BLYTHE CITY COUNCIL IA'S FIRST ESET Blythe * T CCETTI AGENDA April 8, 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 April 8, 2025 6:00pm CALL TO ORDER ROLL CALL Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attomey 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. DMV/Donate Life Month April 2025. CONSENT CALENDAR- (Items 2-16) 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. 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, April 4, 2025. 3. Approval of the Warrant Register. Recommendation: Approve 4/08/25, warrants numbered 11008 through 11042 and 79387 through 79441 in the amount of $649,258.86; 4/08/25, Utility Billing Refund warrants numbered 79442 through 79448 in the amount of $605.50 and 4/08/25, warrants numbered 11043 through 11051 and 79449 through 79505 in the amount of $247,631.81. 4. Approval of the Payroll Register. Recommendation: Approve 4/08/25, warrants numbered 55048 through 55066 and Direct Deposit warrants numbered 61404 through 614778 in the amount of $308,113.05; 4/08/25, warrants numbered 55067 through 55068 in the amount of $1,032.45; 4/08/25, warrants numbered 55069 through 55085 and Direct Deposit warrants numbered 61479 through 61554 in the amount of $298,910.55; 4/08/25, warrants numbered 55086 through 55103 and Direct Deposit warrants numbered 61555 through 61630 in the amount of $299,380.29 and 4/08/25, warrants numbered 55104 through 55115 and Direct Deposit warrants numbered 61631 through 61730 in the amount of $98,018.14. 5. Minutes of the March 11, 2025, City Council Meeting. Recommendation: Approve the Minutes of the March 11, 2025, Meeting. 6. Minutes of the March 27. 2025 Special City Council Meeting and Special Closed Session. Recommendation: Approve the Minutes of the March 27, 2025 Special Meeting. 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.dlyotbylhecagow, 7. City of Blythe Permits Issued in the Month of March 2025. Recommendation: Receive and file the monthly report. 8. City of Blythe Fire Department Monthly Activity Report for March 2025. Recommendation: Receive and file the monthly report. 9. City of Blythe Police Department Monthly Activity Report for March 2025. Recommendation: Receive and file the monthly report. 10. Quality of Life Program Activity Report for March 2025. Recommendation: Receive and file the monthly report. 11. Acceptance of Community Improvement Fund Grant Award. Recommendation: Authorize the Interim City Manager to accept and expend funds in the amount of $40,000.00 provided by The Palo Verde Valley Community Improvement for officer safety equipment for the Blythe Police Department. 12. Investment Report for Third Quarter Fiscal Year 2024/25. Recommendation: Accept and file the quarterly Investment Report. 13. Measure A Capital Improvement Plan for Fiscal Year 2026-2030. Recommendation: Adopt Blythe's Measure A Local Streets and Roads five (5) year Capital Improvement Plan (CIP) for fiscal years 2026-2030, approve for submission Blythe's Project Status Report for fiscal year 2024-2025, authorize the City Manager to execute Blythe's Maintenance of Efforts (MOE) Certification Statement, and authorize the Director of Finance to make minor amendments if necessary to the annual CIP report as per Riverside County Transportation Commission's procedures for fiscal year 2025-2026. 14. Annual Military Equipment Report Pursuant to Assembly Bill 481. Recommendation: Receive and file the Annual Military Equipment Report. 15. Adoption of 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. Recommended: Adopt 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 SPECIFIES RESIDENTIAL USES, AND ADDING REGULATIONS TO IMPLEMENT THE STATE DENSITY BONUS LAW, AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENT REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for 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.dilyotblyhe.cagoy. 16. Adoption Of 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: City Council adopt Ordinance No. 938-25 ORDINANCE NO. 935-25. 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. PUBLIC HEARING: (Items 17-18) 17. 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 BLYTHE, CALIFORNIA, REZONING TWO PARCELS AND ADDING A NEW SECTION 17.27.050 (WA/VER 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 WA/VING THE ART IN PUBLIC PLACES IMPACT FEE ON AFFORDABLE HOUSING AND SPECIAL NEEDS HOUSING. 18. Categorical Exemption for the Ocean Pacific Energy Company Compressed Natural Gas Fueling Station and Power Generation Project Pursuant to CEQA Guidelines S 15332. Recommendation: Subsequent to the Public Hearing, it is recommended Council direct staff to file a Notice of Exemption for a Categorical Exemption pursuant to CEQA Guidelines Section 15332 for an in-fill development project for the Ocean Pacific Energy Company Compressed Natural Gas Fueling Station and Power Generation Project. NEW BUSINESS: (Items 19-22) 19. Report on Emergency Action Taken by Interim City Manager for the Emergency Sinkhole and Manhole Repairs at N. Broadway and Juniper Trail. Recommendation: Review the emergency action taken by the Interim City Manager for the emergency sinkhole and manhole repairs at N. Broadway and Juniper Trail. It is further recommended Council authorize the Interim City Manager to accept the work, when completed to the satisfaction of Public Works Department staff and authorize the City Clerk to file the Notice of Completion upon such acceptance and to release project bonds once appropriate. 20. Fiscal Year 2024/25 Mid-Year Financial Report and Budget Amendments. Recommendation: Receive and file the Mid-Year Financial Report for FY 2024/25, and adopt Resolution 2025-003 amending the FY 2204/25 budget. RESOLUTION NO. 2025-003. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE OPERATING AND CAPITAL BUDGET FOR FISCAL YEAR 2024-2025. 21. Hiring a Temporary Part-time Employee for the Wastewater Treatment Plant. Recommendation: Approve the hiring of one part-time temporary employee as a Grade II Operator and adopt Resolution No. 2025-002, approving a revised schedule of authorized positions. RESOLUTION NO. 2025-002. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BL YTHE, CALIFORNIA, APPROVING THE REVISED SCHEDULE OF AUTHORIZED POSITIONS. 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 willl be posted on the City's website: www.dlyotbylhe.cagow. 22. Partnership with Blythe Chamber of Commerce on a Tourism and Economic Development Video Project. Recommendation: Authorize staff to enter into a Memorandum of Understanding with the Blythe Chamber of Commerce for the production of a commercial video and series of promotional clips and issue payment of $2,250 to the Chamber of Commerce. 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 May 13, 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@eltyotblylhe.ca.gov. 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.dilyotblylhecagow. PROCLAMATION -1 : CITY OF BLYTHE Broclamation DMV/Donate Life Month April 2025 WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in néed; and WHEREAS, more than 103,000 individuals nationwide and more than 23,000 in Califomia are Currently on the national orgàn trànsplant waiting list, and on average, 17 people die each day while waiting; and, WHEREAS, thé need for donated organs is especially urgent in Hispanic, Latino and African American communities; and WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and WHEREAS, donation of tissue can save ànd heal the livès of more than 75 others; and WHEREAS, organ donors saved more than 46,000 lives last year, the most ever; and WHEREAS, any person can register to. be an organ, eye and tissue donor regardless of agè or medical conditions; ard WHEREAS, being. a registered donor does not impact the quality of life-saving medical care a person réçeives in an emergency; and WHEREAS, California Residents can sign up with the Donaté Life California Donor Registry online. at any time by visiting wwwdomtalifealifomiag or, for Spanish-speakers, wwwdpedalifomiaorg: and WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or rénewing their drivers' licènse or D cards at the Califomia Department ofMotor Vehicles; and WHEREAS, California. residents interested in saving a life through living kidney donation mày visit wwhmngesuigaliomaw, NOW, THEREFORE, BE IT: RESOLVED that in récognition of National Donate Life Month, the month: of. April 2025 is hereby proclaimed DMV/Donate Life Month" in the. City of Blythe, and in doing so we éncourage all Californians to check "YESP online, or when applying for or renewing their driver's1 license or ID. card at the DMV. - IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the official seal of the City of Blythe, Califomia to be affixed this g day of April, 2025. Mayor Dated -2 CONSENT CALENDAR -3 -4. -5 -6 4 e -7 -8 -9 -10 00 -11 -12 = 00 e - E -13 de -14 NI 2 a -15 -16 - 2 -17 3 -18 -19. - -20 -21 -22. a o -23 a -24 9 0 # 2 -25 -26 -27 -28. -29 -30 Minutes of the Blythe City Council Meeting March 11, 2025 The March 11, 2025 meeting of the Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Mayor DeConinck. Also in attendance were Vice Mayor Rodriguez and Council Members Halby, Burton and Spraggins. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Finance Director and City Treasurer Elms, Chief Building Official Brown, Public Works Director Elegores and Police Chief Dale. The Pledge of. Allegiance was led by Mayor DeConinck. The Invocation was led by Councilman Burton. PROCLAMATION: American Red Cross Month - April 2025. The Proclamation was presented to representatives for the Riverside County Chapter ofthe American Red Cross. PRESENTATION: Audited Financial Statements for Fiscal Year 2023/24. Finance Director Elms stated the 2023/24 audit is complete. Daphne Munoz, Principal of CliftonLarsonAllen will present the details of the audit. Daphne Munoz stated we performed an audit of the annual financial statements for the year ending June 30, 2024, for the City as well as the Blythe Financing Authority. The City spent more than $750,000 in federal expenditures sO the City is required to have a single audit. This is in conjunction with the financial statements and is more of a compliance audit to meet federal grant requirements. Lastly, we performed an agreed upon procedure related to the City's calculation of the annual appropriations limit. Pages 1-3 of the financial statements contain the auditor's opinion. The period covered by this audit is July 1, 2023 through June 30, 2024. For that period, we issued an unmodified opinion. This means the financial statements are presented in all material respects and in accordance with generally accepted accounting principles. An unmodified opinion is the highest opinion you can get. The financial statements and the presentation of those statements are management's responsibility. Our responsibility as auditors is to express an opinion. Auditing standards requires that we have sufficient evidence to obtain reasonable assurance that the statements are free of any misstatements. There is an emphasis of matter due to a re-statement ofbeginning fund balances and net position. Last year's emphasis of matter was related to the going concern. Based on this year's results and the fund balances, this year's report does not include a going concern. We do not issue a report on internal controls, but if any issues were found it would be included in this report. I am happy to report there were no findings. We had no issues during the audit or disagreements with management. Mayor DeConinck thanked staff for their hard work. No public comment. The item was received and filed. -31 CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion ofthe Council. Ifany item requires individual consideration, it will be removed from the consent calendar and acted upon separately. 3. Posting of the Agenda. The agenda was posted on the bulletin boards on the outside ofthe 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. 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. CityofBlythe Fire Department Monthly Activity Report for February 2025. Recommendation: Receive and file the monthly report. 9. CityofBlythe Police Department Monthly Activity Report for February 2025. Recommendation: Receive and file the monthly report. 10. Ouality ofLife 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 BLYTHE MUNICIPAL CODE. No public comment. Council Member Burton moved approval of the Consent Calendar. The motion was seconded by Vice Mayor Rodriguez with a 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 this is the second in a series of Ordinances addressing 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 the City committed to creating a density bonus to incentivize development by increasing economies of scale. In program 1.A.4, the City committed to amending the Zoning Code to require by right approval ofl housing developments that include 20% of the units as affordable to lower income. The proposed Ordinance adds a Housing Overlay zone 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 -32 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. 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. In Program 2.D.3, the City committed to amending the Zoning Code to ensure that supportive and transitional housing is treated as residential uses subject to only the same restrictions as other residential dwelling oft the same type in the same zone to comply with State law requirements. 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 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. No public comment. Board Member Halby moved approval of staff's recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. 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-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 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. Interim City Manager Crecelius asked the Council to take Public Comment on this item, and then continue the Public Hearing to the. April 8, 2025 City Council Meeting. No Public Comment. Council Member Burton moved to Continue the Public Hearing to the April Meeting. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELS. ANDADDING A NEW SECTION 17.27.050 (WAIVER OF FEE) TO CHAPTER 17.27 (ARTS IN. PUBLIC PLACES PROGRAM) OF DIVISIONIII DEVELOPMENTAND, PERFORMANCE: STANDARDS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE WAIVING THE ART IN PUBLIC PLACES IMPACT FEE ON AFFORDABLE. HOUSING ANDSPECIALNEEDS HOUSING. NEW BUSINESS: 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 -33 Thresholds and Purchasing Authority, Amendment Authority, Bidding Exemptions, and Surplus Property. Finance Director Elms stated the City made revisions to it's purchasing Ordinance in June of 2021. The revisions were adopted to put policies and procedures in place to govern general purchases and public works projects separately. The intent was to streamline workflow and increase efficiency while providing uniformity between the two policies. The City took the approach of using bidding limits set by law in section 22032 of the Public Contract Code as it relates to public works projects to develop spending limits and bidding polices for general purchases SO there was consistency within the two. In January, the bidding limits set in the public contract code increased for public works projects. These revisions would keep uniformity in provisions by amending the bidding limits and spending authority to align with the changes in the public contract code. If adopted, the City Manager's authority and informal bidding provisions would increase from $60,000 to $75,000. City Council authority and formal bidding provisions would be required for anything over $75,000. The revision limits proposed carry through Chapter 2.65 of the Blythe Municipal Code as it pertains to general purchases. Since its adoption in 2021, staff has made note of circumstances that have arose when making purchases. To address some of these issues, staff is proposing other minor changes to Chapter 2.65 of the Municipal Code. This includes adding an exemption for contracts for nuisance abatement services from competitive bidding which will allow staff to expedite this process, providing the City Manager with the authority to purchase vehicles, regardless of cost, provided such purchases comply with all other requirements of section 2.65 of the BMC. This revision is intended to address delays the City is experiencing between the ordering and delivery of the vehicles. The purchase would still need to be adopted by Council during the budget process and would need to conform with all other procedures and solicitation. The proposed amendments also include express contract purchase order amendment authorization including authorization for the City Manager to approve amendments up to 10% of the amount authorized by the Council. Lastly, it includes amending the provisions related to the sale of surplus property to allow the transfer of surplus property to a governmental agency, civic, or charitable organization by negotiated sale or exchange. Therefore, it is recommended Council introduce Ordinance No. 938-25. Council Member Halby asked why this was not run by Council previously. I am not a fan of some of this, such as vehicles. I think Council should be approving these purchases. I have a lot of questions. Interim City Manager Crecelius stated the vehicles could only be purchased if they were adopted in the budget. When we bring the budget to you, we tell you we are going to purchase 6 vehicles and the cost. Having to come back to get authority to make the purchase is creating delays. During COVID there were supply chain issues, it took up to 2 years to get certain vehicles. To speed things up, once you adopt, through the budget process, the purchase of these vehicles, we can place the order. In terms oft the change in amounts, that is based on the public contract code. The code increased, sO we are asking to increase the for consistency with the public contract code. Finance Director Elms stated as the current Ordinance is written, under section 2.66, those contract limits as they are increased through the code, it automatically increases the public works project limits. We designed the Ordinance to keep consistency in those amounts. In terms of -34- vehicles, we have to apply all other provisions of the ordinance That includes competitive bidding or using the State Contract. It does not exempt the bidding process. But we have ordering windows, and this streamlines the purchase to allow us to make a purchase within those windows. We are not purchasing anything outside of what has been adopted by Council in the budget. Council Member Halby stated I've seen a lot of new vehicles and am not sure where they are coming from. Interim City Manager Crecelius stated some of those are vehicles we have waited 2 years to receive. They were delivered with this year's order, SO all the vehicles are coming in at once. We have not ordered a vehicle you have not approved. Finance Director Elms stated we just recently received units for PD that were approved and ordered well over a year ago. That is how long it is taking to get them. That is why we are trying to streamline purchases. We also just received units you approved back in the fall. They were all part of the budget. Council Member Burton would like to see a receipt or something. City Attorney Roberto stated she has seen in other cities that delegate authority to the City Manager provide a bi-annual report of the purchases made by the authority ofthe City Manager. Interim City Manager Crecelius stated if you don't adopt it in the budget, it doesn't matter ifit costs $1 or $100,000, I can't buy it. It must be approved in the budget. No public comment. Vice Mayor Rodriguez moved to introduce Ordinance No. 938-25. The motion was seconded by Council Member Burton with a unanimous aye vote. 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 Agreement for Abatement Services at 495 N. Main Street. Chief Building Official Brown stated the property of topic is 495 N. Main Street. The property has had an open code case since April of 2020 for lack of property maintenance. There have been numerous attempts by Code Enforcement to contact the owner to have the property cleaned. Even with these efforts, no contact was made by the property owner. In September of2023 the building burned, including all its contents. In the days and months following the fire, Code Enforcement worked diligently to contact the owner with no success. Code Enforcement staff looked for guidance from our City Attorney to start the abatement process. This is not a fast process, and the owner has been given many opportunities to bring the property up to code. Staff has prepared a contract, following the procedures of the purchasing policy to have the building removed from the property. It is recommended the City Council authorize the City Manager to enter into an agreement with R&L Watkins for the abatement of the property in an amount not to exceed $96,000, authorize $10,000 for project contingencies and establish a project budget of $106,000. It is further recommended -35 Council authorize the Interim City Manger to issue any contract amendments within the project budget and authorize the Interim City Manger to take any actions necessary to abate 495 N. Main Street. Vice Mayor Rodrigeuz asked if abatement oft the trees was part ofthe project. Council Member Halby asked about timing. City Attorney Roberto stated if Council approves this contract, my office will move forward with the abatement warrant. In the past, warrants took months, and some took a week. It's really luck ofthe draw on thejudge and if they sign off on it right away. The warrant is valid for 14 days, If there are issues, we can ask the judge to approve an extension. Public Comment. Leslie Watkins thanked staff for their attention to this. We are hopeful it will not take 6 months to obtain the warrant. We would love to have that site cleared for a multitude of reasons. There is quite a bit of dumped vegetation and tree trimmings. Per code, we will take every tree to a 6-foot canopy. We will take the under growth and dumped items. That was not part of the project, but we are doing it. We want a clean slate at that property. The largest part of the bid is the asbestos removal. Thank you again for the opportunity to continue to clean our city. Council Member Spraggins moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. 2024 Rule 20A Work Credit Balance. Public Works Director Elegores stated Southern California Edison Rule 20A is part of the California Public Utilities Commission Electric Tarif Rule 20, which allows utilities to fund underground projects that benefit the public interest, with projects nominated by cities and 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, not just the 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 issued a decision that revises the CPUC's Electric Rule 20A program. The decision discontinues the authorization of new Electric Rule 20A work credit allowances. As such, there are no work credits being allocated for 2025 which makes Blythe's work credit balance $586,195. Any work credit that has not been allocated to a community with an active Rule 20A project will expire in June 2025. The City has not previously completed any projects with Rule 20A 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. To retain the work credits and avoid reallocation, prior to June 2025 the City must have a suitable project location identified and submitted to SCE no later than April 1st and the City must adopt an ordinance creating an underground district that meets the criteria. The identified project must meet Rule 20A guidelines. In the event the 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 running along the edge of the parking lot covering 610 feet, then turning east towards the basketball court to cover approximately 270 linear feet. This line would allow in the future, and as part of a separate project, the installation of lighting in Todd Park. The project would stretch 890 linear feet and -36 cost an estimated a little more than $900,000. Staff has contemplated looking for grants or other funding to install solar lights in Todd Park like what was recently installed in Miller Park. This may be the most cost-effective option for the City. Therefore, it is recommended the City Council provide direction to staff to either abandon the Rule 20A fund balance or proceed with an underground district project. The City council asked a number of questions related to Rule 20A project guidelines. After a lot of dialogue between the City Council and staff, it was suggested that a Special Meeting be held to discuss this further. Public Comment. Rob Holt thinks there are better options for lighting at Todd Park and are probably some other areas with overhead lines that make more sense. Diane Easley asked what the impacts to health would be on these underground lines. Direction to schedule a Special Meeting was provided to staff. ORAL REPORTS: Interim City Manager Crecelius reported on the Outlook Conference. Council Member Spraggins reported on the Chamber Mixer being hosted by Blythe PD. She thanked Blythe PD for finding the belt buckles and knives and working on the case and the community who helped as well. Council Member Halby reported on the fair this upcoming weekend and his work last weekend with the Pink Trash Bags. There is a mess at Dollar General with their cardboard. It was a good clean up. Council Member Burton reported on the pancake breakfast at the VFW. Mayor DeConinck reported he met the new CHP Commander. They will be on patrol on HWY 95 this weekend, SO everyone be safe and don't drink and drive. PUBLIC COMMENT: Dustin Lindermuth of Not Your Average Candy Company said the project review process and fees are high and are discouraging new businesses for opening. We are pricing out people who want to bring economic development to our city. The fees make investment less viable. I ask Council to review these fees and find a more balanced approach. Diane Easley stated there was a report published in 2022 about the City's economic peril. ADJOURN: The City Council meeting was adjourned at 7:06pm. -37 Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk -38 Minutes of the Blythe City Council Special Meeting and Special Closed Session March 27, 2025 The March 27, 2025, Special Meeting and Special Closed Session of the Blythe City Council was called to order at 2:30pm in the Council Chambers by Mayor DeConinck. Also in attendance were Vice Mayor Rodriguez and Council Members Halby, Burton and Spraggins. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Finance Director and City Treasurer Elms, Chief Building Official Brown, Public Works Director Elegores and Police ChiefDale. The Pledge of Allegiance was led by Mayor DeConinck. The Invocation was offered by Councilman Burton. SPECIAL MEETING ITEMS: 1. Posting of the Agenda. The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Monday, March 24, 2025. No public comment. Councilman Burton moved approval of the posting of the Agenda. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. 2. Annual Element Progress Report- Housing Element Implementation. Interim City Manager Crecelius stated this is a receive and file item. It's the annual report we are required to submit regarding the implementation of our Housing Element and updates on any progress made on our General Plan. The report is prepared, and it is recommended that the City Council receive and file the Annual Element Progress Report and authorize staff to forward it to the Governor's Office of Planning and Research and the Department ofHousing and Community Development. No public comment. Council Member Burton moved approval of staff's recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. 3. 2024 Rule 20A Work Credit Balance. Public Works Director Elegores reported to retain the City's works credits and avoid reallocation we must submit a suitable project to SCE by April 1st. Rule 20A guidelines require a minimum project length of 600 linear feet. It's estimated a project of this size costs roughly $1 million and would include the undergrounding of one service line and 2-3 utility poles. After further discussion with SCE, the undergrounding of overhead lines is the only allowable expense for this program. New service lines, or enhancements to existing lines are not projects that can be completed with Rule 20A monies. Any lines undergrounded must be part of this program will be owned and maintained by SCE. Projects must have a public benefit and be located on a major arterial or thoroughfare. This is why early on; staff began looking for projects -39 on or around City owned properties. Should Council wish to move forward, staff has identified a project on S. Lovekin Blvd. The project consists of 1,100 linear feet from the City boundary on S. Lovekin Blvd. To 14th avenue. Per SCE's current project schedule, the project would not start prior to 2028. Although funding for the project is required to be on deposit with SCE by June of this year. Due to the cost and size ofthe project staff does not recommend moving forward with a Rule 20A project. The cost benefit is not there. Staff seeks direction from Council on how to proceed. Vice Mayor Rodriguez asked if this line would increase capacity. Interim City Manager Crecelius stated no, and after further discussions with SCE, the purpose of this is to take overhead lines and put them underground. It is not to create new service lines or capacity. Council Member Halby asked if an extension was available. It was reported no. Vice Mayor Rodriguez asked if the credits could be transferred to the County of Riverside. Other discussion ensued related to projects that would fit the Rule 20A project criteria. Public Comment. Leslie -Jessop Watkins asked what the price point is now, VS. a few years from now. Can you get a price guarantee from Edison? Council Member asked if our rate payers paid for this, and what happens if we don't do a project? That money should be given back to the rate payers. Vice Mayor Rodriguez moved that the City does not move forward with a project. The motion was seconded by Council Member Spraggins with a unanimous aye vote. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None RECESS TO CLOSED SESSION: SPECIAL CLOSED SESSION ITEM: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8. Property: 3480 Quail Run Rd., Blythe, CA 92225. Agency Negotiator: Mallory Crecelius. Negotiating Parties: BNB GolfManagement, Inc. Under Negotiation: Price and Terms of Payment. REPORT FROM CLOSED SESSION: It was reported direction was given, no action was taken. ADJOURN: The City Council meeting was adjourned at 4:15pm. Joseph DeConinck, Mayor -40 ATTEST: Mallory Crecelius 2 City Clerk -41 4/3/2025 City of Blythe Page 1 7:53:38AM PERMITS ISSUED For the Period 3/1/2025 thru 3/31/2025 Permit No./Issued Applied/Approved TypeSub-Type'Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-016 ELEC 596: SOUTH SOLANO. AVENUE VASQUEZ & VAZQUEZ CEASAI 28,000.00 852.64 852.64 3/20/2025 SOLAR 869032006 SUNRUN INSTALLATION SERV 2/18/2025 ISSUED Permit Name PV Roof Mount & Battery 3/17/2025 SAB2503-001 ELEC 821 LAWRENCE. AVENUE BRIAN. J. JOHNSON 45,940.00 833.97 833.97 3/5/2025 SOLAR 842211007 BRIGHT PLANET SOLAR INC 3/5/2025 ISSUED Permit Name PV+ ST 3/5/2025 SAB2503-002 ELEC 461 ALAMEDASTREET KIMBERLY. A & DAVID A SANTI 23,960.00 692.11 692.11 3/10/2025 SOLAR 851170001 BRIGHT PLANET SOLAR INC 3/10/2025 ISSUED Permit Name PV+ST 3/10/2025 B2502-014 ELEC 348 VILLAGE DRIVE JOSEA CORTAZARJ JR 37,500.00 1,030.88 1,030.88 3/11/2025 SOLAR 842161049 SUNRUN INSTALLATION SERV 2/18/2025 ISSUED Permit Name PV: Roof, Battery & MPU 3/5/2025 B2502-015 ELEC 1318 WEST SAN GORGONIOS1 DANNY & DIANAI RODRIGUEZ 20,000.00 773.60 773.60 3/11/2025 SOLAR 836154003 SUNRUN INSTALLATION SERV 2/18/2025 FINALED Permit Name PV: Roof Mount & Battery 3/5/2025 B2503-007 ELEC 139 SOUTH ASH AVENUE HECTOR GOMEZ 1,500.00 297.00 297.00 3/27/2025 848023024 JONATHAN DINCO ELECTRIC 3/12/2025 ISSUED Permit Name UPGRADE 3/26/2025 B2503-006 ELEC 137 SOUTHASH. AVENUE HECTOR GOMEZ 1,500.00 297.00 297.00 3/27/2025 848023024 JONATHAN DINCO ELECTRIC 3/12/2025 ISSUED Permit Name UPGRADE 3/26/2025 B2502-017 ELEC 420 NORTH SOLAAVENUE DANIEL & VIRGINIAHUANTE 21,000.00 642.73 642.73 3/11/2025 SOLAR 851021008 SUNRUN: INSTALLATION SERV 2/18/2025 FINALED Permit Name PV Roof Mount & Battery 3/5/2025 SAB2503-003 ELEC 2438 RIVIERA! DRIVE JAY & DEBRAARNESON 31,304.95 585.07 585.07 3/12/2025 SOLAR 875280016 DEMAND CONSTRUCTION: INC 3/12/2025 ISSUED Permit] Name PV + ST 3/12/2025 SAB2503-004 ELEC 440 NORTH TENTH STREET CATHY DOBSON 34,956.60 853.54 853.54 3/17/2025 SOLAR 851031006 LGCY INSTALLATION SERVICE 3/17/2025 ISSUED Permit Name PV+ ST 3/17/2025 SAB2503-005 ELEC 508 WEST CALIFORNIASTREE JACQUELYNE R VASQUEZ 65,608.20 1,025.53 1,025.53 3/17/2025 SOLAR 842132010 LGCY INSTALLATION SERVICE 3/17/2025 ISSUED Permit Name PV, ST & MPU 3/17/2025 B2501-026 ELEC 250 NORTH ELM: ROAD DEBORAH: MCCABE HILL 2,000.00 297.00 297.00 3/3/2025 851101008 SHAWN COPELAND 1/29/2025 ISSUED Permit Name Install new 200 amp service 1/29/2025 SAB2503-007 ELEC 842 OASIS VILLAGE COURT ARIANA DEI LEON 38,220.00 883.97 883.97 3/25/2025 SOLAR 842163010 BRIGHT PLANET SOLAR INC 3/25/2025 ISSUED Permit Name PV + ST 3/25/2025 Total for: ELEC 351,489.75 9,065.04 9,065.04 Permit No./Issued Applied/ADDroved TypeSab-lupeStatus: Site Address and] Parcel No. Owner and Contractor Valuation Fees Paid 42 4/3/2025 City of Blythe Page 2 7:53:38AM PERMITS ISSUED For the Period 3/1/2025 thru 3/31/2025 B2503-009 MECH 430 SOUTH BROADWAY STATE OF CALIFORNIA 104,500.00 273.00 273.00 3/18/2025 848142028 JASL ENTERPRISES INC 3/18/2025 ISSUED Permit Name Replacement 3/18/2025 Total for: MECH 104,500.00 273.00 273.00 Permit No./Issued Applird/Approved TypeSub-Tupe'Status: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2503-019 OTHER 430A ALICE LANE SOTO FAMILYTRUST 15,000.00 313.61 313.61 3/26/2025 848161014 AFC 3/26/2025 ISSUED Permit Name REROOF-OE & PAINT, 2200 SF 3/26/2025 B2503-024 OTHER 333 NORTH TENTH STREET ELIZALDE & FELTON 500.00 182.50 182.50 3/31/2025 851032015 OWNER 3/31/2025 ISSUED Permit Name Replace siding w/stucco 3/31/2025 B2503-008 OTHER 2200 EAST DONLON STREET B CASA ENCINAS BLYTHE LLC 14,500.00 1,210.55 1,210.55 3/26/2025 857210021 A & FI ENTERPRISES INC 3/14/2025 ISSUED Permit Name Plumb, Elec & Drywall 3/21/2025 B2503-013 OTHER 9801 LIDO LANE CARMEN: E HERNANDEZ 10,000.00 226.41 226.41 3/26/2025 869371002 MS CONSTRUCTION 3/24/2025 ISSUED Permit Name REROOF-OE & PAINT, 22 sqs 3/25/2025 B2503-017 OTHER 111 EAST HOBSONWAY CUTTING EDGE PROP INC 1,600.00 524.34 524.34 3/31/2025 845151006 M: S CONSTRUCTION 3/26/2025 ISSUED Permit Name INTERIOR REMODEL 3/26/2025 B2503-018 OTHER 2200 EAST DONLON: STREET B CASAI ENCINAS BLYTHE LLC 1,600.00 182.50 182.50 3/26/2025 857210021 A& FJ ENTERPRISES INC 3/26/2025 FINALED Permit Name Drywall, units B & D 3/26/2025 B2503-010 OTHER 935 EAST MURPHY STREET SHAWN LEE ROBINSON 7,500.00 314.64 314.64 3/21/2025 SOLAR 851052008 M S CONSTRUCTION 3/20/2025 ISSUED Permit Name Stucco front of house & Paint 3/21/2025 Total for: OTHER 50,700.00 2,954.55 2,954.55 Permit No./Issued Applied/Approved TypeSub-TupeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2502-010 PATIO 840AURORA WAY PHIPPS & BROWN 19,387.68 688.92 688.92 3/4/2025 842222003 OWNER 2/19/2025 ISSUED Permit Name 3/3/2025 Total for: PATIO 19,387.68 688.92 688.92 Permit No./Issued Applied/Approved TypeSub-TupeSltatus: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2503-015 PLUMB 1101 WEST HOBSONWAY PERKINS BLYTHE LLC 900.00 262.00 262.00 3/27/2025 GAS 836080059 BLACK SHEEP PLUMBING 3/25/2025 ISSUED Permit Name Gas Line 3/26/2025 B2503-014 PLUMB 345 NORTH THIRD STREET GOLDENFIELD INVESTMENTS 1,500.00 147.00 147.00 3/25/2025 BACKFLOW 845073005 CRECELIUS INC 3/24/2025 ISSUED Permit Name BACKFLOW 3/25/2025 -43 4/3/2025 City of Blythe Page 3 7:53:38AM PERMITS ISSUED For the Period 3/1/2025 thru 3/31/2025 B2503-005 PLUMB 133 NORTH DATE ROAD CEJA ET AL 0.00 131.00 131.00 3/13/2025 GAS 851102011 OWNER 3/13/2025 FINALED Permit Name Existing Gas 3/13/2025 B2502-013 PLUMB 441 RIVER VALLEY. AVENUE ALFONSO & MICHELLE COTA 991.00 38.00 38.00 3/25/2025 WATER HEATER 854123011 CRECELIUS INC 2/18/2025 ISSUED Permit Name WATER: HEATER 2/21/2025 Total for: PLUMB 3,391.00 578.00 578.00 Permit No./Issued Applid/Approved TypeSub-TypeStatus: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2503-003 POOL 3691 NORTH TENTH STREET ROBERT DENNIS SPIVEY. Jr 1,500.00 181.00 181.00 3/5/2025 851032012 OWNER 3/5/2025 ISSUED Permit Name DEMOLITION OF POOL 3/5/2025 Total for: POOL 1,500.00 181.00 181.00 Permit No./Issued Applied/Approved Type-Sub-TupeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2503-021 RERF 1080 EAST NEVADAAVENUE FERNANDO & MARIA SALDAN 9,000.00 208.97 208.97 3/28/2025 OVER: EXIST 857083002 OWNER 3/28/2025 ISSUED Permit Name Over Existing, 2000 sf 3/28/2025 B2503-016 RERF 1358 BRUCE COURT RODOLFO & ESPERANZA: LEVA 9,850.00 226.39 226.39 3/26/2025 TEAR OFF 836171003 OWNER 3/26/2025 ISSUED Permit Name TEAR OFF, 1954 sf 3/26/2025 B2503-002 RERF 390 NORTH. ACACIA STREET ALVINO R OLIVAS 19,000.00 763.27 763.27 3/4/2025 TEAR OFF 851142009 AFC 3/4/2025 ISSUED Permit Name Tear Off, 2900 sf 3/4/2025 B2503-020 RERF 4201 NORTH FIRST STREET TERESA GOMEZ 5,000.00 182.65 182.65 3/26/2025 TEAR OFF 845062009 OWNER 3/26/2025 ISSUED Permit Name Tear Off, 1800 sf 3/26/2025 Total for: RERF 42,850.00 1,381.28 1,381.28 Permit No./Issued Applied/Approved TypeSub-lypeSlatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2503-012 RES-ADD 610 NORTH SOLAAVENUE RICHARD & JULIE CASTILLO 28,000.00 1,224.73 1,224.73 3/31/2025 857072001 LUSK PLUMBING 3/20/2025 ISSUED Permit Name & PATIOS 3/26/2025 Total for: RES-ADD 28,000.00 1,224.73 1,224.73 Permit No./Issued Applie/Approved TpeSub-TapeStatus: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2502-002 RIVCOUNTY 2211 MIDLAND ROAD JOHN & ROSETTASTYERS 4,000.00 212.90 212.90 3/14/2025 827020008 OWNER 3433985 ISSUED Permit Name ELECTRICAL 200AMP TO: 200AMP 44. 4/3/2025 City of] Blythe Page 7:53:38AM PERMITS ISSUED For the Period 3/1/2025 thru 3/31/2025 RC2502-001 RIVCOUNTY 15201 SOUTH BROADWAY RAFAEL & ROSADELEON 2,000.00 211.90 211.5 3/4/2025 869120002 MS CONSTRUCTION 2/6/2025 FINALED Permit Name Repair ofFire Damage 3/4/2025 Total for: RIVCOUNTY 6,000.00 424.80 424.8 34 Permits Issued from 3/1/2025' Thru 3/31/2025 Total Valuation: $607,818.43 Total Fees: $16,771.32 Total Fees Paid: $16,771.32 4/3/2025 City of Blythe Page 7:56:31AM Permits Applications Received For the Period 3/1/2025 thru 3/31/2025 Permit No. Applied Type Subtype Status Site Address/Parcel No. AplanvOmmr/Continse: F2503-001 3/27/2025 ANNLFIRE ANNUAL INSPE260 NORTH SPRING STREET RIVERSIDE COUNTY SHERRIF Permit Name 845123020 COUNTY OF RIVERSIDE Description: 1 Permit Applications from 3/1/2025 Thru 3/31/2025 4/3/2025 City of Blythe 8:32:24AM Cases Opened (By Type) For the Period 3/1/2025 thru 3/31/2025 Type of Case Number opened DEBRIS 2 DUMPING I FIRE 2 VERMIN WEED 4 WITNESS IN FIELD ZONING 4 Total Cases Opened: 15 Cases closed in March: 18 301 cases: Remaining open -45 4/3/2025 City of Blythe Page 7:56:50AM Permits Applications Received For the Period 3/1/2025 thru 3/31/2025 Permit No. Applied Type Subtype Status Site Address/Parcel No. Avlanumonae, BP2503-001 3/4/2025 BURNPERMIT FINALED 231 LEE STREET OWNER Permit Name Tumbleweeds 842060003 RICHARD & PATRICIAARMENTA Description: BP2503-002 3/4/2025 BURNPERMIT AG BURN FINALED 301 SIEGFRIED! LANE GERARDO CASTRO Permit Name Date Farm-palm fronds & piled wood waste/brush 839120028 G CPRODUCE INC Description: BP2503-003 3/5/2025 BURNPERMIT FINALED 3721 WEST HOBSONWAY OWNER Permit Name PILED WOOD WASTE. /) BRUSH 824110012 RAYMOND LI HOOVER Description: PERMIT 2024-010, 2.74. ACRES BP2503-004 3/7/2025 BURNPERMIT FINALED 1338 EAST FOURTEENTHAVENUE LURLINE DAVIS Permit Name TUMBLEWEEDS 869160034 DAVIS ET AL Deseription: BP2503-005 3/10/2025 BURNPERMIT AG BURN FINALED 1926 WEST HOBSONWAY CODY MARTIN Permit Name TUMBLEWEEDS 824200013 TRAVIS MACK MARTIN Description: BP2503-006 3/10/2025 BURNPERMIT FINALED 286 NORTH CARLTON AVENUE OWNER Permit Name Piled Wood' Waste/Brush 836080025 DENNIS JAMES MARKOWSKI Description: BP2503-007 3/20/2025 BURNPERMIT FINALED 2100 EAST HOBSONWAY HENRY QUEVEDO Permit Name TUMBLEWEEDS 857160024 OLAM BLYTHE 1 Description: BP2503-008 3/20/2025 BURNPERMIT APPLIED 372 COTTONWOOD LANE MS CONSTRUCTION Permit Name Piled Wood Waste/Brush 854110022 MANUEL. & MARICELA SANCHEZ Description: 8 Permit Applications from 3/1/2025 Thru 3/31/2025 -46- 4/3/2025 City of Blythe Page 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 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 CEQA2503-001 CEQA Greenlane EVC & H2 Refueling #CREATED NEED APPL EVC PARTNERS LLC 3/5/2025 241 SOUTH NEIGHBOURS BOULEVARD Comments: CEQA2503-002 CEQA Ocean Pacific Energy RNG Fueling Station IN REVIEW WEV BLYTHE LLC & 3/13/2025 500 BLOCK OFSOUTH INTAKE BOULEVARD Comments: Total Projects for MALLORY CRECELIUS For the Period 3/1/2025 thru 3/31/2025: 2 4/3/2025 City of Blythe Page 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 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 TUP2503-001 TUP Prime Leaf Fundraiser IN REVIEW JOSEPH MICHAEL HALBY III 3/12/2025 135 NORTH COMMERCIAL STREET Comments: VP2503-001 VACANT PROPERTY RECIEVED LUIS OCTAVIO ROCHA 3/4/2025 449 NORTH SEVENTH STREET Comments: Total Projects for MICHELLE VAN DYKE For the Period 3/1/2025 thru 3/31/2025: 2 -47 4/3/2025 City of Blythe Page 3 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 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 G2503-001 GRAFFITI covered graffiti COMPLETED THOMAS FARRAGE TRUST 3/4/2025 248 WEST HOBSONWAY Comments: G2503-002 GRAFFITI covered graffiti COMPLETED DELFINO & MIREYA GARIBAY 3/4/2025 768 MEGAN LANE Comments: G2503-003 GRAFFITI covered graffiti COMPLETED DAVID LAMB & 3/4/2025 425 WEST CHANSLORWAY Comments: G2503-004 GRAFFITI stop sign COMPLETED 3/4/2025 300 block of W DONLON ST Comments: G2503-005 GRAFFITI covered graffiti COMPLETED EDGAR DELATORRE 3/4/2025 507 DORA LANE Comments: G2503-006 GRAFFITI stop sign COMPLETED 3/4/2025 200 block ofs ASH. AV Comments: G2503-007 GRAFFITI COMPLETED 3/4/2025 200 block of S PALM DR Comments: G2503-008 GRAFFITI stop sign COMPLETED 3/6/2025 500 block of N 6TH ST Comments: G2503-009 GRAFFITI stop sign COMPLETED 3/6/2025 700 block OfLAWRENCE AVE Comments: -48 4/3/2025 City of Blythe Page 4 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 G2503-010 GRAFFITI water pump station COMPLETED 3/6/2025 800 block ofN LOVEKIN BLVD Comments: G2503-011 GRAFFITI covered graffiti COMPLETED JOSEPH MICHAEL HALBY 3/11/2025 202 EAST HOBSONWAY Comments: G2503-012 GRAFFITI covered graffiti COMPLETED DAVID LAMB & 3/11/2025 425 WEST CHANSLORWAY Comments: G2503-013 GRAFFITI covered graffiti COMPLETED NATHAN MUMME, TRUSTEE 3/11/2025 316 WEST HOBSONWAY Comments: G2503-014 GRAFFITI covered graffiti COMPLETED 3/11/2025 1936 Comments: G2503-015 GRAFFITI covered graffiti COMPLETED VIRGIL & RASAMEE JAYCOX 3/11/2025 1936 EAST. HOBSONWAY Comments: G2503-016 GRAFFITI covered graffiti COMPLETED CHRISTIAN FELLOWSHIP CHURCHES 3/11/2025 185 SOUTH THIRD STREET Comments: G2503-017 GRAFFITI covered graffiti COMPLETED VALLADOLID ET AL 3/13/2025 1573 EAST HOBSONWAY Comments: G2503-018 GRAFFITI covered graffiti COMPLETED THOMAS FARRAGE TRUST 3/13/2025 248 WEST HOBSONWAY Comments: G2503-019 GRAFFITI P.V.I.D canal COMPLETED 3/13/2025 2200 block of E DONLON ST Comments: -49 4/3/2025 City of Blythe Page 5 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 G2503-020 GRAFFITI bus stop COMPLETED 3/13/2025 800 block of E HOBSONWAY Comments: G2503-021 GRAFFITI covered graffiti COMPLETED 41 EIGHTEEN CAPITAL VENTURES 3/13/2025 950 EAST HOBSONWAY Comments: G2503-022 GRAFFITI speed limit sign COMPLETED 3/13/2025 800 block of W CHANSLORWAY Comments: G2503-023 GRAFFITI covered graffiti COMPLETED MAURICIO ZUNIGA-FLORES 3/18/2025 301 SOUTH SECOND STREET Comments: G2503-024 GRAFFITI covered graffiti COMPLETED COACHELLA VALLEY HOUSING COALI 3/18/2025 170 S SPRING ST Comments: G2503-025 GRAFFITI covered graffiti COMPLETED ARTEM ENTERPRISES LLC 3/18/2025 1901 EAST HOBSONWAY Comments: G2503-026 GRAFFITI COB sewer lift COMPLETED 3/18/2025 300 block of S INTAKE BLVD Comments: G2503-027 GRAFFITI covered graffiti COMPLETED IN THE LORD WE TRUST 3/18/2025 941 EAST HOBSONWAY Comments: G2503-029 GRAFFITI covered graffiti COMPLETED GERALD & PAULA HOEMANN 3/20/2025 573 EAST CHAPARRAL DRIVE Comments: G2503-030 GRAFFITI covered graffiti COMPLETED JESUS & MARTHA. ALVAREZ 3/20/2025 565 EAST CHAPARRAL DRIVE Comments: -50. 4/3/2025 City of Blythe Page 6 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 G2503-031 GRAFFITI bus stop COMPLETED 3/20/2025 1500 block of E HOBSONWAY Comments: G2503-032 GRAFFITI light pole COMPLETED 3/20/2025 400 block of E HOBSONWAY Comments: G2503-033 GRAFFITI fire hydren COMPLETED 3/20/2025 400 block of STEWART ST Comments: G2503-034 GRAFFITI stop sign COMPLETED 3/20/2025 300 block of TESORO LN Comments: G2503-035 GRAFFITI bus stop bench COMPLETED 3/20/2025 400 block of E 14TH AVE Comments: G2503-036 GRAFFITI stop sign COMPLETED 3/20/2025 300 block of S 5TH ST Comments: G2503-037 GRAFFITI covered graffiti COMPLETED JOYCE A WONG LIVING TRUST DTD 3/25/2025 1588 EAST HOBSONWAY Comments: G2503-038 GRAFFITI bathrooms COMPLETED CITY OF BLYTHE 3/25/2025 TODD PARK Comments: G2503-039 GRAFFITI stop sign COMPLETED 3/25/2025 100 alley way of S SPRING ST Comments: G2503-040 GRAFFITI signal ahead sign COMPLETED 3/25/2025 100 block of W HOBSONWAY Comments: -51 4/3/2025 City of Blythe Page 7 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 G2503-041 GRAFFITI stop sign COMPLETED 3/25/2025 1100 alley way ofE CHANSLORWAY Comments: G2503-042 GRAFFITI stop sign COMPLETED 3/25/2025 400 block of N EARLE ST Comments: G2503-043 GRAFFITI covered graffiti COMPLETED TOMMY D COPPLE JR 3/25/2025 585 EAST CHAPARRAL DRIVE Comments: G2503-044 GRAFFITI stop sign COMPLETED 3/25/2025 200 alley way of N 3RD ST Comments: G2503-045 GRAFFITI stop sign COMPLETED 3/25/2025 200 block ofl N 3RD ST Comments: G2503-046 GRAFFITI stop sign COMPLETED 3/25/2025 300 alley way ofl E MURPHY ST Comments: G2503-047 GRAFFITI covered graffiti COMPLETED VALLADOLID ETAL 3/27/2025 1573 EAST HOBSONWAY Comments: G2503-048 GRAFFITI fire hydren COMPLETED 3/27/2025 1500 block of E HOBSONWAY Comments: G2503-049 GRAFFITI fire hydren COMPLETED 3/27/2025 800 block of E CHANSLORWAY Comments: G2503-050 GRAFFITI fire hydren COMPLETED 3/27/2025 400 block ofN 5TH ST Comments: -52. 4/3/2025 City of Blythe Page 8 8:09:28AM Projects by Type, Status and Date For the Period 3/1/2025 thru 3/31/2025 G2503-051 GRAFFITI stop sign COMPLETED 3/27/2025 600 block ofE MICHIGAN ST Comments: G2503-052 GRAFFITI speed limit sign COMPLETED 3/27/2025 300 block of N 7TH ST Comments: G2503-053 GRAFFITI stop sign COMPLETED 3/27/2025 500 block of E. AVE B Comments: Total Projects for RICKY AGUILAR For the Period 3/1/2025 thru 3/31/2025: 52 -53 CITY OF BLYTHE FIRE DEPARTMENT MONTHLY INCIDENT AND ACTIVITY REPORT March 2025 Incident Total Public Assist / Rescue / Medical Aid 53 Structure 2 Vehicle Fire 1 Brush, Grass, Leaves 9 Trash, Rubbish, Dumpster 3 Arching Electric Equip./Power Line Down/Transformer Fire 3 Fire Alarms 1 Other 5 Total # of Incidents 77 Activity Drills 5 Staff Meeting 1 Races 2 Total Activities 8 Respectfully Submitted Ronald Hasler, Fire Chief -54 CHIEF 4 YTFE BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief of Police POL - C IY OLIOE Monthly Incident and Activity Report March 2025 Incident Total Resident Burglaries 5 Commercial Burglaries Vehicle Burglaries Domestic Violence 5 Battery 7 Grand Theft 1 Petty Theft 3 Shoplifing 1 Traffic Collision-Injury Traffic Collision-Non injury 10 Traffic Collision-Hit and Run 5 Driving Under the Influence Vandalisms 8 Trespassing Prowlers U Public Intoxication 6 Alarm 25 Abandoned Vehicle Abatement 6 AVA Vehicles Tows 0 Vehicle Red Tags 2 Hospital Helicopter Landings 7 Documented Police Reports 181 Total Incidents 1434 -55 CHIEF - BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief ofPolice 9 OCN Quality of Life Program The statistics listed below reflect total numbers of the Quality-of-Life Program for March 2025. Homeless Detail: March Year to Date People contacted. 117 285 People given bus tickets and left town to seek resources 3 15 elsewhere. People assisted with obtaining their ID or Social Security. 1 7 Cards to register for housing and assistance. People transported to or referred to DPSS/Mental Health. 57 146 People detained under 5150 Welfare and institutions 4 15 Code and transported for treatment. People sent to rehab. 0 2 People sent for substance abuse. 2 5 People picked up by a family member and taken home out of town. People assisted with tires and/or gas and relocated to a location for resources out of Blythe. Enforcement action taken(Arrests and Warrants). 0 2 Traffic Detail: Citations issued for various traffic related violations. 3 4 Traffic enforcement vehicle stops resulting in warnings for 8 14 minor violations. Vehicles stored 4 4 -56 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT EHE MEETING DATE: April 8, 2025 SUBJECT: Acceptance Community Improvement Fund (CIF) Grant Award PRESENTED BY: Garth V. Dale, Chief of Police PREPARED BY: Garth V. Dale, Chief of Police RECOMMENDATION: Staff recommends the City Council authorize the Interim City Manager to accept and to expend funds in the amount of$40,000.00 provided by The Palo Verde Valley Community Improvement Fund to use toward officer safety equipment for the Blythe Police Department. FISCAL IMPACT: $40,000.00 grant for use toward purchasing officer safety equipment. BACKGROUND: Over the last three years, the Blythe Police Department has encountered more violent crime and large scale illegal narcotic trafficking. In response to this increasei in crime, the department has taken a proactive approach to enforcement. Saturation patrols, highway interdiction and long-term criminal investigations have been implemented and have led to an increase of arrests and seizures of narcotics and firearms. In 2024, over 460 arrests were made, and 67 firearms were confiscated. Often, these crimes lead to the service of high-risk search warrants which put officers in extreme danger, including dealing with wanted felons who are often armed and on drugs. Equipment is needed for these enforcement operations to be safer for the officers involved. This equipment includes, but is not limited to shields, heavy tactical vests, less lethal weapons and special communication gear. Staff have been searching for funding to obtain funding to purchase some of this important equipment. An application was made and approved by the Palo Verde Valley Community Improvement Fund and funding in the amount of$40,000.00 was awarded. STAFF REPORT: the Palo Verde Valley Community Improvement Fund has approved a grant in the amount of $40,000.00 to be used toward safety equipment for police officers. Staff requests The City Council authorize the Interim City Manager to accept and to expend funds in the amount of$40,000.00 provided by The Palo Verde Valley Community Improvement Fund. ATTACHMENTS: 1. the Palo Verde Valley Community Improvement Fund Application Approval -57 Palo Verde Valley Community Improvement Fund 203 EastHobsonway, Blythe, CA 92225 Phone 760-922-0077 Fax 760-922-0099 Board Members Jay Abbs March 31, 2025 Tim Cox Carolyn Dekens Blythe Police Department Jeff Gatchell Attn: Garth Dale Mike Hudson Jemey Mullion 240 N Spring St. Nisha Norolan Blythe, CA 92225 Brad Robinson Jason Rollo Re: CIF APPROVAL GRANT REQUEST George Thomas Kime Willams Dear Garth: As you know, the Blythe Police Department grant request totaling $40,000.00. was approved by the Board of Directors at their meeting on March 27, 2025. The grant is to be used to purchase safety equipment. Funds will be available as soon as you provide CIF with a memo or letter with the City Councels approval. Congratulations on your successful grant application. You are providing a valuable service to all the residents of this community. Ify you have any questions, please contact me at (760) 625-6066. Sincerely hlboe Bruce K. Wilson Chief Executive Officer PWV Community Improvement Fund CC: File -58 CITY OF BLYTHE Blythe CITY COUNCIL MEETING / a STAFF REPORT MEETING DATE: April 8, 2025 SUBJECT: Investment Report for Third Quarter Fiscal Year 2024-2025 March 31, 2025 PRESENTED BY: Christa Elms, City of Treasurer PREPARED BY: Christa Elms, City of Treasurer RECOMMENDATION: City Council accepts and files the Quarterly Investment Report. FISCAL IMPACT: None. STAFF REPORT: The City ofBlythe has for many years invested all excess cash (cash not needed for daily operations) for all City funds and the Successor Agency with the California State Local Agency Investment Fund (LAIF). LAIF offers the City and the Agency liquidity and safety. There are more profitable investment instruments on the market, but risk increases with yield. ATTACHMENTS: A. City of Blythe Quarter-end statement from LAIF B. City of Blythe Quarter-end statement for General Checking Account C. Successor Agency Quarter-end statement from LAIF D. Successor Agency Quarter-end statement for the Agency Checking Account E. Successor Agency Quarter-end statement from US Bank -59 California State Treasurer Fiona Ma, CPA Local Agency Inyestment Fund April 02, 2025 PO. Bor 942809 LATE Home Sacramento, CA94209-0001 PMIA Average (916) 653-3001 Monthly Mields CITYOE BLYTHE TREASURER 235 NORTH BROADWAY BLYTHE, CA 92225 Tran Type Definitione Acconnt Numbers March 2025 Statement Acconnt Smmmary Total Deposit: 0.00 Beginning Balance: 17,516,707.66 Total Withdrawal: 0.00: Ending Balance: 17,516,707.66 -60 Business Statement bank. us Account Number: P.O. Box 1800 Statement Period: Saint Paul, Minnesota 55101-0800 Mar 3, 2025 3952 TRN 5 Y STO1 through Mar 31, 2025 106481283498612 S Page 1 of 5 mll-p--PPN-MMi-Hr-i-ll-"- CITY OF BLYTHE GENERAL ACCOUNT 235 N BROADWAY To Contact U.S. Bank BLYTHE CA 92225-1609 Commercial Customer Service: 800-798-6466 U.S. Bank accepts Relay Calls Internet: usbank.com INFORMATION YOU SHOULD KNOW Effective May 19, 2025, please review updates made to the Your Deposit Account Agreement document which may affect your rights. Beginning April 14, 2025, you can review the full revised document at usbank.com"DAA.upcoming-version, by calling 24-Hour Banking at 800-USBANKS (872-2657) or by visiting your local U.S. Bank branch. We accept relay calls. Here's what you should know: Under Regulation CC, the following amounts for funds availability will be updated: o Int the Funds Availability: Your. Ability to Withdraw Funds All Accounts section Immediate Availability All Accounts subsection and Longer Delays May Apply subsection, in all instances, $225 will be updated to $275 by July 1, 2025 Longer Delays May Apply subsection and Special Rules for New Accounts Retail Consumer and Business Accounts subsection, in all instances, $5,525 will be updated to $6,725 by July 1, 2025 State Farm and Edward Jones product information, pricing information disclosure references and contact information are added throughout the document Under Electronic Fund Transfers for Consumer Customers, Types of Transactions section, Expanded Account Access subsection, added enrollment instructions Ify you have questions or need to request a copy of the current Your Deposit Account Agreement, visit usbank.com/tmtermsandconditions or please call your customer service team at the phone number listed at the top of this statement. CORPORATE CHECKING Member FDIC U.S. Bank National Association Account Number Account Summary # Items Beginning Balance on Mar 3 $ 7,148,606.28 Customer Deposits 25 102,919.30 Other Deposits 62 2,025,724.14 Other Withdrawals 55 2,472,597.83- Ending Balance on Mar 31, 2025 $ 6,804,651.89 Customer Deposits Number Date Ref Number Amount Number Date Ref Number Amount Mar 4 8314173976 911.49 Mar 10 8014635556 119.00 Mar 4 8314173970 2,339.03 Mar 11 8313495302 5,339.81 Mar 4 8314173972 2,739.71 Mar 11 8313495304 6,688.91 Mar 4 8314173974 4,155.92 Mar 11 8313493120 6,945.78 Mar 4 8314173968 5,088.63 Mar 11 8313495298 8,037.61 Mar 7 9212744043 375.00 Mar 11 8313495300 8,700.43 Mar 7 9212744042 565.06 Mar 18 8313565352 2,714.14 Mar 7 9212744041 1,927.50 Mar 18 8313565348 4,300.39 Products and services available in U.S. only. Eligibility requirements and restrictions apply. For additional information, contact a U.S. Bank branch or call 800-872-2657. -61 California State Treasurer Fiona Ma, CPA Local Agency Investment Fund April 02, 2025 PO: Bor 942809 LATE Home Sacramento, CA94209-0001 PMIAAverage Monthly (916).653-3001 Melds S/A CITY OF BLYTHE FOR BLYTHE REDEVELOPMENT AGENCY FINANCE OFFICER 235 NORTH BROADWAY BLYTHE, CA 92225 Tren Typel Definitione Acconnt Number: March 2025 Statement Account Smmay Total Deposit: 0.00 Beginning Balances 1.63 Total Withdrawal: 0.00 Ending Balance: 1.63 -62 Mechanics Bank* Statement Ending 03/31/2025 P.O. Box 2200 Corona, CA 92878 Page 1 of4 800.797.6324 www.mechanicbankcom Managing Your Accounts Client Services 800.797.6324 CITY OF BLYTHE Online wwwmechaniesbankcom SUCCESSOR AGENCY TO THE BLYTHE REDEVELOPMENT AGENCY Mobile Download: Our Mobile Apps 235 N BROADWAY BLYTHE CA 92225-1609 LIMITEDTIME OFFERTI BUSINESS Buye extra material or inventory for your busy season LINE OF Hirenew employees or promote your business CREDIT APR' Renovate/refresh; your location Prime-1% Upto $250,000 Beprepared for unexpected expenses A great rate to grow on! Improve cash flow management Allloans and credit products subject to! eligibility, collateral, underwriting approval andcredit approval. Offer is for new lines of credit Enans does not applyt to renewing lines of credit. Must have automatic payments from a Mechanics Bank non-interest bearing business checking account.. 1) Offer is effective as of 3/1/2025 and is subjectto change or cancellation without notice. Prime Rateis defined as"the! Prime Rate as published daily in the Moneyl Rates section of the Wall Street Journal." For the Apply today! current Prime Rate, talk toal banker or visit! httpslwww.y vaicomipudetsiuatons 2)F Represents borrower's new aggregated business credit exposure limits to qualify for advertisedpricing. MechanicsBank.com/BizBoost Summary of Accounts Account Type Account Number Ending Balance PUBLIC INTEREST CHECKING $2,638,588.85 PUBLIC INTEREST CHECKING - XXXXXXXX5899 Account Summary Interest Summary Date Description Amount Description Amount 03/01/2025 Beginning Balance $2,641,198.42 Interest Earned From 03/01/2025 Through 03/31/2025 1 Credit(s) This Period $22.43 Annual Percentage Yield Earned 0.01% 1 Debit(s) This Period $2,632.00 Interest Days 31 03/31/2025 Ending Balance $2,638,588.85 Interest Earned $22.43 Interest Paid This Period $22.43 Interest Paid Year-to-Date $60.84 Other Credits Date Description Amount 03/31/2025 INTEREST $22.43 Member NDER FDIC -63 -64 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT MEETING DATE: April 8, 2025 SUBJECT: Measure A Capital Improvement Plan for Fiscal Year 2026-2030 PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance RECOMMENDATION: Recommended Council take the following actions: 1. Adopt Blythe'sl Measure A Local Streets and Roads five (5) year Capital Improvement Plan (CIP) for fiscal years 2026-2030 as presented in Attachment A. 2. Approve for submission Blythe's Project Status Report for fiscal year 2024-2025 as presented in Attachment B. 3. Authorize the City Manager to execute Blythe's Maintenance of Efforts (MOE) Certification Statement as presented in Attachment C. 4. Authorize Director ofFinance to make minor amendments ifnecessary to the annual CIP report as per Riverside County Transportation Commission's procedures for fiscal year 2025-2026. FISCAL IMPACT: Estimated allocation of $711,000 in Measure A funds and an additional $566,810 in STIP Trade funds for fiscal year 2025-2026. BACKGROUND: On November 5, 2002, the Riverside County Transportation Commission (RCTC) proposed, and voters approved the extension ofa one-half percent local transaction and use tax referred to as "Measure A" for the purpose of funding transportation needs within the County ofRiverside. The tax was approved to extend for a period ofthirty (30) years. RCTC's Ordinance No. 02-001 provides for the imposition of the tax, the administration of the tax proceeds, and a county transportation expenditure plan that Blythe and other eligible entities within the County ofRiverside must adhere to, to be eligible to receive their proportionate share of revenue. STAFF REPORT: As per RCTC Ordinance No. 02-001 for the City of] Blythe to receive its proportionate share ofMeasure A tax revenues, it must annually meet the reporting requirements outlined within the ordinance which include: 1. Annual adoption and submission ofthe City's five (5) year Local Streets and Roads CIP which identifies estimated funding available and use of those funds. 2. Annual submission of the City's Project Status Report which outlines the status of expenditures approved for the current fiscal year. 3. MOE Certification which the City certifies to maintain its required base year amount of no less than $170,000 of local funds towards transportation needs. The proposed Local Streets and Roads CIP begins fiscal year 2025-2026 and extends through fiscal year 2029-2030. The report is for a period of five (5) years and is amendable annually in the event the Council makes project changes. -65 The attached plan includes: 1. County joint street resurfacing project - 6th Avenue end of road to Lovekin fiscal year 2025-2026 2. Street resurfacing - 7th Street fiscal year 2025-2026 3. Street resurfacing = Defrain from 10th Avenue to 4th Avenue fiscal year 2026-2027 and fiscal year 2027-2028 Upon Council's approval staff will remit required documents to RCTC by the deadline with a tentative Committee and Commission approval ofJune 2025. Ifapproved the City will begin to see its 2025-2026 Measure A funding allocations in September of 2025. ATTACHMENTS: A. 2026-2030 Local Streets and Roads five (5) year Capital Improvement Plan B. 2024-2025 Project Status Report C. Blythe Maintenance of Efforts Certification D. RCTC Measure A Program Allocation Projections -66 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FV2025/26 Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Dats: 3/31/2025 FY: 2023/24 Audited Measure A Balance: $2,144,562 FY: 2024/25 Measure A Revenue $757,000 Less: FY 2024/25 Project Status Report Expenses: $180,560 Estimated Prior Year Measure A Balance: $2,721,002 Estimated FY 2025/26 Measure A Allocation: $711,000 Estimated Measure A Available for FY 2025/26 Projects: $3,432,002 tem No. Project Name/limite Project Type Total Project Cost Measure A Funde 2026-01 Administrative Overhead Administrative Overhead/Indirect Costs $56,880 $56,880 2026-02 Asphalt Emulsion Oil/Base Material (annual stock) Preventive Maintenance $100,000 $100,000 2026-03 Outside Equipment Rental Preventive Maintenance $25,000 $25,000 2026-04 Design Only Street Resurfacing Project Street Resurfacing $300,000 $300,000 2026-05 6th Ave, End of Road to Lovekin Street Resurfacing $1,843,900 $1,277,090 2026-06 7th Street Street Resurfacing $750,000 $750,000 Total: $3,075,780 $2,508,970 -67 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FY 2025/26 - MEASURE A/STIP TRADE Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Dabe: 3/31/2025 Estimated Prior Year Measure A/STIP Trade Balance Plus Current Measure $566,810 A/STIP Trade: FY 2024/25 Project Status Report Expenses: $0 Estimated Measure A Availabie for FY 2025/26: $566,810 Ibem No. Project Name/Wmits Project Type Total Project Cost Measure A Funds 2026-01 6th Ave, End of Road tol Lovekin Street Resurfacing $1,843,900 $566,810 Total: $1,843,900 $566,810 -68 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FV2026/27 Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Date: 3/31/2025 Estimated Prior Year Measure A Balance: $923,032 Estimated FY: 2026/27 Measure A Allocation: $725,000 Estimated Measure A Available for FY 2026/27 Projects: $1,648,032 Item No. Project Name/umits Project Type Total Project Cost Measure A Funds 2027-01 Administrative Overhead Administrative Overhead/ndirect Costs $58,000 $58,000 2027-02 Asphait Emulsion Oil/Base Material (annual stock) Preventive Maintenance $100,000 $100,000 2027-03 Outside Equipment Rental Preventive Maintenance $25,000 $25,000 2027-04 Defrain from 10th Ave to 4th Ave Street Resurfacing $1,800,000 $1,000,000 Total: $1,983,000 $1,183,000 -69 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FY 2027/28 Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Date: 3/31/2025 Estimated Prior Year Measure A Baiance: $465,032 Estimated FY: 2027/28 Measure A Allocation: $740,000 Estimated Measure A Available for FY 2027/28 Projects: $1,205,032 item No. Project Name/umits Project Type Total Project Cost Measure AI Funde 2028-01 Outside Equipment Rental Preventive Maintenance $25,000 $25,000 2028-02 Asphalt Emulsion Oil/Base Material (annual stock) Preventive Maintenance $100,000 $100,000 2028-03 Administrative Overhead Administrative Overhead/Indirect Costs $59,200 $59,200 2028-04 Defrain from Oth Ave to 4th Ave Street Resurfacing $1,800,000 $800,000 Total: $1,984,200 $984,200 -70 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FY2028/29 Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Date: 3/31/2025 Estimated Prior Year Measure A Balance: $220,832 Estimated FY: 2028/29 Measure A Allocation: $755,000 Estimated Measure A. Available for FY: 2028/29 Projects: $975,832 item No. Project Name/umits Project Type Total Project Cost Measure AI Funds 2029-01 Administrative Overhead Administrative Overhead/Indirect Costs $60,400 $60,400 2029-02 Asphalt Emulsion Oil/Base Material (annual stock) Preventive Maintenance $100,000 $100,000 2029-03 Outside Equipment Rental Preventive Maintenance $25,000 $25,000 Total: $185,400 $185,400 -71 ATTACHMENT A MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM FY2029/30 Agency: Blythe Prepared by: Christa Elms Phone #: (760) 922-6161 Date: 3/31/2025 Estimated Prior Year Measure A Balance: $790,432 Estimated FY 2029/30 Measure A Allocation: $770,000 Estimated Measure A. Available for FY 2029/30 Projects: $1,560,432 Item No. Project Name/umits Project Type Total Project Cost Measure Al Funde 2030-01 Administrative Overhead Administrative Overhead/Indirect Costs $61,600 $61,600 2030-02 Asphalt Emulsion Oil/Base Material (annual stock) Preventive Maintenance $100,000 $100,000 2030-03 Outside Equipment Rental Preventive Maintenance $25,000 $25,000 Total: $186,600 $186,600 -72 ATTACHMENT B MEASURE A RCTC LOCAL STREETS AND ROADS PROGRAM PROJECTSTATUS REPORT TFY2024/25 Agency: Blythe Proparedby: Christa Elms Phone *: (760) 922-6161 Dats: 3/31/2025 Anticipated Measure A Total Funda Expended (Estthru Estimated/Actual Btem No. Project Name/umits Project Type Cost 08/ao/2026) Completion Status 2025-01 Administrative Overhead Administrative $84,400 $60,560 6/30/2025 Completed Overhead/Indirect Costs 2025-02 Asphalt Emulsion Oil/Base Material (annual stock) Preventive $100,000 $100,000 6/30/2025 Completed Maintenance 2025-03 Outside Equipment Rental Preventive $25,000 $0 6/30/2025 Compieted Maintenance 2025-04 Design Only Street Resurfacing Project Street Resurfacing $300,000 $10,000 6/30/2025 Project Advertised 2025-05 6th Ave, End of Road to Lovekin Street Resurfacing $1,843,900 $10,000 12/31/2025 Project Advertised Total: $180,560 Measure A/sTP Trade Projects Anticipated Measure A Tatal Fundel Expended (Est thru Eatimatad/Actual Item No. Project Name/Umits Project Type Coet 0s/30/2025) Completion statue 2025-01 6th Ave, End of Road to Lovekin Street Resurfacing $1,843,900 $0 12/31/2025 Project Advertised Total $0 -73 ATTACHMENT C FY 2025/26 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Blythe (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $170,000, approved by the Commission at its April 01, 2016 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction of loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: CITY MANAGER ATTEST: SECRETARY -74 ATTACHMENT D RIVERSIDE COUNIYITRANSPOHTAION COMMISSION MEASURE A LOCAL STREETS AND ROADS PROGRAM ALLOCATION (PROJECTION) FY2025/26 ORIGINAL (1/2025) FY 2025/26 FY2 2026/27 FY2027/28 FY2028/29 FY2 2029/30 Western County Local Streets & Roads BANNING $ 841,000 $ 858,000 $ 875,000 $ 893,000 $ 911,000 BEAUMONT 885.000 903,000 921,000 939,000 958,000 CALIMESA 304,000 310,000 316,000 322,000 328,000 CANYON LAKE 265,000 270,000 275,000 281,000 287,000 CORONA 5,460,000 5,569,000 5,680,000 5,794,000 5,910,000 EASTVALE 3,370,000 3,437.000 3,506,000 3,576.000 3,648,000 HEMET 2,572,000 2,623,000 2,675,000 2,729,000 2,784,000 JURUPA VALLEY 3,113,000 3,175,000 3,239,000 3,304,000 3,370,000 LAKE ELSINORE 2,117,000 2,159,000 2,202,000 2,246,000 2,291,000 MENIFEE 3,117,000 3,179,000 3,243,000 3,308,000 3,374,000 MORENO' VALLEY 5,967,000 6,086,000 6.208,000 6,332,000 6,459,000 MURRIETA 3,329,000 3,396,000 3,464,000 3,533,000 3,604,000 NORCO 897,000 915,000 933,000 952,000 971,000 PERRIS 2,701,000 2,755,000 2,810,000 2,866,000 2,923.000 RIVERSIDE 10,072,000 10,273.000 10,478,000 10,688,000 10,902,000 SAN. JACINTO 1,394,000 1,422,000 1,450,000 1,479,000 1,509,000 TEMECULA 3,944,000 4,023,000 4,103,000 4,185,000 4,269,000 WILDOMAR 939,000 958,000 977,000 997,000 1,017,000 RIVERSIDE COUNTY 8,782,000 8,958,000 9,137,000 9,320,000 9,506,000 WRCOG 1,328,000 1,355,000 1.355,000 1.382,000 1,410,000 SUBTOTAL-Westem County 61,397,000 62,624,000 63,847,000 65,126,000 66,431,000 Coachella Valley CATHEDRAL CITY 1,747,000 1,782,000 1,818,000 1,854,000 1,891,000 COACHELLA 740,000 755,000 770,000 785,000 801,000 DESERT HOT SPRINGS 587,000 599,000 611,000 623,000 635,000 INDIAN WELLS 315,000 321,000 327,000 334,000 341,000 INDIO 2,481,000 2,531,000 2,582,000 2,634,000 2,687,000 LA QUINTA 1,773,000 1,808,000 1,844,000 1,881,000 1,919,000 PALMDESERT 3,129,000 3,192.000 3,256,000 3,321,000 3,387,000 PALM SPRINGS 2,776,000 2,832,000 2,889,000 2,947,000 3,006.000 RANCHO MIRAGE 1,067,000 1,088,000 1,110,000 1,132,000 1,155,000 RIVERSIDE COUNTY 2,334,000 2.381,000 2,429,000 2,478,000 2,528,000 SUBTOTAL-Coacheld Valley 16,949,000 17.289,000 17,636,000 17,989,000 18,350,000 Palo Verde Valley BLYTHE 711,000 725,000 740,000 755,000 770,000 RIVERSIDE COUNTY 189,000 193,000 197,000 201,000 205,000 SUBTOTAL-Paio Verde Valley 900,000 918.000 937,000 956,000 975,000 TOTAL 1 79,246,000 $ 80,831,000 $ 82.420,000 $ 84,071,000 $ 85,756,000 Administrative costs are ollocated in accordance with a cost allocation plan on a quarterly basis. Accordingly, thel Measure A allocations to each geographic area by program will be reduced fors such quarterly cost allocations. Note: Estimate for planning purposes, subject to change and rounding differences. -75 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT MEETING DATE: April 8, 2025 SUBJECT: Annual Military Equipment Report Pursuant to Assembly Bill 481 PRESENTED BY: Garth V. Dale, Chief of Police PREPARED BY: Garth V. Dale, Chief of Police Brittany E. Roberto, City Attorney RECOMMENDATION: Itis recommended that the City Council receive and file the Annual Military Equipment Report. FISCAL IMPACT: None. BACKGROUND: On September 30, 2021, Governor Gavin Newsom signed Assembly Bill 481 ("AB 481") into law, which became effective January 1, 2022. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481, codified at Sections 7070 through 7075 of the California Government Code, requires California law enforcement agencies to obtain approval from their governing bodies of military equipment use policies prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022. The term "military equipment'is defined in California Government Code Section 7070 and includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, certain firearms and ammunition, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The items considered to be "military equipment" by AB 481 are employed by many law enforcement agencies across the country to enhance citizen and officer safety. Pursuant to AB 481, the military equipment use policy must be adopted by ordinance at a regular meeting of the City Council. AB 481 requires that the proposed policy be provided to the City Council and posted on the City's website for at least 30 days prior to the public meeting at which the policy is considered. Once adopted, AB 481 requires annual review and renewal of the ordinance, annual reporting on the military equipment identified in the policy, and an annual community engagement meeting regarding the annual report. AB 481 requires that the annual military equipment report include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of1 how the military equipment was used and the purpose ofits use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military -76 equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofr military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission ofthe annual military equipment report. (5) The quantity possessed for each type of fmilitary equipment. (6) Ifthe law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. STAFF REPORT: On May 10, 2022, the City Council adopted Ordinance No. 915-22, adopting a Military Equipment Use Policy ("Policy") governing the use ofitems that are deemed "military equipment" under AB 481. On August 8, 2023, the City Council adopted Ordinance No. 922-23, amending the Policy to amend the military equipment inventory list. On July 9, 2024, the City Council adopted Ordinance No. 930-24, amending the Policy to amend the military equipment inventory list. The City's Policy includes eight categories of "military equipment" listed in AB 481. The Policy also contemplates use of military equipment owned by other law enforcement agencies. The Police Department has prepared an Annual Military Equipment Report ("Annual Report") in accordance with AB 481 and the Policy. The Annual Report is attached to this staff report as Attachment 1. Pursuant to AB 481 and the Policy, the Police Department has scheduled a community engagement meeting for April 15, 2025 at 9:30 AM in the City Council Chambers to discuss the report and respond to questions from the public regarding the funding, acquisition, or use of military equipment. As outlined above, AB 481 also requires that the City Council annually review and renew the ordinance adopting the military equipment use policy. The Police Department has identified additional items that are considered "military equipment" under AB 481. To comply with AB 481, the Police Department intends to propose an amended military equipment use policy for the City Council's consideration at the May City Council meeting. ATTACHMENTS: 1. Annual Military Equipment Report -77 Blythe Police Department AB 481 Annual Military Equipment Report Assembly Bill 481 ("AB 481"), codified at Sections 7070 through 7075 of the California Government Code, requires law enforcement agencies to obtain approval from their governing bodies of military equipment use policies before purchasing, raising funds for, or acquiring military equipment. This initial policy must be passed via ordinance and reviewed and renewed by the governing body each year. AB 481 provides an expansive definition of "military equipment" that includes many items which law enforcement agencies use, deploy, and obtain on a regular basis. The law enforcement agency is required to return annually to provide an annual military equipment report ("Annual Report") to the governing body and the public at large. The agency is also required to host a community engagement meeting for members of the public to attend. On May 10, 2022, the City Council of the City of Blythe adopted Ordinance No. 915-22 adopting a Military Equipment Use Policy ("Policy") governing the use of items that are deemed "military equipment" under AB 481. The Policy was effective as of June 10, 2022. On August 8, 2023, the City Council adopted Ordinance No. 922-23, amending the Policy to amend the military equipment inventory list. On July 9, 2024, the City Council adopted Ordinance No. 930-24, amending the Policy to amend the military equipment inventory list. Since the initial adoption of the Policy, the Blythe Police Department (BPD) has successfully maintained the military equipment in accordance with the Policy. This Annual Report has been prepared in accordance with California Government Code section 7072(a). The BPD will host a community engagement meeting on April 15, 2025, from 9:30 AM to 10:30 AM, in the City Council Chambers, located at 235 N. Broadway, Blythe, CA. The following constitutes the BPD's Annual Report: (i) Armored Vehicles 2000 Dodge Peacekeeper Armored Rescue Truck (a) Use of Equipment: Used for rescue and the safe service of search warrants. However, this vehicle has been replaced and is awaiting transfer to the federal government. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade, and other ongoing costs): $1,300. () Funding source for 2025: General Fund. (e) Quantity: 1 (f) Acquisition Plans for Upcoming Year: None. 2010 Oshkosh Defense Mine-Resistant Ambush Protected (MRAP) All-Terrain Vehicle (M-ATV) (a) Use of Equipment: Used for safe service of search warrants, providing cover for officers, river patrol, and community outreach. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. Annual Military Equipment Report - AB 481 April 2025 Page 1 of 6 -78 Blythe Police Department (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): $1,000. (i) Funding source for 2025: General Fund. (e) Quantity: 1 (f) Acquisition Plans for Upcoming Year: None. (ii) Command and Control Vehicles 2009 Eagle Command Post (a) Use of Equipment: Used as a command post in community events, crime scenes and special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade. and other ongoing costs): $2,450.00. () Funding source for 2025: General Fund. (e) Quantity: 1 (f) Acquisition Plans for Upcoming Year: None. (r)Unmanned Aircraft System (UAS) DJI Mavic 2 Enterprise Advanced (a) Use of Equipment: Search and rescue, suspect search, search warrant observation, and river patrol. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade. and other ongoing costs): $1,800.00. (1) Funding source for 2025: General Fund. (e) Quantity: 3 Acquisition Plans for Upcoming Year: None. DJI Matrice 30T (a) Use of Equipment: Search and rescue, suspect search, search warrant observation, and river patrol. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition. personnel, training, transportation, maintenance. storage. upgrade. and other ongoing costs): $2,200.00 for data services. () Funding source for 2025: General Fund. (e) Quantity: 1 () Acquisition Plans for Upcoming Year: The Police Department intends to apply for grant funding to add 3 additional DJI Matrice 30T UAS in the next year. Annual Military Equipment Report - AB 481 April 2025 Page 2 of 6 -79 Blythe Police Department DJ Avata (a) Use of Equipment: Search and rescue, suspect search, search warrant observation, and river patrol. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs) ): $1,000.00. () Funding source for 2025: General Fund. (e) Quantity: 3 (f) Acquisition Plans for Upcoming Year: None. (iv)Firearms Colt enhanced/select fire patrol rifles (a) Use of Equipment: Patrol and special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade, and other ongoing costs): Approximately $2,200.00. () Funding source for 2025: General Fund. (e) Quantity: 28 (f) Acquisition Plans for Upcoming Year: None. B&T 9mm select fire rifles (a) Use of Equipment: Special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade, and other ongoing costs): Approximately $1,000.00. (i) Funding source for 2025: General Fund. (e) Quantity: 4 (f) Acquisition Plans for Upcoming Year: None. 9mm Glock 18 pistols (a) Use of Equipment: Special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance. storage, upgrade. and other ongoing costs): Approximately $200.00. () Funding source for 2025: General Fund. (e) Quantity: 2 (f) Acquisition Plans for Upcoming Year: The Police Department intends to acquire 2 additional Glock 18s. Annual Military Equipment Report - AB 481 April 2025 Page 3 of 6 -80- Blythe Police Department Remington 870 shotguns, converted to less lethal green stocks for identification purposes (a) Use of Equipment: Patrol and special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs) ): Approximately $200.00. (1) Funding source for 2025: General Fund. (e) Quantity: 15 (f) Acquisition Plans for Upcoming Year: None. Heckler & Koch MP5 9mm (a) Use of Equipment: Special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): $1,000.00. (i) Funding source for 2025: General Fund. (e) Quantity: 4 (f) Acquisition Plans for Upcoming Year: The Police Department intends to acquire 3 additional MP5 select fire rifles. Ruger Mini 14 AC-556 (a) Use of Equipment: Special operations. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training. transportation, maintenance. storage. upgrade, and other ongoing costs): $100.00. () Funding source for 2025: General Fund. (e) Quantity: 1 (f) Acquisition Plans for Upcoming Year: None. (v) Ammunition CTS Model 2581 Super Sock Bean Bag Rounds (a) Use of Equipment: Less lethal use. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition. personnel, training, transportation, maintenance. storage. upgrade. and other ongoing costs): Approximately $700.00. () Funding source for 2025: General Fund. (e) Quantity: 50 (f) Acquisition Plans for Upcoming Year: The Police Department intends to purchase 100 rounds for training and stock rotation. Annual Military Equipment Report - AB 481 April 2025 Page 4 of 6 -81 Blythe Police Department (vi)Breaching Apparatuses Remington 870 Shotgun with breaching type barrel (a) Use of Equipment: Door breaching. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): None. () Funding source for 2025: General Fund. (e) Quantity: 2 (f) Acquisition Plans for Upcoming Year: The Police Department intends to acquire 2 additional breaching shotguns. Defense Technology Breaching Rounds (a) Use of Equipment: Door breaching. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance storage, upgrade, and other ongoing costs): Approximately $700.00. () Funding source for 2025: General Fund. (e) Quantity: 30 (f) Acquisition Plans for Upcoming Year: The Police Department intends to purchase 100 rounds for training and stock rotation. (vii) Flash Bang Grenades Defense Technology Non-Reloadable Distraction Device (a) Use of Equipment: Distraction. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition. personnel, training, transportation, maintenance. storage, upgrade, and other ongoing costs): Approximately $1,200.00. () Funding source for 2025: Asset Forfeiture Fund. (e) Quantity: 100 (f) Acquisition Plans for Upcoming Year: The Police Department intends to purchase 25 for training and stock rotation. (vili) Pepper Ball Carbines and Pepper Balls Pepper Ball Carbines (a) Use of Equipment: Less lethal use. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition. personnel, training, transportation, maintenance storage, upgrade. and other ongoing costs): $8,000.00. () Funding source for 2025: General Fund. (e) Quantity: 4 (f) Acquisition Plans for Upcoming Year: None. Annual Military Equipment Report - AB 481 April 2025 Page 5 of6 -82. Blythe Police Department Pepper Balls (a) Use of Equipment: Less lethal use. (b) Concerns and Complaints Received: None. (c) Internal Audit Results and Response: None. (d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance storage, upgrade, and other ongoing costs): None. (i) Funding source for 2025: General Fund. (e) Quantity: 2,000 (f) Acquisition Plans for Upcoming Year: The Blythe Police Department intends to purchase 2,000 pepper balls. Annual Military Equipment Report - AB 481 April 2025 Page 6 of6 6 -83 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT A7S MEETING DATE: April 8, 2025 SUBJECT: Adoption of 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 PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Brittany Roberto, City Attorney RECOMMENDATION: It is recommended the City Council adopt 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'S6TH CYCLE HOUSING. ELEMENT; INCLUDING. ADDINGA. 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 INTHE R-M AND R-HZ 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 (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONI 15061(B)(3) (COMMONSENSE 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 oft the 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. 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. On March 11, 2025, the City Council conducted a public hearing and introduced proposed Ordinance No. 935-25. Staff recommends that the City Council adopt Ordinance No. 935-25. ATTACHMENTS: -84 1. Ordinance No. 935-25 -85 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 Paae 1 of 42 -86 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. Admnsralvepolessona 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 -87: 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 -88 Apartment. "Apartment" means a room or suite of two or more rooms in a multple-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, woormore-bedrom. 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 of a 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 -89 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." 3 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 -90 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 Pade 6 of 42 -91 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 of 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. Ordinance No. 935-25 Page 7 of 42 -92 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 -93 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. "Cour!" 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 -94. 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 -95 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 instftutions/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 Pane 11 of 42 -96 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 Pane 12 of 42 -97 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 Paae 13 of 42 -98 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. 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 Pade 14 of 42 -99 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 Pade 15 of 42 -100 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 -101 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 -102 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 Pade 18 of 42 -103 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. 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 Paae 19 of 42 -104 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. "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 -105 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. A 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 -106 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. 1 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 -107 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 -108 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/facilties" 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. Recreationalftness 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 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. Ordinance No. 935-25 Page 24 of 42 -109 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 homé. "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 Ordinance No. 935-25 Paae 25 of 42 -110 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. 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, 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 or it may not be an integral part of the building. Ordinance No. 935-25 Page 26 of 42 -111 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 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. Ordinance No. 935-25 Page 27 of 42 -112 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 iliness, 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 ofthe 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 -113 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.") Warehousinglwolesaling. 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 Ordinance No. 935-25 Page 29 of 42 -114 agricultural supplies. Bulk storage of fertilizers derived from Ivestock/anima 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 BusinesesDlspensanes, 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 -115 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/Quasl-Public category. All other provisions remain the same. 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 /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 (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 [3] X X X X X Supportive Housing X X X Homeless [4] 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 [1) 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. [41 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 -116 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 Paae 32 of 42 -117 1. One parking space per unit for studio and one-Dedroom 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 -118 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 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 -119 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 ofthe housing development at the permitted densities Qr 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 fori 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. 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. If an 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 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. 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 Ordinance No. 935-25 Page 35 of 42 -120 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 Government Code section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. Ordinance No. 935-25 Page 36 of 42 -121 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-specific 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. Ithas 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 -122 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 -123 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 -124 17.63G.040 - APpicationprocessing 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 appliçation 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 Pade 40 of 42 -125 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 oft 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 -126 PASSED, APPROVED AND ADOPTED this 8th day of April, 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 Pane 42 of 42 -127 CITY OF BLYTHE Blythe CITY COUNCIL MEETING a SH STAFF REPORT MEETING DATE: April 8, 2025 SUBJECT: Adoption of 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 PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance Brittany Roberto, City Attorney RECOMMENDATION: It is recommended the City Council adopt Ordinance No. 938- 25: ORDINANCE NO. 938-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING PROVTSIONS 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 Ordinance is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) oft the CEQA Guidelines. FISCAL IMPACT: None. BACKGROUND: In June 2021, the City adopted Ordinance No. 905-21 to repeal and replace Chapter 2.65 of the 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 ofthe 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 of the BMC, the City established bidding limits pursuant to limits set by law within Section 22032 ofthe Public Contract Code (PCC), which is part of the California Uniform Public Construction Cost Accounting Act. To keep uniformity in provisions relating to general purchases set forth in Chapter 2.65 of the BMC with those provisions relating to public works projects, the City adopted spending authority and policies and procedures -128 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 of Contract/Purchase Value of Contract/Purchase Who Has Authority to Order - Current Order - Proposed Approve/Execute? 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 ofVehicles Typically, the purchases of vehicles 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 of Chapter 2.65. Requirements of Chapter 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 Manager 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 oft 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 of the BMC outlines the procedures for abating public nuisances, including authorizing the City or its contractor to abate a public -129 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. Complying with competitive bidding requirements often delays the ability of the City to move forward with abating declared public nuisances, as the process typically takes a few months. To enable the City 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 of the BMC currently allows the Purchasing Agent, with the approval of the 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 ofu upt 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 of surplus 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. At the March 11, 2025 City Council meeting, the City Council introduced Ordinance No. 938- 25. Staff recommends that the City Council adopt Ordinance No. 938-25. ATTACHMENTS: 1. Ordinance No. 938-25 -130- 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 Pane 1 of 6 -131 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 staffs 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 -132. 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, materiais, 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: Ordinançe No. 938-25 Page 3 of 6 -133 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. 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 of6 -134 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 of6 -135- 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 8th day of April, 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 of6 -136 PUBLIC HEARING -137 CITY OF BLYTHE Blythe CITY COUNCIL MEETING - STAFF REPORT 1 MEETING DATE: April 8, 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 Attorney 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 PARCELS ANDADDINGA NEW 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 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 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 of the 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 affordable 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 idéntified in the 4th and 5th -138 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 is proposed for adoption at the April 8, 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. On February 26, 2025, the City published a notice of public hearing regarding the review of proposed Ordinance No. 937-25 for the March 11, 2025 City Council meeting. On March 11,2 2025, the City Council, acting as the City's Planning Agency, continued the public hearing to April 8, 2025. 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 -139 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 and April 8, 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 of3 -140 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 of3 -141 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 -142 Existing Zoning: High-Density Residential (R-H) EXHIBIT A New Zoning: High-Density Residential (R-H)/HEO 390 400 380 378 340 - 535 401 WBarnard St WBarnard St WBarnard 450 200 500 -143 CITY OF BLYTHE Blythe CITY COUNCIL MEETING -7 STAFF REPORT EN MEETING DATE: April 8, 2025 SUBJECT: Categorical Exemption for the Ocean Pacific Energy Company Compressed Natural Gas Fueling Station and Power Generation Project Pursuant to CEQA Guidelines $15332. PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Subsequent to the public hearing, it is recommended Council direct staff to file a Notice of Exemption for a Categorical Exemption pursuant to CEQA Guidelines Section 15332 for an in-fill development project for the Ocean Pacific Energy Company Compressed Natural Gas Fueling Station and Power Generation project. FISCAL IMPACT: None. BACKGROUND: Ocean Pacific Energy Company (OPE) has applied to the City of Blythe for approval to build and operate a retail compressed natural gas (CNG) heavy duty vehicle fueling station. The proposed project would be located on a leased 4.85-acre site within aj property of78.48 acres south ofInterstate 10 and east ofU.S. Route 95. The project site is more specifically described as APN 869-210-012 and is known as the location of the WattEV Electric Vehicle Charging Station Project. The fueling station will serve primarily heavy duty CNG vehicles and will offer public retail and behind the fence fueling. OPE intends to obtain primarily renewable natural gas for most of the transportation fuel dispensed. SoCalGas supplied RNG will be sourced from dairy farms and similar sources and will have a negative carbon score. The RNG will be transported to the fueling station through an underground utility pipeline, with onsite storage. The fueling facility will compress fuel prior to dispensing to vehicles. Construction is expected to occur from May 2025 through February 2026. The General Plan and zoning land use designation is General Commercial (C-G) which does allow for the development ofvehicle fueling stations. The site is presently vacant. Surrounding land uses include the approved WattEV Charging Station and Interstate 10 to the north, a Hampton Inn Hotel to the north, a residential apartment complex to the northeast and agricultural lands to the south and west. The balance of the surrounding parcel to the west and south was utilized as a dump and transfer station until it was closed in the early 1980s. The project site is entirely within the City of Blythe and will connect to city utility services. STAFF REPORT: As the Lead Agency under the California Environmental Quality Act (CEQA), the City has undertaken preliminary review and determined that thej proposed development qualifies -144 for a Categorical Exemption from the provisions of CEQA pursuant to CEQA Guidelines Section 15332 as an in-fill development project. 15332. In-Fill Development Projects: (a) Theproject is consistent with the applicable general plan designation and dall applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site ofno more thanfive acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d). Approval ofthe project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. The City's General Plan land use and zoning classification on the subject project siteis C-G, General Commercial which does allow operation of a wide variety of retail businesses, including vehicle fueling and charging stations. Therefore, the project is determined to be consistent with the applicable general plan designation and general plan policies and with the City's zoning designation and regulations. The proposed CNG fueling station and power generation project is located entirely within the City of Blythe on a 4.85-acre project site. The site is surrounded by a variety of commercial and residential uses. The site lies within the perimeter ofCity core lands which have been developed in urban uses for decades. The site and surrounding lands have been in urban uses for decades, including residential and commercial development, and regional transportation corridors (U.S. Highway 95 and Interstate 10). The project site is not located in proximity to any wetlands, wildlife refuge, or lands protected under a special habitat conservation management plant. The project site does not have the habitat value to support any sensitive species, particularly compared to nearby irrigated agricultural lands and the Colorado River Corridor. It is determined that the site has no meaningful habitat value for any special-status species, and that a standard measure imposed by the City for protection of nesting birds is applicable as a condition ofconstruction approval and provides adequate species protection for construction at this project site. The proposed project is a relatively small fueling station. A traffic analysis was prepared and reported the CNG fueling station would generate up to 501 two-way vehicle trips per day. Project related trips will generatel low volume traffic on roadway segments within the City that operate well below capacity and do not experience congestion under existing conditions. Noise generating equipment for the CNG compressors, including micro turbines, operate at low levels estimated to be approximately a maximum of 70 to 75 decibels. CNG/RNG vehicles are also quiet and produce approximately 10 decibels less noise than the diesel trucks they are replacing. The nearest noise sensitive land uses include the Hampton Inn and Suites located approximately 1,000 feet north ofthe microturbines and the Casa Encinas at River Heights Apartment Complex located approximately 2,000 feet northeast. Natural noise attenuation at those distances will diminish the sound of the microturbines to less than 50 decibels, essentially non-detectiblelevels. As part ofthe assessment of the proposed project a technical analysis of air quality and greenhouse gas emissions was prepared. -145 Intermittent construction emissions that occur from activities such as grading, microturbine installation, and CNG fueling station construction were evaluated. Long term operational emissions would occur from mobile vehicles and natural gas generators. The analysis concludes that construction ofthe project would be below all MDAQMD significance thresholds and would adhere to thei required BMPs ensuring a less than significant impact. The operation ofthe project would be below all MDAQMD significance thresholds and would not significantly contribute to air pollution or deteriorate local air quality conditions. All air quality and GHG emissions impacts would be less than significant for CEQA purposes. During construction, grading and excavation for pipelines and utilities can result in erosion and discharge of soils off site. The project will be required to develop and implement a project-specific Stormwater Pollution Prevention Plan designed to reduce potential adverse impacts to surface water quality during construction. Operation water use will be minimal, including a closed loop microturbine cooling system and landscape irrigation system. No part ofthe project will result in the discharge of any contaminates that could affect local or regional water quality. Therefore, the project will not result in any significant effects on water quality. City water and sewer lines extend to the property, and connection will be done subject to review and approval of the City Engineer. There is capacity in the City's system to serve this project. Frontier Communications and Direct TV provide cable, satellite, and internet services and will serve the project with communication services. The City will provide Police and Fire services. Waste disposal is provided throughout the City under contract with CR&R Inc., including this project site. It is determined that the site can be adequately served by all required utilities and public services. Based upon review ofCEQA guidelines, the City has determined that the proposed project has no conditions as defined in CEQA Guidelines 15300.2 that would make it ineligible for the applicable categorical exemption. Therefore, the proposed project is categorically exempt from CEQA as defined in section 15332 ofthe CEQA Guidelines. The Notice of Exemption will be filed with the County Clerk following City Council approval. ATTACHMENTS: 1. Notice of Exemption 2. Project Site Map and Site Plan -146 NOTICE OF EXEMPTION TO: FROM: Riverside County Clerk City of Blythe 2724 Gateway Drive 235 N. Broadway Riverside, CA 92507 Blythe, CA 92225 (951) 486-7000 Attn: Mallory Crecelius Interim City Manager and City Clerk (760) 922-6161 Project Title: Ocean Pacific Energy CNG Fueling Station Project Project Location: South of Interstate 10 and east of Intake Boulevard/State Route 95 in the City of Blythe Assessor's Parcel Number 869-210-012, NW Portion, Section 3, T75, R 23 E, SBB&M, USGS Blythe Quadrangle, 7.5-minute Series; 33°36'09.81" N Lat., 114'3411.37" W Long., (Approximate center of site.) Description of Nature, Purpose and Beneficiaries of Project: Ocean Pacific Energy Company (OPE) will build and operate a retail compressed natural gas (CNG) fueling station on a leased 4.85-acre site. The station will serve primarily heavy duty CNG fueled vehicles. OPE intends to obtain primarily renewable natural gas (RNG) for most of the transportation fuel dispensed. The RNG will be transported to the fueling station through an underground utility pipeline, with onsite storage. The project also includes three natural gas microturbines on site that will supply all necessary electrical powerto the project. Site operations would be consistent with the City's General Plan and zoning land use designation of "General Commercial". Primary beneficiaries include the applicant and the City of Blythe. Name of Public Agency Approving Project: City of Blythe Approved by City Council April 8, 2025 Name of Person or Agency Carrying Out Project: City of Blythe Exempt Status: Ministerial (Sec. 21080(b)(1); 15268 Declared Emergency (Sec. 21080(b)(3); 15269(a) Emergency Project (Sec. 21080(b)(4); 15269(b)(c) Categorical Exemption: State type and section number: Infill Development Projects, 2025 CEQA Guidelines $15332 Statutory Exemption: State code number: Reasons why project is exempt: The proposed project meets all criteria for exemption from CEQA as defined in the CEQA Guidelines $15332, with citation to Section 21083, Public Resources Code, and reference to Section 21084 Public Resources Code, and has no features or characteristics that would qualify as exceptions to the exemption. Lead Agency Contact Person: Mallory Crecelius Interim City Manager / City Clerk (760) 922-6161 Lead Agency Signature: Date: April 9. 2025 Date received for filing at County Clerk: April 9, 2025 2025 CEOA Guidelines Appendices. Appendix E: Notice of Exemption -147 NOLVENSO 83MOd HIM NOUVIS ONIDNE OND a 3 DE 210-012-698 Ndv vo HLAT8 I AE LIVM - R a E B I : - E 2 8 E I E B B 3 E a 5 - : a 8 8 e 1 : 5 B 6 S B i à I E e - I a 1 I - a I - - I 8 1 e I 8 B 8 3 B B I a 1 5 : 06 e a @ 086 e eos e e e & 22H E 25 I 9 1 à & A 55 8 EXMINIS S DE Bi E; -148 a a - Auppae AO - Husg - N fald -149 NEW BUSINESS -150 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT SED MEETING DATE: April 8, 2025 SUBJECT: Report on Emergency Action Taken by Interim City Manager for the Emergency Sinkhole and Manhole Repairs at N. Broadway and Juniper Trail PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council review the emergency action taken by the Interim City Manager for the emergency sinkhole and manhole repairs at N. Broadway and Juniper Trail. Iti is further recommended that the Council authorize the Interim City Manager to accept the work when completed to the satisfaction of Public Works Department staff, and authorize the City Clerk to file the Notice ofCompletion upon such acceptance and to release project bonds once appropriate. FISCAL IMPACT: $130,163.00 from the sewer utility fund. BACKGROUND: On the evening of March 26, 2025, it was brought to staff's attention by a resident that the pavement near a manhole on N. Broadway at Juniper Trail was caving and cracking. On March 27, 2025, staff evaluated the area and subject manhole. An empty space under the roadway was discovered. Public Works barricaded the area and pumped the manhole and sewer line to remove dirt and debris to maintain flow in the City's sewer system. Once the lines were clear, staff pumped the inlet coming from the south manhole which was also filled with dirt and debris. It was determined cracking and caving of the pavement was being created by the collapsed manhole. Staff determined the following work was required to repair the manhole and roadway paving along with the: rehabilitation ofthe failing manhole directly south oft the failed manhole: Broadway and Juniper Manhole: Pump and haul wastewater on a 24-hour basis from the collection system upstream to a dump location at a manhole located downstream of the work area Saw cut and demolition of the existing asphalt for excavation Blast and prepare the manhole for rehabilitation Cast in place manhole rehabilitation for shafting Rehabilitate manhole base and channels Install new eccentric cone with 30" opening and new ring cover Coat with 125 mils of DuraPlate 6100 epoxy and spark testing Restore street to match existing pavement Manhole South of Juniper Trail on Broadway: Blast and prepare manhole for rehabilitation -151 Rehabilitate base, channels and shafting Coat with 125 mils of DuraPlate 6100 epoxy and spark testing Public Contract Code section 1102 defines an "emergency" as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment oflife, health, property, or essential public services." Per Section 2.66.070(B) of the Blythe Municipal Code (BMC) and the City's Purchasing Policy, in cases of emergency, when it is impractical to convene a meeting of the City Council, the City Manager is authorized to order the repair or replacement of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. If the City Manager takes such action, the City Manager is required report to the City Council at its next regularly scheduled meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. The collapsed manhole on N. Broadway at Juniper Trail could result in sewage leaks, which are aj public health and safety issue and could result in fines from the State. The sinkhole in the roadway caused by the failed manhole also posed a health and safety issue. On March 27, 2025, the Interim City Manager determined the failed manhole and sinkhole constituted an emergency, as defined by Public Contract Code section 1102, and directed staff to move forward with the repairs. Staff obtained a quote from Robert Yates dba Cholla Construction for the above-described work. An agreement was prepared by the City Attorney on March 28, 2025. The agreement was executed, and the contactor commenced work on the emergency repairs on March 29, 2025. As ofthe publishing of this staff report, the work is almost complete. STAFF REPORT: Pursuant to Section 2.66.070(b) of the BMC and Public Contract Code section 22050(b)(3), the Interim City Manager is required to report to the City Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to response to the emergency As outlined above, the emergency action is necessary because there was a need to repair the failed and failing manholes and repair the street immediately to protect public health and safety and to avoid potential fines from the State. Further, ift the City followed competitive bidding requirements for the repair work, it would take approximately 2-3 months before a contractor would start the repairs. Therefore, the emergency will not permit a delay resulting from a competitive solicitation for bids. Therefore, it is recommended Council review the emergency action forthe emergency sinkhole and manhole repairs at N. Broadway and Juniper Trail. It is further recommended that the Council authorize the Interim City Manager to accept the work when completed to the satisfaction of Public Works Department staff and authorize the City Clerk to file the Notice of Completion upon such acceptance and to release project bonds once appropriate. ATTACHMENTS: 1. Agreement between City and Robert Yates dba Cholla Construction -152 CITY OF BLYTHE PUBLIC WORKS AGREEMENT FOR EMERGENCY SINKHOLE AND MANHOLE REPAIRS AT BROADWAY AND JUNIPER TRAIL THIS PUBLIC WORKS AGREEMENT ("Agreement"), dated March 29, 2025 ("Effective Date"), is made by the CITY OF BLYTHE, a municipal corporation ("City"), and ROBERT YATES, an individual DBA CHOLLA CONSTRUCTION ("Contractor"). WHEREAS, pursuant to Section 2.66.070(B) of the Blythe Municipal Code, when it is impractical to convene a meeting of the City Council, the City Manager has the power to order the repair or replacement of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, on March 27, 2025, the Interim City Manager determined an emergency, as defined in California Public Contract Code section 1102, exists at the intersection of N. Broadway and W. Juniper Trail due a failed manhole and adjacent sinkhole; and WHEREAS, as authorized by Section 2.66.070(B) of the Blythe Municipal Code, the Interim City Manager ordered the repair of the failed manhole and adjacent sinkhole, including repairs to the manhole south of the failed manhole; and WHEREAS, City desires to contract with Contractor to furnish construction and related services for the emergency repairs described below under Paragraph 1, Scope of Work (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. The work (the "Work") consists of performing repairs to the failed manhole and adjacent sinkhole in the intersection of N. Broadway and W. Juniper Trail and repairs to the manhole south of the failed manhole. The Work includes the following work at N. Broadway and W. Juniper Trail: providing a vacuum tanker truck on a 24-hour basis to pump and haul wastewater from collection system upstream, and dumping such wastewater at a manhole downstream as designated by City; saw cutting and demolition of existing asphalt for excavation; blasting and preparing the manhole for rehabilitation; casting in place manhole rehabilitation of shafting; rehabilitating manhole base and channels; installing new eccentric cone with 30" opening and new ring and cover; coating with 125 mils of DuraPlate 6100 epoxy and spark testing; and restoring street structural section and permanent AC patch to match existing. The Work also includes the following work at the manhole south of W. Juniper Trail and N. Broadway: blasting and preparing the manhole for renabiitation; rehabilitating base, channels and shafting; and coating with 125 mils of DuraPlate 6100 epoxy and spark testing. 1 Form Updated 11-30-23 -153 The Work shall be performed in açcordance with the City's specifications and as directed by the City's Project Manager. The Work is further described in the "Contract Documents" referred to below. The Project is known as the Emergency Sinkhole and Manhole Repairs at Broadway And Juniper Trail Project. 2. CONTRACT DOCUMENTS. The complete Agreement consists of the following documents relating to the Project: (a) This Agreement; (b) Contractor's proposal, attached hereto as Exhibit A and incorporated herein; (c) Faithful Performance Bond and Labor and Material Bond, including agent's Power of Attorney for each bond; and (d) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction ("The Greenbook"). The Greenbook is incorporated by this reference as if fully set forth herein. The documents comprising the complete Agreement will be referred to as the "Contract Documents. n All of the Contract Documents are intended to complement one another, sO that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents. In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook. The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations. 3. CITY'S REPRESENTATIVE The City's Representative is Mirasol Elegores, referred to herein as the "City's Project Manager." 4. CONTRACTORS PROJECT MANAGER: PERSONNEL. (a) Project Manager. Contractor's representative is Rob Yates, referred to herein as "Contractor's Project Manager.' . Contractor's Project Manager shall represent Contractor and be Contractor's 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 2 Form Updated 11-30-23 -154 assigned to perform jwork under this Agreement. Contractor shall remove personnel from performing work under this Agreement if requested to do sO by City. This Paragraph 4 is a material provision of the Agreement. 5. SCHEDULE. All Work shall be performed in accordance with the schedule agreed to by City's Project Manager. 6. EQUIPMENT - PERFORMANCE OF WORK. Except as otherwise set forth herein, Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents. The equipment, apparatus, facilities, labor and materials shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the City's Project Manager or his or her designee, and subject to his or her approval. 7. COMPENSATION. City agrees to pay Contractor a lump sum of One Hundred Thirty Thousand One Hundred Sixty-Three Dollars ($130,163.00) ("Contractor's Compensation') upon completion of the Work to the City's satisfaction. 8. ADDITIONAL SERVICES. Contractor shall not receive compensation for any services provided outside the scope of the Contract Documents 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. Contractor further understands and agrees that only the City Manager can approve additional services and change orders. 9. PAYMENTS TO CONTRACTOR: PAYMENT OF SUBCONTRACTORS 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. Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than ten (10) days from Contractor's receipt of payment from City. 10. TIME OF PERFORMANCE: HOURS OF WORK. Contractor acknowledges and agrees that due to the emergency conditions, time is of the essence in Contractor's completion of the Work. Unless otherwise agreed to by City and Contractor, Contractor shall complete the Work by April 4, 2025. 3 Form Updated 11-30-23 -155 11. TERMINATION. (a) If Contractor refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if Contractor fails to complete the Work on time, or if Contractor, or any subcontractor, violates any of the provisions of the Contract Documents, the City's Project Manager may give written notice to Contractor and Contractor's sureties of the City's intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the City, this Agreement may be terminated at the option of City effective upon Contractor's receipt of a second notice sent by the City indicating that the City has exercised its option to terminate. (b) If Contractor is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by City. (c) If Contractor is in breach of any material provision of this Agreement, City may immediately terminate this Agreement by providing written notice to Contractor of same. 12. LIQUIDATED DAMAGES. In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the City's Project Manager, City may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 11 (Termination) of this Agreement, charge to Contractor or its sureties, or deduct from payments or credits due Contractor, a sum equal to Five Hundred Dollars ($500.00) as liquidated damages for each calendar day beyond the date provided for the completion of such Work. The parties hereto agree that the amount set forth above as liquidated damages constitutes a fair and reasonable estimate of the costs the City would suffer for each day that the Contractor fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause City to incur costs and expenses not contemplated by this Agreement. 13. PERFORMANCE BY SURETIES. In the event Contractor fails or refuses to perform the Work, City may provide Contractor with a notice of intent to terminate as provided in Paragraph 11 (Termination), of this Agreement. City shall immediately give written notice of such intent to terminate to Contractor and Contractor's surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after City's giving notice of intent to terminate, (a) give the City written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the City, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the City of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, City may take over the Work and complete it, at the expense of Contractor, and the Contractor and the sureties shall be liable to City for any excess costs or damages including those referred to in Paragraph 12 (Liquidated Damages), incurred by City. In such event, City may, without liability for sO doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to Contractor as may be on the site of the Work and reasonably necessary 4 Form Updated 11-30-23 -156 therefor and may use them to complete the Work. 14. 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 and its sureties. 15. 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. 16. 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 and to all shops on or off-site where the Work or portions of the Work are in preparation. 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. 17. 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 limitations 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. 18. CONTRACT SECURITY AND GUARANTEE. Within seven (7) days from the Effective Date of this Agreement, Contractor shall furnish the following: (1) a surety bond in an amount equal to one hundred percent (100%) of Contractor's Compensation as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the Contractor's Compensation as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to City. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents. Contractor acknowledges and agrees that Contractor's Compensation includes the premiums for the bonds required herein. Contractor shall provide a certified copy of the certificate of authority of the surety issued 5 Form Updated 11-30-23 -157 by the Insurance Commissioner, a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the California Insurance Code. Contractor guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook. Contractor shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that Contractor shall be obligated under this provision only to the extent of those failures or defects of which Contractor is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded. The rights and remedies available to City pursuant to this provision shall be cumulative with all rights and remedies available to City pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by Contractor nor its furnishing of the bonds, nor acceptance thereof by City, shall constitute a waiver of any rights or remedies available to City against Contractor. 19. INDEMNIFICATION. Contractor shall defend, indemnify, and hold harmless the City, and its officials, officers, employees, and volunteers from and against any and all claims, damages, losses, and expenses, including attorneys' fees, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone else for whose acts any of them may be liable, except where caused by the sole negligence, active negligence, or willful misconduct of the City. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, andlor authorized subcontractors, and 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. 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 hoid 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 performed under this Agreement by Contractor or any subcontractor or others performing on 6 Form Updated 11-30-23 -158 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 20 (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, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control 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. 20. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 20 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. Contractor shall procure and maintain for the duration of this Agreement, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors. (a) Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as: () Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. 7 Form Updated 11-30-23 -159 (ii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. (v) Contractor's Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, if project involves environmental hazards. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (b) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRS shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the indemnified additional insured parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall not contain any SIR provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification. (c) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: () The City of Blythe, its officials, officers, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 37 forms if later revisions used). (ii) For any claims related to this Project, the Contractor's insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 131 as respects the City, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, officers, employees, or volunteers shall be excess of 8 Form Updated 11-30-23 -160 the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. (i) Each insurance policy required by this Paragraph 20 shall provide that coverage shall not be canceled, except with notice to the City. (d) Builder's Risk (Course of Construction) Insurance. Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, (e) Claims Made Policies. If any coverage required is written on a claims-made coverage form: (I) The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of work. (i) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Agreement work. (ii) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective date, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Agreement work. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the services involve lead-based paint or asbestos denticaton/remediation. the Contractor's Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold denification/remediation, the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. () 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 Contractor's primary and excess liability policies are 9 Form Updated 11-30-23 -161 exhausted. (g) Acceptability of Insurers. insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. (h) Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. (i) Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. () Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, except that the minimum limits for CGL and automobile liability insurance shall be $1,000,000, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. (k) Duration of Insurance. CGL and Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work on the Project. (1) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 21. 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. 10 Form Updated 11-30-23 -162 (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 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 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 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 Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to 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 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 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 Labor Code Sections 1771 and 1725.5 requiring registration with the Department of Industrial Relations (DIR). 22. COMPLIANCE WITHALL 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 laws regarding health and safety, labor and employment, and wage and hours. 11 Form Updated 11-30-23 -163 23. NON-DISCRIMINATION. In performing this Agreement, Contractor will 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 oft the California Labor Code. 24. 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. 25. NOTICES. It shall be the duty and responsibility of Contractor to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid. All other 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: City of Blythe 235 N. Broadway Blythe, CA 92225 Attn: Mallory Crecelius Notices required to be given to Contractor shall be addressed as follows: Cholla Construction 1051 Jones St. Brawley, CA 92227 Attn: Robert Yates 26. 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 relations, 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 12 Form Updated 11-30-23 -164 relationship. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. WAIVER. No waiver of any provision ofthis 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 13 Form Updated 11-30-23 -165 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. 33. 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. 34. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in one or more counterparts by the parties hereto. 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. 35. 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.) 14 Form Updated 11-30-23 -166 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 BebetCLfate Mallory Crecelius Robert Yates Interim City Manager ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 15 Form Updated 11-30-23 -167. 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 Mal ulro Mallory Crecelius Robert Yates Interim City Manager ATTEST: AALA ulio Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 15 Form Updated 11-30-23 -168 EXHIBIT A CONTRACTOR'S PROPOSAL -169 - GOMSTBUGTION 1051 Jones St, Brawley, CA 92227 dalsnindonBotrakon 760-791-6582 CA License #1116732 CA DIR# 1001143901 PROPOSAL PROPOSAL SUBMITTED TO PHONE DATE City of Blythe Public Works 760-922-6611 3-28-25 ADDRESS PROJECT NAME PLANS APPROVED 440 S Main St Broadway Sewer Repair N/A CITY, STATE, ZIP PROJECT LOCATION CITY Blythe, CA 92225 N Broadway & Juniper Tr Blythe ENGINEER PROJECT DESCRIPTION DATE OF PLANS N/A Sinkhole repairl Manhole Repair N/A Project Description: As per our onsite meeting and discussions we propose to repair the failed sewer manhole and adjacent sinkhole in the intersection of Broadway and Juniper and rehab the next manhole south of that manhole. Broadway and Juniper Manhole: 1. Provide vacuum tanker truck on 24hr basis to pump and haul wastewater from collection system upstream. City to designate dump location at a manhole downstream of work area. 2. Saw cut and demo existing asphalt for excavation 3. Blast and prep manhole for rehabilitation 4. Cast in place manhole rehabilitation of shafting 5. Rehabilitate manhole base and channels 6. Install new eccentric cone with 30" opening and new ring and cover. 7. Coat with 125 mils of DuraPlate 6100 epoxy and spark testing. 8. Restore street structural section and permanent AC patch to match existing. Manhole South of Juniper on Broadway: 9. Blast and prep manhole for rehabilitation 10. Rehab base, channels and shafting 11. Coat with 125 mils of DuraPlate 6100 epoxy and spark testing NOTES AND EXCLUSIONS: Prevailing wages are included, no work on Sunday, double time shifts are not included. City staff to provide all traffic control devices and implementation. City will provide vactor truck as needed including overtime, City staff will be available as needed to monitor levels, operate lift stations and provide logistical assistance. 1 -170 TERMS AND CONDITIONS: Cholla Construction is offering a hard dollar bid to restore sewer service to the City's customers and repair the 2 manholes that were inspected during our site visit. This proposal does not include any repairs to the collection piping beyond the limits of the manhole structure. The vacuum tanker is approximately 6000 gallons and will be running 24 hrs a day until the repairs are completed and the normal operation may resume. It is understood by Cholla and the City that City staff will be available as needed to assist with logistical support ( Vactor truck, operate lift station, monitor levels, coordinate access, traffic control, etc). Cholla will invoice 100% upon completion without retention, City will pay Cholla within 15 days of invoice date. Payment and performance bond premiums are included in the bid amount. WE PROPOSE to furnish materiai and labor, complete in accordance with the above specifications and stipulations. This proposal does not include: permits, fees, bonds, bond premiums, engineering, testing, asbestos testing or removal, survey or staking. Any work not specifically describedi is excluded. Work performed is due and payable immediately upon completion. Unless expressly included in the above list of work to be performed, unusual site conditions such as buried trash, concrete, abandoned utilities, mud, rock, ground water, hazardous waste, etc. that were not apparent on the surface or expressly disclosed in writing prior to the date of this proposal shall be deemed for additional compensation and cessation of work until an agreement to proceed is made. Excess spoils will remain on site unless expressly described in our scope of work. If any actioni is brought to enforce collection, attorney's fees and court costs will be collected in addition to the amount due. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications invoiving extra cost willi be executed only upon written change orders, and will become an extra charge over: and beyond the original contract value. Cholla Construction reserves the right to receive additional compensation due to material cost increases and changes ini fuel prices. All agreements are contingent upon strikes, accidents, delays, material availability, weather and force majeure events. Our workers are fully covered by Workers Compensation Insurance. Pursuant to California law and the Business and Professions Code: " Contractors are required by law tol be licensed and regulated by the Contractors State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission isi filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must bei filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, POE Box 26000, Sacramento, CA 95826" THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS Lump Sum Bid: $130,163.00 2 -171 CITY OF BLYTHE PUBLIC WORKS AGREEMENT FOR EMERGENCY SINKHOLE AND MANHOLE REPAIRS AT BROADWAY AND JUNIPER TRAIL THIS PUBLIC WORKS AGREEMENT ("Agreement"), dated March 29, 2025 ("Effective Date"), is made by the CITY OF BLYTHE, a municipal corporation ("City"), and ROBERT YATES, an individual DBA CHOLLA CONSTRUCTION ("Contractor"). WHEREAS, pursuant to Section 2.66.070(B) of the Blythe Municipal Code, when it is impractical to convene a meeting of the City Council, the City Manager has the power to order the repair or replacement of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, on March 27, 2025, the Interim City Manager determined an emergency, as defined in California Public Contract Code section 1102, exists at the intersection of N. Broadway and W. Juniper Trail due a failed manhole and adjacent sinkhole; and WHEREAS, as authorized by Section 2.66.070(B) of the Blythe Municipal Code, the Interim City Manager ordered the repair of the failed manhole and adjacent sinkhole, including repairs to the manhole south of the failed manhole; and WHEREAS, City desires to contract with Contractor to furnish construction and related services for the emergency repairs described below under Paragraph 1, Scope of Work (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. The work (the "Work") consists of performing repairs to the failed manhole and adjacent sinkhole in the intersection of N. Broadway and W. Juniper Trail and repairs to the manhole south of the failed manhole. The Work includes the following work at N. Broadway and W. Juniper Trail: providing a vacuum tanker truck on a 24-hour basis to pump and haul wastewater from collection system upstream, and dumping such wastewater at a manhole downstream as designated by City; saw cutting and demolition of existing asphalt for excavation; blasting and preparing the manhole for rehabilitation; casting in place manhole rehabilitation of shafting; rehabilitating manhole base and channels; installing new eccentric cone with 30" opening and new ring and cover; coating with 125 mils of DuraPlate 6100 epoxy and spark testing; and restoring street structural section and permanent AC patch to match existing. The Work also includes the following work at the manhole south of W. Juniper Trail and N. Broadway: blasting and preparing the manhole for rehabiltation; rehabilitating base, channels and shafting; and coating with 125 mils of DuraPlate 6100 epoxy and spark testing. 1 Form Updated 11-30-23 -172. The Work shall be performed in accordance with the City's specifications and as directed by the City's Project Manager. The Work is further described in the "Contract Documents' referred to below. The Project is known as the Emergency Sinkhole and Manhole Repairs at Broadway And Juniper Trail Project. 2. CONTRACT DOCUMENTS. The complete Agreement consists of the following documents relating to the Project: (a) This Agreement; (b) Contractor's proposal, attached hereto as Exhibit A and incorporated herein; (c) Faithful Performance Bond and Labor and Material Bond, including agent's Power of Attorney for each bond; and (d) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction ("The Greenbook"). The Greenbook is incorporated by this reference as if fully set forth herein. The documents comprising the complete Agreement will be referred to as the "Contract Documents. " All of the Contract Documents are intended to complement one another, sO that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents. In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook. The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations. 3. CITY'S REPRESENTATIVE. The City's Representative is Mirasol Elegores, referred to herein as the "City's Project Manager." 4. ÇONTRACTORS PROJECT MANAGER: PERSONNEL. (a) Proiect Manager. Contractor's representative is Rob Yates, referred to herein as "Contractor's Project Manager.' Contractor's Project Manager shall represent Contractor and be Contractor's 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 2 Form Updated 11-30-23 -173 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 4 is a material provision of the Agreement. 5. SCHEDULE. All Work shall be performed in accordance with the schedule agreed to by City's Project Manager. 6. EQUIPMENT - PERFORMANCE OF WORK. Except as otherwise set forth herein, Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents. The equipment, apparatus, facilities, labor and materials shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the City's Project Manager or his or her designee, and subject to his or her approval. 7. COMPENSATION. City agrees to pay Contractor a lump sum of One Hundred Thirty Thousand One Hundred Sixty-Three Dollars ($130,163.00) ("Contractor's Compensation') upon completion of the Work to the City's satisfaction. 8. ADDITIONAL SERVICES. Contractor shall not receive compensation for any services provided outside the scope of the Contract Documents 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. Contractor further understands and agrees that only the City Manager can approve additional services and change orders. 9. PAYMENTS TO CONTRACTOR: PAYMENT OF SUBCONTRACTORS 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. Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than ten (10) days from Contractor's receipt of payment from City. 10. TIME OF PERFORMANCE: HOURS OF WORK. Contractor acknowledges and agrees that due to the emergency conditions, time is of the essence in Contractor's completion of the Work. Unless otherwise agreed to by City and Contractor, Contractor shall complete the Work by April 4, 2025. 3 Form Updated 11-30-23 -174 11. TERMINATION. (a) If Contractor refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if Contractor fails to complete the Work on time, or if Contractor, or any subcontractor, violates any of the provisions of the Contract Documents, the City's Project Manager may give written notice to Contractor and Contractor's sureties of the City's intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shal! cease and arrangements for the correction thereof be made to the satisfaction of the City, this Agreement may be terminated at the option of City effective upon Contractor's receipt of a second notice sent by the City indicating that the City has exercised its option to terminate. (b) If Contractor is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by City. (c) If Contractor is in breach of any material provision of this Agreement, City may immediately terminate this Agreement by providing written notice to Contractor of same. 12. LIQUIDATED DAMAGES. In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the City's Project Manager, City may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 11 (Termination) of this Agreement, charge to Contractor or its sureties, or deduct from payments or credits due Contractor, a sum equal to Five Hundred Dollars ($500.00) as liquidated damages for each calendar day beyond the date provided for the completion of such Work. The parties hereto agree that the amount set forth above as liquidated damages constitutes a fair and reasonable estimate of the costs the City would suffer for each day that the Contractor fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause City to incur costs and expenses not contemplated by this Agreement. 13. PERFORMANCE BY SURETIES. In the event Contractor fails or refuses to perform the Work, City may provide Contractor with a notice of intent to terminate as provided in Paragraph 11 (Termination), of this Agreement. City shall immediately give written notice of such intent to terminate to Contractor and Contractor's surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after City's giving notice of intent to terminate, (a) give the City written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the City, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the City of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, City may take over the Work and complete it, at the expense of Contractor, and the Contractor and the sureties shall be liable to City for any excess costs or damages including those referred to in Paragraph 12 (Liquidated Damages), incurred by City. In such event, City may, without liability for sO doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to Contractor as may be on the site of the Work and reasonably necessary 4 Form Updated 11-30-23 -175 therefor and may use them to complete the Work. 14. 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 and its sureties. 15. 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. 16. 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 and to all shops on or off-site where the Work or portions of the Work are in preparation. 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. 17. 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 limitations 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. 18. CONTRACT SECURITY AND GUARANTEE. Within seven (7) days from the Effective Date of this Agreement, Contractor shall furnish the following: (1) a surety bond in an amount equalto one hundred percent (100%) of Contractor's Compensation as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the Contractor's Compensation as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to City. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents. Contractor acknowledges and agrees that Contractor's Compensation includes the premiums for the bonds required herein. Contractor shall provide a certified copy of the certificate of authority of the surety issued 5 Form Updated 11-30-23 -176 by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the California Insurance Code. Contractor guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook. Contractor shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that Contractor shall be obligated under this provision only to the extent of those failures or defects of which Contractor is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded. The rights and remedies available to City pursuant to this provision shall be cumulative with all rights and remedies available to City pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by Contractor nor its furnishing of the bonds, nor acceptance thereof by City, shall constitute a waiver of any rights or remedies available to City against Contractor. 19. INDEMNIFICATION. Contractor shall defend, indemnify, and hold harmless the City, and its officials, officers, employees, and volunteers from and against any and all claims, damages, losses, and expenses, including attorneys' fees, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone else for whose acts any of them may be liable, except where caused by the sole negligence, active negligence, or willful misconduct of the City. 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, and 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. 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 performed under this Agreement by Contractor or any subcontractor or others performing on 6 Form Updated 11-30-23 -177 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 20 (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, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control 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. 20. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 20 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. Contractor shall procure and maintain for the duration of this Agreement, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors. (a) Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as: (i) Commercial General Liability (CGL): iInsurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projectlocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. 7 Form Updated 11-30-23 -178. (ii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. (v) Contractor's Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, if project involves environmental hazards. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (b) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the indemnified additional insured parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall not contain any SIR provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification. (c) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: () The City of Blythe, its officials, officers, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) For any claims related to this Project, the Contractor's insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 131 as respects the City, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, officers, employees, or volunteers shall be excess of 8 Form Updated 11-30-23 -179 the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. (i) Each insurance policy required by this Paragraph 20 shall provide that coverage shall not be canceled, except with notice to the City. (d) Builder's Risk (Course of Construction) Insurance. Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, (e) Claims Made Policies. If any coverage required is written on a claims-made coverage form: () The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of work. () Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Agreement work. (i) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective date, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Agreement work. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the services involve lead-based paint or asbestos dentficaton/remediation. the Contractor's Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold dentfication/remediation. the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. (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 Contractor's primary and excess liability policies are 9 Form Updated 11-30-23 -180 exhausted. (g) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. (h) Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. () Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. () Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, except that the minimum limits for CGL and automobile liability insurance shall be $1,000,000, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 04 13. (k) Duration of Insurance. CGL and Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work on the Project. (I) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 21. 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. 10 Form Updated 11-30-23 -181 (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 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 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 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 Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to 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 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 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 Labor Code Sections 1771 and 1725.5 requiring registration with the Department of Industrial Relations (DIR). 22. 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 laws regarding health and safety, labor and employment, and wage and hours. 11 Form Updated 11-30-23 -182 23. NON-DISCRIMNATION In performing this Agreement, Contractor will 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. 24. 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. 25. NOTICES. It shall be the duty and responsibility of Contractor to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid. All other 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: City of Blythe 235 N. Broadway Blythe, CA 92225 Attn: Mallory Crecelius Notices required to be given to Contractor shall be addressed as follows: Cholla Construction 1051 Jones St. Brawley, CA 92227 Attn: Robert Yates 26. 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 relations, 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 12 Form Updated 11-30-23 -183 relationship. 27. 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. 28. 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. 29. 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. 30. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into fori 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. 31. 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. 32. WAIVER. No waiver of any provision ofthis 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 13 Form Updated 11-30-23 -184 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. 33. 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. 34. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in one or more counterparts by the parties hereto. 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. 35. 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.] 14 Form Updated 11-30-23 -185 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 BebutCLatrs Mallory Crecelius Robert Yates Interim City Manager ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 15 Form Updated 11-30-23 -186 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 Mau ulro Mallory Crecelius Robert Yates Interim City Manager ATTEST: AAOIM ulio Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 15 Form Updated 11-30-23 -187 EXHIBIT A CONTRACTOR'S PROPOSAL -188 - - - EH GOMBTBUGTION 1051 Jones St, Brawley, CA 92227 alenstonsodaksn 760-791-6582 CA License #1116732 CA DIR# 1001143901 PROPOSAL PROPOSAL SUBMITTED TO PHONE DATE City of Blythe Public Works 760-922-6611 3-28-25 ADDRESS PROJECT NAME PLANS APPROVED 440 S Main St Broadway Sewer Repajr N/A CITY,STATE, ZIP PROJECT LOCATION CITY Blythe, CA 92225 N Broadway & Juniper Tr Blythe ENGINEER PROJECT DESCRIPTION DATE OF PLANS N/A Sinkhole repairl Manhole Repair N/A Project Description: As per our onsite meeting and discussions we propose to repair the failed sewer manhole and adjacent sinkhole in the intersection of Broadway and Juniper and rehab the next manhole south of that manhole. Broadway and Juniper Manhole: 1. Provide vacuum tanker truck on 24hr basis to pump and haul wastewater from collection system upstream. City to designate dump location at a manhole downstream of work area. 2. Saw cut and demo existing asphalt for excavation 3. Blast and prep manhole for rehabilitation 4. Cast in place manhole rehabilitation of shafting 5. Rehabilitate manhole base and channels 6. Install new eccentric cone with 30" opening and new ring and cover. 7. Coat with 125 mils of DuraPlate 6100 epoxy and spark testing. 8. Restore street structural section and permanent AC patch to match existing. Manhole South of Juniper on Broadway: 9. Blast and prep manhole for rehabilitation 10. Rehab base, channels and shafting 11. Coat with 125 mils of DuraPlate 6100 epoxy and spark testing NOTES AND EXCLUSIONS: Prevailing wages are included, no work on Sunday, double time shifts are not included. City staff to provide all traffic control devices and implementation. City will provide vactor truck as needed including overtime, City staff will be available as needed to monitor levels, operate lift stations and provide logistical assistance. 1 -189 TERMS AND CONDITIONS: Cholla Construction is offering a hard dollar bid to restore sewer service to the City's customers and repair the 2 manholes that were inspected during our site visit. This proposal does not include any repairs to the collection piping beyond the limits of the manhole structure. The vacuum tanker is approximately 6000 gallons and will be running 24 hrs a day until the repairs are completed and the normal operation may resume. It is understood by Cholla and the City that City staff will be available as needed to assist with logistical support (Vactor truck, operate lift station, monitor levels, coordinate access, traffic control, etc). Cholla will invoice 100% upon completion without retention, City will pay Cholla within 15 days of invoice date. Payment and performance bond premiums are included in the bid amount. WE PROPOSE to furnish material and labor, complete in accordance with the above: specifications. and stipulations. This proposal does not include: permits, fees, bonds, bond premiums, engineering, testing, asbestos testing or removal, survey or staking. Any work not specifically described is excluded. Work performed is due and payable immediately upon completion. Unless expressly included in the above list of work to be performed, unusual site conditions such as buried trash, concrete, abandoned utilities, mud, rock, ground water, hazardous waste, etc. that were not apparent on the surface or expressly disclosed in writing prior to the date of this proposal shall be deemed for additional compensation and cessation of work until an agreement to proceed is made. Excess spoils will remain on site uniess expressly described in our scope of work. If any action is brought to enforce collection, attorney's fees and court costs will be collected in addition to the amount due. All material is guaranteed tot be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written change orders, and will become an extra charge over and beyond the original contract value. Cholla Construction reserves the right to receive additional compensation due to material cost increases and changes in fuel prices. All agreements are contingent upon strikes, accidents, delays, material availability, weather and force majeure events. Our workers are fully covered by Workers Compensation Insurance. Pursuant to California law and the Business and Professions Code: " Contractors are required by law to be licensed and regulated by the Contractors! State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, POI Box 26000, Sacramento, CA 95826" THIS PROPOSAL MAY BE WITHDRAWN. BY US IF NOT ACCEPTED WITHIN 30 DAYS Lump Sum Bid: $130,163.00 2 -190. CITY OF BLYTHE Blythe CITY COUNCIL. MEETING STAFF REPORT IELD - MEETING DATE: April 8, 2025 SUBJECT: Fiscal Year 2024-2025 Mid-Year Financial Report and Budget Amendments PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance RECOMMENDATION: 1. Receive and file mid-year Financial Report for fiscal year 2024-2025, Attachment A. 2. Adopt Resolution 2025-003 amending fiscal year 2024-2025 budget as referenced in Exhibit A. FISCAL IMPACT: The City's Operating and Capital Budget provides the funding and expenditure plan for all funds. The fiscal impacts of the proposed budget amendments are identified in Exhibit A. BACKGROUND: Itis considered best practice to review the annual budget on an ongoing basis. Since the adoption of the fiscal year 2024-2025 budget on June 11, 2024, staff have continued to monitor the performance of revenues and expenditures. Through this regular review, staff has identified a need to amend some ofthe existing revenues and appropriations to allow for changes. STAFF REPORT: The attached Financial Report provides a review ofthe first six months of the City's fiscal year 2024-2025 budget and makes recommended amendments to revenue projections and appropriations, focusing primarily on the City's General fund. General Fund. Revenue: Revenue estimates are developed prior to the start of the fiscal year based on historical data, trends, and actual receipts. Tax revenues make up1 the largest part ofthe General fund's revenue, 65% ofthe City's revenue is derived from the City's sales tax, motor vehicle in-lieu tax (VLF), property tax, and transient occupancy tax (TOT). Sales tax alone is 35% of the General fund revenue. Revenues tend to trend below 50% at mid-year primarily due to the timing of actual receipts of the City's property tax and sales tax revenue, the average revenue received at mid- year is approximately 30%. As ofDecember. 31, 2024, the City's General fund has received $5.2 million, or 32% of budgeted revenues. Based on current trends and information available, revenue is anticipated to end the year at approximately $15.3 million, or 5% below the adopted budget, sales tax being the primary factor for the revenue shortfall. Based on an updated forecast from the consultant and the City's budget to actual trends, sales tax revenue is projected to end the fiscal year 14% below budget. Aj projected shortfall of$700,000 for Bradley Burns and Measure K combined. Excluding reporting aberrations, Blythe's actual sales from July through September 2024 were down 12.2% compared to the same period in the -191 previous fiscal year. Measure K was down 27.7%. Most of Blythe's major business groups experienced a decline in the first quarter of the fiscal year, compared to fiscal year 2024. Riverside County taxable sales declined 3.2% for the same period, and Southern California region was down 2.3%, representing a weak start to the fiscal year for many California agencies. Table 2 of the attached Financial Report provides the revenue budget and mid-year actuals for each major General fund revenue category through December 31, 2024. Expenditure: General fund expenditures through December 31, 2024, totaled $9.0 million, or 58% of the adopted budget. On average departments are operating at 43% of their approved budget at mid- year. General fund expenditures are projected to end the year under budget by 4%. Other than normal operating cost increases, no notable variations at mid-year compared to mid-year ofthe prior fiscal year. Table: 3 of the attached Financial Report provides the expenditure budget and mid-year actuals for each General fund department through December 31, 2024. Budget Amendments: Based on updated information during the mid-year review, staff recommends making amendments to the adopted General fund revenue and expenditure budget. Amendments are not intended to correct all anticipated variances but will better align the year end budget to actuals. The recommended amendments are detailed in Exhibit A to the attached Resolution. The General fund continues to be structurally balanced, without the use of fund balance. It is recommended that General fund revenue projections be decreased by $153,600, amended revenue budget of $16,967,800. The proposed amendments will align the sales tax revenue budget with actual projections, by decreasing the revenue budget. Other proposed amendments include increases to revenue accounts for franchise fees for revisions to the sanitation contract for implementation of compost services, the approved change to the PACT contract, and account for various other grant revenues awarded and received post budget adoption. It is recommended that General fund appropriations and transfers be increased by $388,700, amended appropriations of $16,500,500. The increase accounts for cost adjustments for expenditures that relate to the change in the PACT contract and increase in grant revenues. Contracts associated with proposed expenditure adjustments have been previously approved by City Council. Other Funds. The following provides a summary of some of the proposed revenue and appropriation amendments to other funds. A complete list of all changes is identified in Exhibit A to the attached Resolution. Enterprise Funds: Water fund - Revenue decrease of$173,200 to account for grant revenue recorded in prior fiscal year. Sanitation fund - Revenue increase of $413,000 and appropriations increase of $408,000 for revisions to the sanitation contract for implementation of compost services. -192 Measure A and Capital Street Project Funds: Measure A fund - Revenue decrease of $294,800 based on updated revenue projections from RCTC. Transfer Out decrease of$2,123,900 for street project delays. Pursuant to RCTC policy City must amend its annual CIP with RCTC to better align budget to actuals. Capital Street Project fund - Transfer In decrease of$2,123,900 and appropriation decrease of $2,123,900. For the mid-year budget review, staff recommends City Council receive and file the fiscal year 2024-2025 Mid-Year Financial Report and adopt amendments to the: fiscal year budget to reflect the changes detailed in Exhibit A of attached Resolution No. 2025-003. ATTACHMENTS: A. Fiscal Year 2024-2025 Mid-Year Financial Report B. Resolution No. 2025-003 C. Exhibit A to Resolution No. 2025-003 -193 Blythe CITY OF BLYTHE Mid-Year Financial Report Second Quarter of Fiscal Year 2024-2025 March 11,2025 OVERVIEW Table 2: General Fund Revenue, Budget VS. YTD Actuals, Mid-Year This Mid-Year Financial Report provides a summary of Revenues Budget YTD Actuals % Received the City's General fund and Proprietary funds revenue Measure K (Sales Tax) 3,500,000 827,122 24% and expenditures for the first half of the fiscal year Sales Tax 1,950,000 524,847 27% 2024-2025. The purpose oft the report is to update the VLF 1,719,000 0% City Council regarding revenue and expenditure trends Property Tax 1,509,000 364,054 24% to ensure a strong understanding of the City's current Transient Occupancy Tax 1,700,000 630,592 37% financial condition and review the recommended OtherRevenue 5,743,400 2,842,480 49% actions as they relate to revenues and expenditures. Total 16,121,400 5,189,095 32% *Amountse exclude budgetedo one-timer revenue ande lexpenditures including grantsa and capital. Adjusted Budgets and Revenue Estimates. The mid- year report is developed using six months of actual Property Tax. Property tax revenue is primarily (unaudited) activity and adjusted for any budget comprised of revenue collected by the County Tax amendments approved by the City Council as of Collector from a 1% levy on the assessed value of all December 31, 2024. real property. Property tax revenues are budgeted at $1.5 million. Mid-year actuals are $0.36 million, or GENERAL FUND 24%. Based on County distribution reports year-end açtuals will exceed budget projections by 10%. The GENERAL FUND FINANCIAL CONDITION. At mid-year, increase is largely due to residual revenue from the General fund revenue is $5.2 million, or 32%, of Redevelopment Property Tax Trust Fund (RPTTF). projected revenues of $16.1 million. Total expenditure RPTTF residual is the funds remaining after payments is $9.0 million, or 58%, oft the total expenditure budget made to Successor Agency's for post dissolution of $15.5 million, as shown in Table 1. obligations. The remaining funds are distributed Table 1: General Fund Overview, Budget Vs. YTD Actuals, Mid-Year proportionally to the local taxing entities that would General Fund Budget YID Actuals % otherwise have received the property tax revenue. Revenue 16,121,400 5,189,094 32% Until the Successor Agency has completely fulfilled all Expenditure 15,526,800 9,011,092 58% post dissolution obligations, the City will see a growth *Amounts exclude budgeted one- -timer revenue ande expenditures includinge grants and capital. in residual revenues for some years before they stabilize. The repayment of the golf course loan REVENUES. General fund revenues tend to trend contributed to the current year's increase. below 50% at mid-year primarily due to the timing of actual receipts of the City's property tax and sales tax Sales tax and Measure K. Sales tax distributed to the revenues, the average at mid-year is approximately City through December 2024 represent sales that 30%. As of December: 31, 2024, the City's Generalfund occurred between July 2024 and October 2024, has received $5.2 million, or 32%, of budgeted actuals as of December 2024 are $0.5 million, or 27%, revenues. Based on current trends and information for the City's Bradley Burns sales tax and $0.7 million, available General fund revenues are anticipated to or 24%, for the City's district (Measure K) sales tax. end the year at approximately $15.3 million, or 5% Based on an updated forecast from the City's below adopted budget. consultant, actual sales tax revenue in whole will end the fiscal year 14% below budget, shortfall of $0.8 million. Excluding reporting aberrations, Blythe's -194 Mid-Year Financial Report Second Quarter of 2024-2025 actual sales from July through September 2024 were General fund expenditures through December totaled down 12.2% compared to the same period in the $9.0 million, or 58% of the adopted budget. On previous fiscal year. Measure K was down 27.7%. average departments are operating at 43% of their Most of Blythe's major business groups experienced a approved budget at mid-year. Other than normal decline in the first quarter of the fiscal year, compared operating cost increases, no notable variations at mid- to fiscal year 2024. Riverside County taxable sales year compared to mid-year of the prior fiscal year. declined 3.2% for the same period, and Southern Table 3 provides the expenditure budget and mid-year California region was down 2.3%. actuals for each General fund department through December 31, 2024. VLF. VLF revenue is disbursed from the county in two equal payments, both of which are received in the WATER AND SEWER ENTERPRISE FUNDS second half of the fiscal year. Actual receipts at mid- year will typically be 0% as indicated in Table 2. Based Enterprise funds are those funds in which the City on County property tax reports the VLF distribution is charges a fee to customers to recover the cost of $1.74 million, slightly over budget projection. providing the service. Water and Sewer Enterprise revenues typically follow a stable trend with variances Transient Occupancy Tax (TOT). TOT is the one tax month over month for consumer usage in the Water charged to transient guests and not Blythe's residents. Enterprise. Primary economic factors include room rates, occupancy, and room demand. As of December 2024, Water Enterprise actual receipts for consumer charges actual received is 37% of budget projections, or $0.63 for mid-year is at 51% of budget with 50% of the year million, with 58% of the year's monthly reporting's expired. Sewer Enterprise actual receipts for mid-year outstanding. is 49%. Mid-year actual expenditures for Water Enterprise are at 47%, while Sewer Enterprise is at 35% EXPENDITURES. Although not all expenditures follow of budget. a straight-line spending pattern, departmental operating expenditures should track close to 50% of CONCLUSION budget at mid-year. General government typically trends above 50% at mid-year due to timing of lump- The annual adopted budget is a financial plan built on sum pension liability and debt payments. the best information available at the time it is Table 3: General Fund Expenditures, Budget VS. YTD Actuals, Mid- Year prepared. As with any budget, changing conditions Departmental Expenditures Budget VIDActuals %Expended create the need to modify the original plan. This mid- City Council 103,900 46,752 45% year report comes from detailed information City Clerk 83,100 33,070 40% generated by the City's Finance Department. This 30% report is intended for internal use only, amounts as City Attorney 225,000 66,970 presented are unaudited. For question about this Administration 297,300 140,289 47% report please contact Finance Department by phone General Government 5,027,300 4,042,487 80% at (760) 922-6161 or e-mail at Finance 422,200 199,535 47% ceimsPdotbhinecasow Community Development 668,000 281,753 429 Police 6,123,800 3,047,133 50% Fire 892,300 393,391 44% Publicl Works 824,200 413,487 50% Parks 322,900 116,997 36% Recreation 536,800 229,228 43% Total 15,526,800 9,011,091 58% "Amounts exclude budgeted one- -timer revenue and expenditures includinge grants and capital. -195 RESOLUTION NO. 2025-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE OPERATING AND CAPITAL BUDGET FOR FISCAL YEAR 2024-2025 WHEREAS, on June 11, 2024, the City Council of the City of Blythe adopted Fiscal Year 2024-2025 Operating and Capital Budget by Resolution No. 2024-019; and WHEREAS, the City of Blythe conducts regular reviews of its budget as it is fiscally prudent to do so; and WHEREAS, based upon the review through December 31, 2024, the City Council of the City of Blythe desires to amend the Fiscal Year 2024-2025 Operating and Capital Budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves amendments to the 2024-2025 Operating and Capital Budget: revenue, expenditure, and transfers, as summarized in Exhibit A to this Resolution. SECTION 2. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED, AND ADOPTED this day of April, 2025 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) Resolution No. 2025-003 -196 City of Blythe 2024-2025 Budget Amendments Account Detail April 8, 2025 Page of2 FY2024-2025 FY2024-2025 Adapted Proposed Iricrease/ G/L# Account Description Category Budget Amendment (Decrease) GeneralFund Revenue 000-25-313-000 Bradley Burns Local Sales Tax Sales Taxes 1,950,000 1,750,000 (200,000) 000-25-313-001 District Sales Tax Measure K Sales Taxes 3,500,000 3,000,000 (500,000) 000-25-318-430 Sanitation Franchise Fees Other Taxes 375,000 450,000 75,000 000-41-334-030 LEAP Grant State Government Grants 65,000 65,000 000-50-331-069 Stonegarden Grant Federal Government Grants 95,000 95,000 000-50-331-070 DOJ Builet Proof Vest Grant Federal Government Grants 6,000 6,000 000-50-331-091 Boating Safety and Enforcement Grant Federal Government Grants 23,700 23,700 000-50-336-020 Post- -Rélease Acct and Compliance Team County Shared Revenues 238,000 400,000 162,000 000-50-365-000 Contribution Private Source Contributions 5,000 5,000 000-50-365-070 Animal Shelter Agreement Contributions 77,500 77,500 000-70-334-010 CalRecycle Grant State Government Grant 27,200 27,200 630-80-341-030 Snack Shack Revenues General Government Revenues 25,000 35,000 10,000 Net Decrease in Revenues 6,088,000 5,934,400 (153,600) Expenditure 000-50421-23-131-000 Overtime Salaries 130,000 230,000 100,000 000-0-421-23-652-000 Special Departmental Supplies Supplies 20,000 40,000 20,000 000-50-421-73-652.001 Body Armor Replacement Supplies 9,000 15,000 6,000 000-50-421-61-741-000 Marine Equipment Capital Outlay 23,700 23,700 000-50-441-43-34 42-001 Veterinarian Services Professiona/Technical Services 2,500 8,500 6,000 000-50-41-43-652.000 Special Departmental. Supplies Supplies 3,000 18,000 15,000 630-80-451-15-652-001 Snack Shack Supplies Supplies 12,000 20,000 8,000 Net Increase in Expenditures 176,500 355,200 178,700 Transfers 00.50421-73.822-505 Transfer to Central Garage Operating Transfers 200,000 200,000 630-80-451-15-822-503 Transfer to Recreation Building Operating Transfers 55,900 65,900 10,000 Net increase in Transfers Out 55,900 265,900 210,000 Asset Forfeiture Revenue 107-00-352-010 Asset Forfeiture Fines & Forfeitures 13,000 13,000 Net Increase in Revenues 13,000 13,000 Expenditure 107-00421-80-996.000 Asset Forfeiture Contingency 39,000 65,000 26,000 Net Increase in Expenditures 39,000 65,000 26,000 MeasureAFund Revenue 114-00-335-040 Gasoline Sales Tax State. Shared Revenues 805,000 757,000 (48,000) 114-00-335-060 Measure A STIP1 Trade State. Shared Revenues 294,800 (294,800) Net Decrease in Revenues 294,800 (294,800) Transfers 114.00-419-62822-320 Transfer out Capital Street Projects Operating Transfers 2,143,900 20,000 (2,123,900) Net Decrease in Transfers Out 2,143,900 20,000 (2,123,900) Community Development Block Grant(CDBG) Revenue 121-00-331-010 CDBG Entitlements Federal Government Grants 40,400 40,400 Net Increase in Revenues 40,400 40,400 Exhibit A to Resolution 2025-003 -197 City of Blythe 2024-2025 Budget Amendments Account Detail April 8, 2025 Page 2 of 2 FY2024-2025 FY2024-2025 Adopted Proposed Increase/ G/LH Account Description Category Budget Amendment (Decrease) Capital Street ProjectFund Transfers 320-00-391-114 Transfer in Measure A Operating Transfers 2,143,900 20,000 (2,123,900) Net Decrease in Transfers In 2,143,900 20,000 (2,123,900) Expenditure 320-00-431-21-452-025 Street Projects Design Property Services 300,000 10,000 (290,000) 320-00-431-21-452-031 6th Ave Road Improvements Property Services 1,843,900 10,000 (1,833,900) Net Decrease in Expenditures 2,143,900 20,000 (2,123,900) WaterU Utility Fund Revenue 410-00-334-000 Urgent Drinking Water Needs Funding State Government Grant 500,000 326,800 (173,200) Net Decrease in Revenues 500,000 326,800 (173,200) Sanitation Fund Revenue 430-00-334-011 Organic Waste Recycling Grant State Government Grants 75,000 75,000 430-00-344-010 City Sanitation Charges Sanitation 881,000 1,219,000 338,000 Net Increase in Revenues 881,000 1,294,000 413,000 Expenditure 430-00-43241-349-200 Franchise Contract Profesional/Technicat: Services 962,000 1,317,000 355,000 430-00-432-11-637-00 Franchise Fees Supplies 136,000 189,000 53,000 Net Increase in Expenditures 1,098,000 1,506,000 408,000 BulcingMaintenance Transfers 503-00-391-080 Transfer in Recreation Operating Transfers 55,900 65,900 10,000 Net Increase in Transfers In 55,900 65,900 10,000 Expenditure 503-80-451-29-432-000 Repair/Maintenance Services Property Services 3,900 8,500 4,600 503-80-451-29-647-000 Minor Equipment Supplies 2,800 2,800 503-80-451-29-652.000 Special Departmental Supplies Supplies 4,180 6,780 2,600 Net Increase in Expenditures 8,080 18,080 10,000 Central GarageFund Transfers 505-00-391-025 Transfer in General Operating Transfers 200,000 200,000 Net Increase in Transfers In 200,000 200,000 WorkersC Compensation! Fund Expenditure 509-00-419-62-522.000 PERMA Premiums Other Services 127,000 200,500 73,500 Net Increase in Expenditures 127,000 200,500 73,500 HydrocatbonCleanupi Trust Revenue 610-00-334-028 Hydrocarbon Cleanup Plume #6 State Government Grants 58,000 58,000 Net Increase in Revenues 58,000 58,000 Expenditure 610.00-41962-452027 Hydrocarbon Cleanup Plume #6 Property Services 58,000 58,000 Net Increase in Expenditures 58,000 58,000 Exhibit A to Resolution 2025-003 -198 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT 7SY MEETING DATE: April 08, 2025 SUBJECT: Hiring a Temporary, Part- Time Employee for the Wastewater Treatment Plant (WWTP) PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mirasol Elegores, Public Works Director Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended the City Council approve the hiring of one (1) part-time, temporary employee as a Grade II Wastewater Treatment Plant Operator necessary duet to staffing shortages at the Plant and adopt Resolution No. 2025-002, approving the revised schedule of authorized positions necessary for this action. RESOLUTIONNO. 2025-002. A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF BLI YTHE, CALIFORNIA, APPROVING THE. REVISED SCHEDULE OF AUTHORIZED POSITIONS. FISCAL IMPACT: Not to exceed $15,000. Funding for the part-time temporary position is available in salary savings from the vacant Wastewater Treatment Plant Supervisor position created by the retirement of a long-time City employee in December. BACKGROUND: The Wastewater Treatment Plant (WWTP) has three budgeted operator positions and one budgeted Wastewater Treatment Plant supervisor position. Duet to the recent retirement of the Plant Supervisor, there are currently three operators running the Plant. One of the operators went out on unexpected medical leave a few weeks ago. This created a critical staffing shortage at the Wastewater Treatment Plant. At the February 11th meeting, Council approved the appointment ofThomas Ecret as a Retired Annuitant in the Position of Wastewater Treatment Plant Supervisor. Mr. Ecret was to return as extra help, for 1-2 days per week while the City worked to find his replacement. However, this action has yet to be ratified by CalPERS. Mr. Ecret is unable to return to work until thishappens. This, coupled with an unexpected absence of another employee has left two operators to man a seven day a week operation. To complicate matters, only one of the two operators has the appropriate license (Grade II) to work as a lone operator at the plant. The City petitioned the State to allow the Grade I operator to be a "lone" operator due to the staffing shortages. It could take up to 60 days for the State to approve this request. Until that occurs; or Mr. Ecret may return to work, there is one operator who can work at the plant alone. He has not. had a day offin several weeks. To provide him with some relief, stafflooked at other options to fill this gap in employment on a short-term basis. STAFF REPORT: Staffidentified a previous employee ofthe City's WWTP, Victor Williams, who has a Grade II WWTP certification. The Grade II license is required to work at the plant without the supervision of another operator. This would allow the City's Grade II Operator to take his days off. Mr. Willaims is willing to work for the City two days a week on a limited term. -199 This would allow current staff adequate days off while the long-term staffing issues at the plant are addressed. As having been previously employed at the Wastewater Treatment Plant from 2018 to 2021, Mr. Willaims is familiar with the WWTP and how it operates. Mr. Williams will work at the plant on Sundays and Mondays until the Plant is no longer at critical staffing levels. Ifapproved, Mr. Williams will report to work on Sunday, April 13, 2025. Therefore, it is recommended the City Council approve the hiring of one (1) part-time, temporary employee as a Grade II Wastewater Treatment Plant Operator necessary due to staffing shortages at the Plant and adopt Resolution No. 2025-002, approving the revised schedule of authorized positions necessary for this action. ATTACHMENTS: 1. Resolution No. 2025-002 -200 RESOLUTION NO. 2025-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING THE REVISED SCHEDULE OF AUTHORIZED POSITIONS The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, on June 11, 2024, the City Council adopted Resolution No. 2024-019, adopting the Operating and Capital Budget for Fiscal Year 2024-2025, including the Schedule of Authorized Positions; and WHEREAS, on December 10, 2024, the City Council adopted Resolution No. 2024-038, approving the revised Schedule of Authorized Positions; and WHEREAS, the City Council now desires to revise the Schedule of Authorized Positions as set forth in Exhibit "A," attached hereto and incorporated herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the revised Schedule of Authorized Positions as set forth in Exhibit A. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the file of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Blythe at a regular meeting thereof held on the 8th day of April, 2025, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor Resolution No. 2025-002 Pane 1 nf ? -201 ATTEST: Mallory Crecelius, City Clerk (SEAL) Resolution No. 2025-002 -202 Dana 2 nf ? EXHIBIT A SCHEDULE OF AUTHORIZED POSITIONS -203 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT EN MEETING DATE: April 8, 2025 SUBJECT: Partnership with Blythe Chamber of Commerce on a Tourism and Economic Development Video Project PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council authorize staff to enter into a Memorandum of Understanding (MOU) with the Blythe Chamber of Commerce for the production of a commercial length video and a series of short promotional clips and issue payment of $2,250 to the Blythe Chamber of Commerce. FISCAL IMPACT: $2,250 from the General Fund. BACKGROUND: Staff has been in pursuit of creating a video for use in the City's economic development efforts for several years. A few years ago, staff floated the idea to our partners during a Palo Verde Economic Alliance meeting. Atthat time, the Chamber had plans to produce a tourism video, with the use ofvolunteers. As there was. no interest in partnering with the City on a video project, staff began pursuing other avenues for a video showcasing Blythe being "open forbusiness". The City's PR Firm, Tripepi Smith submitted a quote for a video with their proposal for continued PR Servies, however funding was not allocated towards the project. There is renewed interest from the Blythe Chamber in partnering with the City on a video project. Originally, the vision was to create two separate videos, one related to tourism for the Chamber and one centered on business attraction and development for the City. After a number ofconversations with several marketing companies, reviewing the cost, and how the video would be used, it was determined the best path forward is a joint video highlighting entertainment and tourism, along with business development and attraction. STAFF REPORT: Proposals for a video project were received from the following: JamSpot Media $22,500 for two commercials and supporting trailers $19,000 for one commercial and supporting trailer/video short TriPepi Smith $20,000 for a 1 min commercial, 10-15 photos and a 1 min social media video $30,000 for a 1 min commercial, 20-30 photos and three 1 min social media videos MT Entertainment $4,500 for a 2-3-minute commercial and short promotional clips (15-30 seconds each) JamSpot Media and MT Entertainment presented their proposals to representatives ofboth the -204 Chamber and City. Tripepi Smith presented their proposal to City staff. Each company had impressive presentations, and would have produced high quality work for the City and Chamber. However, MTE: is willing to do the work a fraction ofthe cost. As he is a Chamber Member, and partners with the Chamber on events, he is offering his services at a much-discounted price, only recouping expense for staffi time. City staff and the Chamber viewed samples ofpast work, and MTE's productions were found to be of high quality and had the look and feel of what the Chamber and City are looking for with this project. To streamline the project, staff suggest the Chamber hire MT Entertainment for1 the project. The City and Chamber would execute a MOU with the Chamber. The MOU would outline our respective roles and responsibilities forthis project. The City would issue payment forl halfofthe cost ofthe video, $2,250 to the Chamber, once the video is reviewed and approved by the City. Therefore, it is recommended Council authorize staff to enter into a Memorandum of Understanding with the Chamber ofCommerce fort thej production ofa commercial length video and a series ofs short promotional clips and issue payment of$2,250 which is halfthe project cost to the Blythe Chamber of Commerce. ATTACHMENTS: 1. MT Music & Entertainment Proposal -205 MT CMINCHINTIIANVENT MT Music & Entertainment Inc. 45625 Citrus Ave, Unit A Indio, CA 92201 Blythe Chamber of Commerce Blythe, CA 92225 Subject: Proposal for Blythe Chamber of Commerce Tourism Project I hope this letter finds you well. My nameris Manuel Martinez, and I am the President of MT Music & Entertainment Inc. We are excited to present this proposal to collaborate with the City of Blythe Chamber of Commerce to develop a comprehensive tourism promotion campaign that highlights the unique attractions and opportunities our beautiful valley has to offer. Our goal is to producerar apmmerciallengttr video along witha aiseriesrof short promotional L clips that will showcase Blythè's-major events, butdoor activities, anid entertainment options. These promotional materials will betailored to enhancethe city's focus on economic development, targeting major retailers such as Amazon, Grocery Outlet, and philanthropic investors interested in supporting and growing the local economy. To successfully execute this project, we propose a production fee of$4,500, which will çover all aspects ofvideo production, including scripting, filming, editing, and post-production. Project Scope: Main Commercial Video (2-3 minutes): A dynamic, high-quality film that encapsulates the essence of Blythe as a thriving, adventure-filled destination. Short Promotional Clips (15-30 seconds each): A series ofbite-sized videos highlighting key attractions such as: o Outdoor adventures (hiking, boating, fishing, camping, and golfing). o Annual events & festivals that bring our community together. Family-friendly activities & entertainment options. -206 The warm, welcoming culture of Blythe. Example Video Script: Looking. for the perfect weekend getaway? Ready to leave the stress of the big city behind and experience the charm of a small-town oasis? Come see for yourself why Blythe, California, is calling you! Nestled along the stunning Colorado River, Blythe is a small town packed with big fun and unforgettable outdoor adventures. Whether you're looking to relax under the warm sun, cast a line and reel in the big one, or explore miles ofscenic hiking trails, Blythe has something, for everyone. Imagine a place where you can enjoy water sports, play a round ofgolfwith breathtaking desert views, or take a leisurely stroll through our charming downtown. From annual festivals that bring our community to life to thé endless recreational opportunities in our backyard, Blythe is the perfect spot to visit, vacation, or even call home! Discover why Blythe ismore than just a stop on the map it's a destination waiting to be explored. Experiencethe. hospitality, adventure, and vibrant spirit ofl Blythetoday! We are confident that this promotional campaign will seive as an invaluable tool in attracting visitors, businesses, and inyèstors to Blythe. We look forward to working closely with the City of Blythe Chamber ofCommerce to bring this vision to life and appreciate your consideration ofthis proposal. Please feel free to reach outat your convenience to discuss further details. We are excited about the opportunity to collaborate and showcasé all that Blythe has to offer. Best regards, MUSIG & ENTERIAINMIENT Manuel Martinez President MT Music & Entertainment Inc. -207 REPORTS -208 PUBLIC COMMENT -209 ADJOURN -210