, provided such purchase complies with the requirements of this chapter. 3. Except as otherwise set forth in this section, city council authorization shall be required for any purchase or contract involving an expenditure of more than seventy-five thousand dollars. SECTION 4. Amendment to Section 2.65.060. Section 2.65.060 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to add a new subsection F to read as follows: F. Amendments to Purchase Orders and Contracts. Amendments to purchase orders and/or contracts may be approved as follows: Ordinance No. 938-25 Page 3 of 6 1. If the contract or purchase order was initially approved by the purchasing agent, the purchasing agent shall have the authority to approve amendments to such contracts and purchase orders that result in a total contract price that does not exceed the purchasing agent's contract approval authority as set forth in subsection E.1 of this section. 2. Ift the contract or purchase order was initially approved by the city manager, the city manager shall have the authority to approve amendments to such contracts and purchase orders that result in a total contract price that does not exceed the city manager's contract approval authority as set forth in subsection E.2 of this section. 3. If the contract or purchase order was initially approved by the city council, the city manager shall have the authority to approve any amendment that results in a total contract price that does not exceed ten percent of the original contract price, or such greater amount as may be authorized by the city council at the time it approves the contract or purchase order. 4. If an amendment or the aggregate sum of all amendments will exceed ten percent of the original contract price or such amount as was authorized by the city council at the time the city council approved the contract or purchase order, city council approval shall be required. SECTION 5. Amendment to Section 2.65.070. Section 2.65.070 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to add a new subsection J to read as follows: J. Contracts for nuisance abatement services. SECTION 6. Amendment to Section 2.65.080. The first paragraph of Section 2.65.080 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: Except as otherwise set forth in this chapter, purchases of materials, supplies, equipment, and services involving an expenditure of seventy-five thousand dollars or less may be made in accordance with informal bidding procedures as follows without observing the formal bidding procedures set forth in this chapter: SECTION 7. Amendment to Section 2.65.090. The first paragraph of Section 2.65.090 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: Except as otherwise set forth in this chapter, purchases of materials, supplies, equipment, and services involving an expenditure of more than seventy-five thousand dollars shall be made in accordance with the following formal bidding procedures: Ordinance No. 938-25 Page 4 of 6 SECTION 8. Amendment to Section 2.65.110. Subsection A of Section 2.65.110 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: A. For purchases of materials, supplies, equipment and services involving the expenditure of up to seventy-five thousand dollars, the city shall extend a bidding advantage to Blythe vendors in the form of five percent in the evaluation of bids, proposals, or quotes when the city purchases materials, supplies, equipment, or services. A "Blythe vendor" is a business entity with one or more fixed locations and/or locally taxable distribution points within the boundaries of the City of Blythe which holds a current and valid city business license with a Blythe street address. SECTION 9. Amendment to Section 2.65.140. Subsection B of Section 2.65.140 of Chapter 2.65 of the Blythe Municipal Code is hereby amended to read as follows: B. With the approval of the city manager, the purchasing agent may cause the sale or disposition of surplus property in the open market by public auction, through electronic auctions or sales including internet-based marketplaces, by consignment, by competitive sealed bids, by negotiated sale, or by exchange or trade in for new goods. The purchasing agent may also transfer any surplus property to another governmental agency, or a civic, charitable or educational institution by negotiated sale or exchange. The purchasing agent shall select the method of sale or disposition that is in the best interest of the city. City council approval shall be required if the surplus property to be sold, exchanged, or traded in has an estimated value of more than the amount established as the city manager's contract approval authority. SECTION 10. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. SECTION 11. 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 12. Severability. If 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. Ordinance No. 938-25 Page 5 of 6 SECTION 13. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 14. 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. PASSED, APPROVED AND ADOPTED this day of 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 938-25 Page 6 of 6 ORDINANCE NO. 938-25 - CHANGES TO PROVISIONS OF CHAPTER 2.65 (Changes Denoted in Underline and Strikethrough) 2.65.060 - Contracting procedures. A. Contracts and purchases subject to council appropriation and allocation of program or contract funds. All purchases and contracts authorized by the city council, city manager, or purchasing agent shall be subject to the prior appropriation and allocation of funds by the city council for the city programs, activities, functions or operations which the purchase of any materials, supplies, services, equipment, or combination thereof are intended to support. B. Solicitation Procedures. 1. Small Purchase Procedures. Purchases of supplies, materials, services, and equipment estimated in value of upto-five thousand dollars or less may be made without informal bids or quotes, subject, however, to fair, just and equitable terms and conditions of purchase. 2. Informal Bidding Procedures. Purchases of supplies, materials, services, and equipment estimated in value to be between five thousand dollars_ and one cent and seventy-fivesixly thousand dollars may be made in accordance with the informal bidding procedures set forth in this chapter. 3. Formal Bidding Procedures. Purchases of supplies, materials, services, and equipment estimated in value to be more than seventy-fivesixly thousand dollars OF mere shall be made in accordance with the formal bidding procedures set forth in this chapter. C. Professional Services. In procuring professional services, all city departments and agencies shall comply with the provisions of Sections 4526 through 4529.5 and Section 37103 of the California Government Code, the city's purchasing manual, and other policies adopted by resolution of city council. All persons or entities to render professional services to the city shall render such services pursuant to a professional services agreement in a form approved by the city attorney. D. Purchase Orders, Contracts, Petty Cash. 1. Purchase orders shall be used for all purchases of materials, supplies, services, and equipment. The purchase order shall incorporate by reference all relevant agreements, including, but not limited to, the city's professional services agreement, negotiated agreements, vender agreements and exhibits, attachments, addendums and other supporting documentation that, together, constitute the entire agreement. 2. All purchases and contracts for materials, supplies, services, equipment or combination thereof shall be in writing, in a format approved by the purchasing agent or city attorney. 3. The purchasing agent shall prescribe control procedures for the use of petty cash funds or city issued credit cards without prior use of purchase orders or contracts in the purchasing manual prepared pursuant to this chapter. E. Purchase Order and Contract Approval Requirements. 1. The purchasing agent shall have the authority to bind the city by written contract or purchase order for any purchase involving an expenditure of lessthan-fifteen thousand dollars or less. 2. The city manager shall have the authority to bind the city by written contract or purchase order for; a. any purchase involving an expenditure of RBEIMaRENAysevenNp-ve thousand dollars or less; and b. the purchase of any city vehicle, regardless of cost, provided such purchase complies with the requirements of this chapter. 2.3. Except as otherwise set forth in this section, CGity council authorization shall be required for any purchase or contract involving an expenditure of more than seventy- fiveeiwly-.thousand dollars-or-mere. F. Amendments to Purchase Orders and Contracts. Amendments to purchase orders and/or contracts may be approved as follows: 1. If the contract or purchase order was initially approved by the purchasing agent, the purchasing agent shall have the authority to approve amendments to such contracts and purchase orders that result in a total contract price that does not exceed the purchasing agent's contract approval authority as set forth in subsection E.1 of this section. 2. If the contract or purchase order was initially approved by the city manager, the city manager shall have the authority to approve amendments to such contracts and purchase orders that result in a total contract price that does not exceed the city manager's contract approval authority as set forth in subsection E.2 of this section. 3. If the contract or purchase order was initially approved by the city council, the city manager shall have the authority to approve any amendment that results in a total contract price that does not exceed ten percent of the original contract price. or such greater amount as may be authorized by the city council at the time it approves the contract or purchase order. If an amendment or the aggregate sum of all amendments will exceed ten percent of the original contract price or such amount as was authorized by the city council at the time the city council approved the contract or purchase order. city council approval shall be required. 2,65.070 - Exceptions to competitive bidding requirements. The following are exempt from the informal and formal competitive procurement requirements of this chapter. The purchases permitted under this section shall be subject to fair, just and equitable contract conditions. J. Contracts for nuisance abatement services. 2.65.080 - Informal bidding procedure. Except as otherwise set forthprevided in this chapter, purchases of materials, supplies, equipment, and services involving an expenditure of lesethansevent-fvehey thousand dollars or less may be made in accordance with informal bidding procedures as follows without observing the formal bidding procedures set forth in this chapter: 2.65.090 - Formal bidding procedure. Except as otherwise set forth in this chapter, purchases of materials, supplies, equipment, and services involving an expenditure of more than seventy-fivesixly thousand dollars or-more-shall be made in accordance with the following formal bidding procedures: 2.65.110 - Local vendor preference. A. For purchases of materials, supplies, equipment and services involving the expenditure of up to eixty-seventy-five thousand dollars, the city shall extend a bidding advantage to Blythe vendors in the form of five percent in the evaluation of bids, proposals, or quotes when the city purchases materials, supplies, equipment, or services. A Blythe vendor" is a business entity with one or more fixed locations and/or locally taxable distribution points within the boundaries of the City of Blythe which holds a current and valid city business license with a Blythe street address. 2.65.140 - Surplus equipment and supplies. B. With the approval of the city manager, the purchasing agent may cause the sale or disposition of surplus property in the open market by public auction, through electronic auctions or sales including internet-based market-places, by consignment, by competitive sealed bids, by negotiated sale, or by exchange or trade in for new goods. The purchasing agent may also transfer any surplus property to another governmental agency, or a civic. charitable or educationall institution by negotiated sale or exchange. The purchasing agent shall select the method of sale or disposition that is in the best interest of the city. City council approval shall be required if the surplus property to be sold, exchanged, or traded in has an estimated value of more than the amount established as the city manager's contract approval authority. - CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT THED MIEETING DATE: March 11, 2025 SUBJECT: Agreement for Abatement Services at 495 N. Main Street PRESENTED BY: Jason Brown, Chief Building Official PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council authorize the Interim City Manager to enter into an agreement with R&L Watkins, Inc. for the abatement of495 N. Main Street in an amount not to exceed $96,000; authorize $10,000 for project contingencies; set a project budget of$106,000; authorize the Interim City Manager to execute any amendments to the agreement within the project budget and authorize the Interim City Manager to take any related actions necessary to abate this site. FISCAL IMPACT: $106,000 in funds allocated to thel Development Services Department in the FY 2024/25 Budget. BACKGROUND: The property at 495 N. Main Street has been a nuisance for years, with multiple active Code Enforcement cases on the property. Numerous fires have also occurred on the property, causing further damage and adding to the nuisance condition. Code Enforcement worked to contact the property owner to bring the property into compliance, to no avail. As the property further deteriorated, contributing to the nuisance conditions, staff took the necessary steps required by Chapter 8.28 of the Blythe Municipal Code to abate the nuisance conditions, including noticing and conducting a nuisance abatement hearing before a hearing officer. Following the hearing, the hearing officer made a finding that the property conditions constitute a public nuisance and ordered the property owner to abate the nuisance conditions within 14 days. The property owner failed to do SO. As authorized by Chapter 8.28, if a declared nuisance is not completely abated within the time prescribed in the hearing officer's order prior, the City's enforcement official is authorized and directed to abate the nuisance by City forces or by contract in accordance with the United States Constitution and other applicable provisions oflaw. In order to move forward with the abatement ofthe nuisance conditions, the City, through the City Attorney's Office, must first obtain an abatement warrant from the Court. STAFF REPORT: In anticipation ofreceiving an abatement warrant from the Court to abate this property, the City released a Request forl Proposals fori the Demolition and Abatement of495 N. Main Street. Sealed proposals were due by 2:00pm on Thursday, February 27, 2025. The following bids were received: R&L Watkins, Inc. $96,000 UBD, Inc. $97,777 A third proposal received after the deadline was not considered as it was untimely. Based on staff's s evaluation of the proposals received, which included a review of completeness of the proposals, consideration ofexperience and qualifications ofproposers, capacity to perform and proposed cost, staff recommends that Council award the agreement to R&L Watkins, Inc. City staff reviewed R&L Watkins, Inc.'s project work history, references, and construction license. R&L Watkins, Inc.'s license: is current and in good standing with the State ofCalifornia. R&L Watkins, Inc. has completed several other demolition and abatement projects fort the City to the satisfaction of the City. As noted above and detailed in the Request for Proposals, this project is contingent upon receiving an abatement warrant from the Court. Due to the limited time prescribed by statute to complete these abatement projects (14 calendar days, unless the Court grants an extension), staff would like to have a contractor in place prior to going to Court to obtain the warrant. Once the project is awarded by the Council and an agreement is executed by the Interim CityManager and approved as to form by the City Attorney, the City Attorney's Office will proceed to apply for the warrant from the Court. Once the warrant is in hand, the demolition work will commence. Therefore, it is recommended Council authorize the Interim City Manager to enter into an agreement with R&L Watkins, Inc. for the abatement of495 N. Main Street in an amount not to exceed $96,000; authorize $10,000 for project contingencies; set a project budget of$106,000; authorize the Interim City Manager to execute any amendments to the agreement within the project budget and authorize the Interim City Manager to take any related actions necessary to abate this site. ATTACHMENTS: 1. Proposal Submitted by R&L Watkins, Inc. 2. Abatement Services Agreement CITY OF BLYTHE DEMOLITION AND ABATEMENT 495 N. MAIN STREET BLYTHE, CA 92225 PROPOSAL BY R&L WATKINS, INC. FEBRUARY 25, 2025 R&L Watkins, Inc. Lic 933917 PO Box 1756 Blythe, Ca 92226 760-285-1024 10tows@frontier.com February 26, 2025 City of Blythe Mallory Crecelius, City Clerk 235 N. Broadway Blythe, Ca 92225 Dear Mrs. Crecelius; Enclosed is our bid package for the City's Demolition and Abatement Project for 495 N. Main Street in Blythe. As an abatement warrant project, we are aware of the timelines that may be imposed by the Superior Court for an efficient and timely completion. An electronic version of this package is included in the attached flash drive. The outlined Scope of Services is consistent with other projects we have completed for the City of Blythe and others including asbestos removal, securing utilities, appropriate debris disposal, sewer capping, and all other requirements. We have included all requested documents herein for the proposal: 1. This cover letter 2. Project Summary (Items 2, 3, 5, 6, 7 are Ex B) 3. Methodology 4. Fee Proposal (Att B) 5. Excluded and Subcontracted Services 6. List of similar projects 7. References 8. Signed Addendums 9. GSA Verification 10. Licensing and Insurance 11. Contractor's Bid (included in Ex B and as Att B) 12. Vendor Application Form (Att C) This proposal accepts all stipulations and terms included in the Sample Agreement (Att D) and the requirement to furnish all labor, materials, machinery, tools and equipment required to perform the scope of serviçes as outlined In the RFP. This proposal is valid for 120 days from the date ofsubmission. lwil! be the primary contact for this project, and I may be contacted at the phone number and email listed above. We appreciate the opportunity to assist the City and our citizens in the continued effort to clear our community of blighted properties. Please let us know if you or any of the City representatives have any questions regarding our proposal. Sincerely, Kecc Bak M Leslie Jessop-Watins President R&L Watkins, Inc. Lic 933917 PO Box 1756 Blythe, Ca 92226 760-285-1024 10tows@frontier.com City of Blythe Demolition and Abatement Project for 495 N. Main Street EXHIBIT B 8.2 and 8.3 PROJECT SUMMARY AND METHODOLOGY R&L Watkins, Inc. (R&L) and Brickley Environmental, Inc. (Brickley) employ a Safety First project site using only trained and licensed persons with maintained machinery to complete asbestos and lead based paint removals, demolition and site clearance. All project characteristics are thoroughly reviewed prior to mobilization to confirm the resources needed and any safety issues that could arise. The site at 495 N. Main Street in Blythe is a burned commercial building requiring utmost care within the required regulations for an asbestos laden site with 3% asbestos containing material throughout in the drywall joints and seams. The required Underground Service Alert (Dig-Alert) will be completed as soon as we are notified of the warrant being signed, affording us the ability to clear and secure all utilities. This project includes the asbestos removal, demolition and site clearance of the blighted property that burned a couple ofy years ago, causing much concern for the City and our citizens. This is especially important due to the site proximity to Todd Park, the local nursing facility, the local transit agency, and the sidewalks our youth traverse to and from schools. The property is an attractant to our homeless population and this will be part of our pre-project clearance with the assistance of Blythe Police Department. Brickley Environmental will mobilize to the project for the clearance of approximately 180 cubic yards of asbestos containing material. Brickley is a premiere environmental contractor that we have worked with since 2008 on all R&L projects. Because the project site has a large pile of debris with the asbestos containing material mixed throughout, Brickley will remove the entire interior debris field on the 495 N. Main site to conform to air quality and disposal requirements. While this has substantially increased the project cost, the methodology is prudent to fulfill the asbestos removal requirements in a mixed debris field. R&L will mobilize in conjunction with Brickley. R&L will provide project oversight and complete concurrent tasks on the exterior of the property and the second phase, which is clearance of the remaining debris, exterior walls, and all other items to complete a satisfactory site clearance. The sewer main will be capped within 5 feet of the property line. The proposed project timeline is below with a Monday-Friday (7am-5pm) work schedule: TIMELINE TASK Award of Review Scope and Contract with City representative, Review Abatement Contract to Warrant, Provide any final documentation to City, Mark property and send Day 4 Dig-Alert (minimum 72 hour waiting period required), Schedule Brickley, Notify MAQMD, Schedule CRR, Apply for Demolition Permit, remove fencing Day! 5 Schedule utility removal activities Day 7 Mobilization Day 8-12 Asbestos removal, demolition activities, site clearance Day 10 Sewer cap, Schedule Final Inspection Day 12-14 Fine debris pickup, Final grading, Final Inspection, Demobilize The only outliers to the timeline are the processing time of the MAQMD notification and the availability of bins and delivery times from CRR. We do not expect any delays, but the outliers can affect operations and timing. Any potential or realized delays will immediately be communicated to the City's representative. 8.4 FEE PROPOSAL Please see Attachment B 8.5. EXCLUDED OR SUBCONTRACTOR SERVICES Brickley Environmental will be subcontracted for the dentified asbestos removal at 495 N. Main. Brickley is represented by their Vice President/General Manager Tim Brickley. Their office is located in San Bernardino, Ca. Brickley has been serving Southern California with environmental services for over 40 years, providing licensed, trained and experienced technicians to government, commercial and residential customers. R&L has worked with Brickley since 2008 when Palo Verde, Ca was declared a local disaster and they were contracted by the State of California Department of Toxic Substances Control for the environmental aspects of the cleanup and recovery. Brickley is consistently recognized by government entities including the California Legislature for their exceptional work. CR&R Incorporated (CR&R) is the City's franchise waste hauler and will be subcontracted for this project. With a local operation at 14701 S. Broadway in Blythe, CR&R has been in business since 1963. The local representative for our projects is. Julie Padilla. R&L Watkins, Inc. has worked exclusively with CR&R (previously Palo Verde Disposal) since 2008, and their staff provides excellent service to us during projects. CR&R provides debris hauling to the local landfill, facilitates metal recycling, and is an intake center for appliances from our demolition and site clearance projects. The communications between our firm and theirs is exceptional. The only service our proposal is asking the City to assist with is the location of the sewer line and any laterals in the area per the Dig-Alert request. 8.6 and 8.7 LIST OF SIMILAR SERVICES AND REFERENCES R&L Watkins, Inc. has completed several local projects in the last 3 years in the Palo Verde Valley which are similar to the proposed project. DATE PROJECT CONTACT SERVICES PROVIDED 02/2024 S. Main SFRs City of Blythe Demolition and Site Interim City Manager Mallory clearance of 2 burned and Crecellus abandoned SFRs with 760-922-6161 Ext 1237 asbestos abatement on a MasterfatechoPxhsa court warrant. 235 N. Broadway Blythe, Ca. 92225 10/2023 Carr SFR Fire Jason Carr (phone# withheld for Demolition and Site privacy) asoncar78emsn.com clearance in Mesa Verde 41780 Truckton Rd Rush, CO. 80833 for a burned SFR. 9/2023 Woten SFR Jackie Woten Heine (phone# withheld Demolition and Site for privacy) jackie heine@msn.com clearance in Mesa Verde 17775 Palowalla Rd. for an abandoned SFR. Blythe, Ca. 92225 4/2023 Boon's City of Blythe Demalition and Site Interim City Manager Mallory clearance of abandoned Crecelius restaurant with asbestos 760-922-6161 Ext 1237 abatement on a court Msutterfield@cityofblythe.ca.gov warrant. 235 N. Broadway Blythe, Ca. 92225 2/2023 AZ/CA RR Genesee & Wyoming Company 2 Commercial Demolition Railmaster Luke Marler and Site Clearance projects 602-321-6537 lurasmareregwr.em including asbestos removal 1301 S. California Ave at one. Parker, AZ. 85344 11/2022 Han H.K. Han (phone# withheld for privacy) Demolition and Site 1333 San Gorgonio clearance of burned SFR on Blythe, Ca. 92225 a Code Enforcement case. 11/2022 City - S 5th City of Blythe Demolition and Site Interim City Manager Mallory clearance of burned SFR Crecelius under a court warrant. 760-922-6161 Ext 1237 Msutterfield@cityofblyhe.ca.goy 235 N. Broadway Blythe, Ca. 92225 9/2022 City- City of Blythe Demolition and Site Cottonwood Interim City Manager Mallory clearançe of burned water Crecelius district buildings. 760-922-6161 Ext 1237 Msutterfield@cityofblythe.ca.gov 235 N. Broadway Blythe, Ca. 9ZZZ5 There are. several more projects prior to 2020 but there were not any similar projects completed during the early period ofthe pandemic through late 2022. Each project contact person listed above may be contacted as a reference for the services provided to them or their company. For those whose phone number is not listed, we can provide those verbally to the City representative on request. The attached Fee Schedule (Att B) outlines the subcategories of work to be completed for the contract. The total bid from R&L Watkins, inc. for the City's Demolition and Abatement Project for 495 N. Main Street in Blythe, Ca is $96,000 (Ninety Six Thousand dollars). Respectfully submitted, RC / In Leslie Jessop-Watkins President ATTACHMENT B FEE PROPOSAL CITY OF BLYTHE DEMOLITION AND ABATEMENT OF 495 N. MAIN STREET Bid Description Quantity Unit of Unit Price Total Item Measure 1 MOBILIZATION, LICENSES, CONSTRUCTION STAKING, TAXES, INSURANCE, POTABLE DRINKING WATER, CONSTRUCTION WATER, FREIGHT, TEMPORARY RESTROOM FACILITIES, SITE SEÇURITY, DEMOBILIZATION, CLEAN UP AND OTHER COSTS SPECIFICALLY ADDRESSED WITHIN THIS BID SCHEDULE. 1 LS $9,50 $ 9,500 2 ASBESTOS AND LEAD REMOVAL 1 LS $54,000 $ 57,000 3 HAULING AND DISPOSAL OF ALL DEBRIS 1 LS $/6,000 $ 16,000 4 LABOR- PREVAILING WAGES APPLY 1 LS $9,000 $ 9.000 5 CAPPING SEWER AND SEÇURING UTILITIES 1 LS $a500 $ 2,500 TOTAL BID AMOUNT (ITEMS 1-5) $96000 TOTAL BID AMOUNT IN WORDS: Munks iy Thomaand Dollans 4 Nobo pu 1 Bidder's Initials City of Blythe Request for Proposals City of Blythe Demolition and Abatement of 495 N. Main Street Agreement No. 2025-014 A CITY OF BLYTHE AGREEMENT FOR ABATEMENT SERVICES FOR DEMOLITION AND ABATEMENT OF 495 N. MAIN STREET THIS AGREEMENT FOR ABATEMENT SERVICES ("Agreement), dated March 11, 2025 ("Effective Date"), is made by the CITY OF BLYTHE, a municipal corporation ("City"), and R&L WATKINS, INC., a California corporation "Contractor"). WHEREAS, City requires the abatement services described below under Paragraph 1, Scope of Work (the "Project"); and WHEREAS, City issued a Request for Proposals (RFP) for the Project on January 28, 2025, attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, City issued Addendum No. 1 to the RFP, dated February 12, 2025, attached hereto as Exhibit "B" and incorporated herein; and WHEREAS, Contractor submitted a proposal in response to City's RFP ("Contractor's Proposal"), attached hereto as Exhibit "C" and incorporated herein; and WHEREAS, City has determined that Contractor submitted a responsive proposal and has the necessary qualifications and experience to perform the services; and WHEREAS, City now desires to contract with Contractor to furnish services fori the Project; and WHEREAS, City and Contractor desire to set forth their rights, duties and liabilities in connection with the services to be performed. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows: 1. SCOPE OF WORK. Contractor shall provide the services described in City's RFP, Addendum No. 1 to the RFP, and Contractor's Proposal (the "Work"). The Work shall be performed at 495 N. Main Street. The Project is known as the Demolition and Abatement of 495 N. Main Street Project. 2. CITY'S REPRESENTATIVE The City's Representative is Jason Brown, referred to herein as the "City's Project Manager.' 1 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A 3. CONTRACTORS PROJECT MANAGER: PERSONNEL. (a) Project Manager. Contractor's representative is Leslie Jessop-Watkins, referred to herein as "Contractor's Project Manager. Contractor's Project Manager shall represent Contractor and be its agent in all consultations with the City during the term of this Agreement. Contractor or Contractor's Project Manager shall attend and assist in all coordination meetings called by the City. Any substitution of Contractor's Project Manager must be approved in advance in writing by the City's Project Manager. (b) Personnel. City has the right to review and approve any personnel who are assigned to perform work under this Agreement. Contractor shall remove personnel from performing work under this Agreement if requested to do sO by City. This Paragraph 3 is a material provision of the Agreement. 4. SCHEDULE. All Work shall be performed in accordance with the schedule approved on behalf of City by the Project Manager, and in accordance with the time of performance set forth in Paragraph 10 (Time of Performance). 5. EQUIPMENT - PERFORMANCE OF WORK. Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with this Agreement and all exhibits hereto. The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval. 6. COMPENSATION. City agrees to pay Contractor in accordance with the fee schedule set forth in Contractor's Proposal. Contractor's total compensation shall not exceed Ninety-Six Thousand Dollars ($96,000.00). 7. ADDITIONAL SERVICES. Contractor shall not receive compensation for any services provided outside the scope of services unless such additional services, including change orders, are approved in writing by the City Manager prior to Contractor performing the additional services. It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from City shall be barred and are unenforceable. 2 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A 8. PAYMENTS TO CONTRACTOR. Contractor may invoice the City upon completion of the Work to the City's satisfaction. City will pay Contractor's invoice within thirty (30) days of receipt. 9. PROMPT PAYMENT OF SUBCONTRACTORS. Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its services no later than ten (10) days from Contractor's receipt of payment from City. 10. TIME OF PERFORMANCE. Contractor acknowledges and agrees that the Work shall not commence until City has obtained an abatement warrant from the Riverside County Superior Court (the "Court"). Once the City obtains an abatement warrant, the City will provide Contractor a copy of same and provide Contractor with a Notice to Proceed. Contractor shall commence the Work within one (1) calendar day from receipt of the Notice to Proceed. Contractor shall complete the Work within fourteen (14) calendar days from the date of the abatement warrant unless additional time is granted by the Court. Notwithstanding the foregoing, upon execution of this Agreement, Contractor shall apply for and obtain all necessary permits and coordinate the delivery of bins with CR&R Environmental Services. Contractor shall provide updates to the City regarding the progress of the Work. If Contractor believes Contractor will need additional time beyond the 14 days provided by the abatement warrant, Contractor shall advise City of same at least four (4) days prior to the expiration of the 14-day period. 11. TERMINATION. City may terminate this Agreement at any time, with or without cause, by providing seven (7) days' written notice to Contractor. 12. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which Contractor may be required to do, or respecting any payment to Contractor during the performance of this Agreement, such dispute shall be decided by the City's Project Manager, and his or her decisions shall be final and binding upon Contractor. 13. SUPERINTENDENCE BY CONTRACTOR. At all times during performance of the Work, Contractor shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for Contractor. 3 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A 14. INSPECTION BY CITY. Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work. City shall have the right of access to the premises for inspection at all times. However, City shall, at all times, comply with Contractor's safety requirements on the job site. 15. CARE OF THE WORK AND OFF-SITE AUTHORIZATION. Contractor warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and imitations affecting the performance of this Agreement. Contractor, at Contractor's sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance by City. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by Contractor. 16. INDEMNIFICATION. Contractor agrees to protect, defend, with counsel of City's choosing, indemnify and hold harmless City and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's proposal, which shall be of no force or effect. Contractor shall comply with all of the provisions of the Workers' Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable. Contractor shall indemnify and hold harmless City from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorneys' fees, that may be presented, brought or recovered against City for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work 4 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A performed under this Agreement by Contractor or any subcontractor or others performing on behalf of Contractor. City does not, and shall not, waive any rights against Contractor which it may have by reason of the above hold harmless agreements, because of the acceptance by City or the deposit with City by Contractor of any or all of the insurance policies described in Paragraph 17 (Insurance) of this Agreement. The hold harmless agreements by Contractor shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys' fees) incurred or alleged to have been incurred, by reason of the operations of Contractor or any subcontractor or others performing on behalf of Contractor, whether or not such insurance policies are applicable. Contractor shall require any and all tiers of subcontractors to afford the same degree of indemnification to the City of Blythe and its elected and appointed boards, officers, agents, and employees that is required of Contractor and shall incorporate identical indemnity provisions in all contracts between Contractor and all tiers of its subcontractors. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, Contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 17. INSURANCE. Contractor shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 17 and City has approved the insurance as to form, amount, and carrier, nor shall Contractor allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved. (a) Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (i) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. () Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. (ii) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability insurance with a limit of no less than One 5 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (i) Additional insureds: "The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor." (i) Notice: "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City." (ii) Other Insurance: "Contractor's insurance coverage shall be primary insurance as respects the City of Blythe, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Blythe shall be excess and not contributing with the insurance provided by this policy." (c) Reporting Provisions. Any failure of Contractor to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Blythe, its officers, officials, agents, employees, and volunteers. (d) Insurance Applies Separately. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. (f) Umbrella or Excess Policies. The Contractor may use umbrella or excess policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the primary and umbrella or excess policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, self-insured retentions (sirs), indemnity, and defense requirements. The umbrella or excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying commercial general liability insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the 6 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A Contractor's primary and excess liability policies are exhausted. (g) Proof of Insurance. Contractor shall furnish certificates of insurance and additional insured endorsements to the City, in a form satisfactory to City's Risk Management, within ten (10) days from the Effective Date of this Agreement and prior to commencement of the Work. No payments for services provided by the Contractor under this Agreement shall be made by the City until it is in receipt of said certificates. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the City to any and all remedies at law or in equity, including immediate termination of this Agreement. (h) Non-Limiting. Nothing in this Paragraph 17 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 18. PREVAILING WAGE REQUIREMENTS. (a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. This Project is a "public works" project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file with the City and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the Project site(s). (c) Legal Working Day. In accordance with the provisions of California Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the California Labor Code regarding eight (8)- hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty- Five Dollars ($25.00), or any greater penalty set forth in the California Labor Code, for each worker employed in the execution of the Work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the provisions of Sections 1810 et seq. of the California Labor Code. (d) Apprentices. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor 7 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A shall be responsible for ensuring compliance by its subcontractors with California Labor Code Section 1777.5. (e) Payroll Records. Pursuant to California Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the California Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of California Labor Code Section 1776. Contractor shall also furnish each week to City's Project Manager a statement with respect to the wages of each of its employees during the preceding weekly payroll period. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of California Labor Code Sections 1771 and 1725.5 requiring registration with the Department of Industrial Relations (DIR). 19. COMPLIANCE WITH ALL LAWS. Contractor shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including, but not limited to, the California Green Code and laws regarding health and safety, labor and employment, and wage and hours. 20. NON-DSCRMMATON. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code. 21. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to City. 22. NOTICES. All notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City pursuant to this Agreement shall be addressed as follows: 8 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A City of Blythe 235 N. Broadway Blythe, CA 92225 Attn: Mallory Crecelius Notices required to be given to Contractor shall be addressed as follows: R&L Watkins, Inc. P.O. Box 1756 Blythe, CA 92226 Attn: Leslie Jessop-Watkins 23. INDEPENDENT CONTRACTOR. The parties hereto acknowledge and agree that the relationship between City and Contractor is one of principal and independent contractor and no other. All personnel to be utilized by Contractor in the performance of this Agreement shall be employees of Contractor and not employees of the City. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relationship, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that Contractor is not a partner with City, whether general or limited, and no activities of City or Contractor or statements made by City or Contractor shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship. 24. PERS ELIGIBILITY INDEMNIFICATION. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees' Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, 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 ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 9 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A 25. VALIDITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. 26. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Riverside, California. 27. NO THIRD-PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of the City and Contractor 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 Agreement. 28. ASSIGNABILITY. This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party's written permission. Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. 29. WAIVER. No waiver of any provision oft this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. 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. 30. HEADINGS. Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof. 31. CONSTRUCTION. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 10 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A 32. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 33. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature. 34. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing sO, the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE FOLLOWS. 11 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 Agreement No. 2025-014 A IN WITNESS 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. CITY OF BLYTHE CONTRACTOR Mallory Crecelius Leslie Jessop-Watkins Interim City Manager President ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 12 R&L Watkins, Inc. Demolition and Abatement of 495 N. Main Street Form Revised 11-1-2023 EXHIBIT A REQUEST FOR PROPOSALS ITO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.] EXHIBIT B ADDENDUM NO. 1 ITO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.J EXHIBIT C CONTRACTOR'S PROPOSAL ITO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.] CITY OF BLYTHE Blythe CITY COUNCIL MEETING a STAFF REPORT MEETING DATE: March 11, 2025 SUBJECT: 2024 Rule 20A Work Credit Balance PRESENTED BY: Mirasol B. Elegores, Public Works Director PREPARED BY: Mirasol B. Elegores, Public Works Director RECOMMENDATION: Staffi recommends that the City Council provide direction to staff to either abandon the Rule 20A fund balance or proceed with an underground district project. Ifthe Council decides to move forward with aj project, to satisfy the Tariff criteria ofRule 20A, the City would be required to supply an additional $320,000.00 from the General Fund. FISCAL IMPACT: FISCAL IMPACT: The prospective underground wiring system project will cost approximately $906,195.00 with $586,195 from Rule 20 A funding. The balance of $320,000 would come from the City's General Fund. BACKGROUND: SCE Rule 20A is part ofthe California Publicl Utilities Commission Electric Tariff Rule 20, which allows utilities to fund underground projects that benefit the public interest, with projects nominated by cities or counties and paid for by utility rate payers. Rule 20A focuses on converting overhead electrical facilities to underground installations. Projects must demonstrate a benefit to the general public, notj just customers in the affected area. Utilities annually allocate "work credits" to cities and counties, which can be used to redeem for underground projects. On June 3, 2021, the California Public Utility Commission (CPUC)issued a decision that revises the CPUC's Electric Rule 20 program. The Decision discontinuous the authorization of new Electric Rule 20A work credit allocations. As such, there are. no work-credits being allocated for 2025 which makes Blythe's Work Credit Balance $586,195. The City ofBlythe is currently in "Inactive" status as ofJanuary 1,2025. Any work credit that has not been allocated to a community with an active Rule 20A project will expirein June 2025. Pursuant to D.23-06-008 with effective date of June 8, 2023, any Rule 20A Project within two (2) years ofthe effective date of this Decision shall be deemed expired. Any Rule 20A work credit that has not been deducted from a community's work credit balancel by December 1,2033 shall be deemed expired. The City has not previously completed any projects with Rule 20 A funding as the city's allocated work-credits were: not enough to fund a project without a major contribution from the City's general fund. STAFF REPORT: SCE has determined that City of Blythe has been deemed "Inactive" with a current work credit balance of $586,195.00. The work credits are set to expire in June 2025. To retain the work credits and avoid reallocation; both ofthe following conditions must be completed prior to June 2025: 1. A suitable project location must be identified and submitted to SCE not later than April 1, 2025. 2. The governing body must adopt an Ordinance creating an underground district that meets the criteria of avoiding or eliminating an unusually heavy concentrated overhead lines, right-of-way serves as at thoroughfare for the general public and carries heavy volume of pedestrian, wheelchair access is limited ori impeded by existing above, ground electric or telecommunications infrastructure, right-of-way passes through a civic area or public recreation area or right-of-way is considered as an arterial street or major collector as defined by the California Department ofTransportation. In addition to the above conditions, the identified project scope must meet the guidelines stated in Rule 20 tariff where the project cost should be within the range of $900,001 - $1,499,999. The City's current work credit balance of$586,195. To meet the minimum project cost ofRule 20 tariff guidelines, the City would be required to make up the difference of $320,000.00 to claim the work credit. In the event Council directs staff to proceed with an underground district project, staff has identified a project in Todd Park. An underground line would be installed beginning at the driveway at Barnard Street running along the edge of the parking lot covering 610 feet, then turning east towards the basketball court to cover approximately 270 feet. Installing this underground line would allowthe City, in the future, and as a separate project, to installlighting down the middle ofTodd Park where the SCE street lights along Broadway & Barnard does not reach. The project would stretch a total of 890 linear feet and is estimated to cost a little more than $900,000, thus meeting the minimum requirement of Rule 20. If the City Council directs staff to move forward with a Rule 20 A project, the project would need to be completed by December 1, 2033. Staffhas also contemplated looking for grants or other funding mechanisms to install solar lights in Todd Park, similar to what was recently installed near the playground in Miller Park. Solar lights would not require an extension ofthe electrical lines in the parks. This may be the most cost-effective: route for the City to take. However, staff did not want to forgo the use ofthe Rule 20A work credits without Council's input and direction. Therefore, it is recommended that the City Council provide direction to staff to either abandon the Rule 20A fund balance or proceed with an underground district project. ATTACHMENT/S: 1. Todd Park Map with the underground wire stretch markings. N Broadway N Broadway NE Broadway a NT 019 . N Main St N Main St N Main S REPORTS THE 67TH ANNUAL COMMUNITY OUTLOOK CONFERENCE */ Blythe poking owardthefiture TUESDAY OPEN TO THE PUBLIC REGISTRATION NOT APRIL 22, 2025 REQUIRED CHECK-IN & REFRESHMENTS: 9:00 A.M. PROGRAM: 10:00 A.M.-12:00 P.M. PALO VERDE COLLEGE FINE & PERFORMING ARTS CENTER ONE COLLEGE DR. - BLYTHE, CA 92225 PUBLIC COMMENT ADJOURN