BLYTHE CITY COUNCIL FIRST ARIT Blythe * TS SCCITE AGENDA May 13, 2025 Closed Session: 5:15 P.M. Regular Meeting: 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 CITY OF BLYTHE Blythe CITY COUNCIL MEETING May 13, 2025 Closed Session: 5:15pm Regular Session: 6:00pm Joseph DeConinck, Mayor Johnny Rodriguez, Vice Mayor Jospeh Halby, III, Council Member Samuel Burton, Council Member Summer Spraggins, Council Member CALL TO ORDER ROLL CALL PUBLIC COMMENT: Members of the public may address the City Council only on those items listed on the Closed Session agenda. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6. Agency Designated Representative: Mallory Crecelius. Employee Organizations: Mid-Management and Clerical Units. 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 msutterleld@cityotblythe.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 1 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.dlyollymhe.ca.gow Blythe CITY OF BLYTHE CITY COUNCIL MEETING May 13, 2025 6:00pm CALL TO ORDER ROLL CALL Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attorney Roberto Fire Chief Hasler Council Member Halby City Treasurer/Finance Director Elms Public Works Director Elegores Council Member Burton Chief Building Official Brown Council Member Spraggins PLEDGE OF ALLEGIANCE INVOCATION ADDED STARTER: The City Council may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the City Council and/or staff subsequent to the posting of the Agenda. An action adding an item to the Agenda requires a 2/3 vote of the City Council (4 of 5 Council Members). Ifless than 2/3 of the City Council is present, adding an item to the Agenda requires a unanimous vote. PROCLAMATION: (Item 1) 1. Building Safety Month = May 2025 CONSENT CALENDAR- (Items 2-13) 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, May 9, 2025. 3. Approval of the Warrant Register. Recommendation: Approve 5/13/25, warrants numbered 11052 through 11090 and 79507 through 79575 in the amount of $730,836.70; 5/13/25, Utility Billing Refund warrants numbered 79576 through 79586 in the amount of $972.38 and 5/13/25, warrants numbered 11091 through 11095 and 79587 through 79640 in the amount of $321,369.96. 4. Approval of the Payroll Register. Recommendation: Approve 5/13/25, warrants numbered 55116 through 55132 and Direct Deposit warrants numbered 61731 through 61806 in the amount of $301,334.99; 5/13/25, warrants numbered 55133 through 55151 in the amount of $1,032.45 and Direct Deposit warrants numbered 61807 through 61883 in the amount $331,302.57; 5/13/25, warrants numbered 55152 through 55163 and Direct Deposit warrants numbered 61884 through 61984 in the amount of $90,353.02 and 5/13/25, warrants numbered 55164 through 55103 and Direct Deposit warrant numbered 61985 in the amount of $1,714.62. 5. Minutes of the April 8, 2025, City Council Meeting. Recommendation: Approve the Minutes of the April 8, 2025 Meeting. 6. City of Blythe Permits Issued in the Month of April 2025. Recommendation: Receive and file the monthly report. 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 ini 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: ww.dlyatiythecagov. 7. City of Blythe Fire Department Monthly Activity Report for April 2025. Recommendation: Receive and file the monthly report. 8. City of Blythe Police Department Monthly Activity Report for April 2025. Recommendation: Receive and file the monthly report. 9. Quality of Life Program Activity Report for April 2025. Recommendation: Receive and file the monthly report. 10. General Plan Annual Report for 2024. Recommendation: Receive and file the Annual General Plan Report for 2024 and direct staff to forward the report to the Governor's Office of Planning and Research and the Department of Housing and Community Development per Government Code Section 65400. 11. Authorize Acceptance of Work - 2024 Beautify Blythe Project - Package III = Public Works Yard. Recommendation: Authorize the Interim City Manager to accept the work performed by James Burrow DBA Burrow Construction for the 2024 Beautify Blythe Project = Package II - Public Works Yard, once completed to the satisfaction of Public Works and Building Department staff, authorize the Interim City Manager to execute the Notice of Completion upon such acceptance and authorize the City Clerk to file the Notice of Completion and authorize staff to release project bonds once appropriate. 12. Annual Rate Adjustment Under Solid Waste Franchise Agreement. Recommendation: Approve the annual rate adjustment pursuant to Section 22.7 of the Solid Waste Franchise Agreement between the City and CR&R Incorporated for exclusive solid waste handling services. 13. Annual Assessment for Lighting District Nos. 1 and 2 for Fiscal Year 2025/26. Recommended: Adopt the following Resolutions: RESOLUTION 2025-004 =- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2025-2026 ASSESSMENT TO BE LEVIED WITHIN THE CITY OF BLYTHE LIGHTING DISTRICTNO. 1. RESOLUTION 2025-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINIARY APPROVING THE ENGINEER'S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO.1, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS. RESOLUTION 2025-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2025-2026 ASSESSMENT TO BE LEVIE WITHIN THE CITY OF BLYTHE LIGHTING DISTRICT, NO. 2. RESOLUTION 2025-007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARY APPROVING THE ENGINEER'S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO. 2, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Publici inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.elyothylhecago, PUBLIC HEARING: (Items 14-16) 14. 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, subsequent to the public hearing, introduce Ordinance No. 937- 25. ORDINANCE NO. 937-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELS AND ADDING A NEW SECTION 17.27.050 (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, 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) 15. Consideration of Adoption of Urgency Ordinance No. 939-25-U, Repealing and Replacing Chapter 17.33 (Accessory Dwelling Units/Junior Accessory Dwelling Units) of Title 17 (Zoning) of the Blythe Municipal Code for Compliance and State Law; and Review of Ordinance No. 940-25, Repealing and Replacing Chapter 17.33 (Accessory Dwelling Units/Junior Accessory Dwelling Units) of Title 17 (Zoning) of the Blythe Municipal Code for Compliance with State Law Recommendation: The City Council, acting as the City's Planning Agency, conduct a public hearing on Ordinance No. 940-25, repealing and replacing Chapter 17.33 of the Blythe Municipal Code to be compliant with State Law provisions on ADUS and JADUS. After the public hearing, it is recommended Council, acting as the City Council, adopt Urgency Ordinance No. 939-25-U to immediately provide the City with the ability to regulate ADUS and JADUS to the extent allowed by law. URGENCY ORDINANCE NO. 939-25-U - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND PLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY SWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY, ACT (CEQA) PURSUANT TO PUBLIC RESOURCE CODE SECTION 21080.17 ORDINANCE NO. 939-25 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND PLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY SWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCE CODE SECTION 21080.17 16. Revocation of Business License Issued to Fortune Five Properties LLC dba Econo Lodge-Blythe Recommendation: Conduct a public hearing and provide direction regarding the revocation of the business license issued to Fortune Five Properties LLC dba Econo Lodge-Blythe. If the City Council desires to revoke the business license, it is recommended that the Council adopt the following resolution: RESOLUTION NO. 2025-008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REVOKING THE BUSINESS LICENSE (BL-10876) ISSUED TO FORTUNE FIVE PROPERTIES LLC DBA ECONO LODGE-BL YTHE, LOCATED AT 903 W. HOBSONWAY, BLYTHE, GA 92225 Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Publici inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.dilyothyhecagow, NEW BUSINESS: (Items 17-20) 17. Agreement with County of Riverside Purchasing and Fleet Services Department. Recommendation: Enter into a contract with the County of Riverside Purchasing and Fleet Services Department for fuel and car wash services provided at County service sites and authorize the Interim City Manager to execute the contract in such final form as approved by the City Attorney, commencing upon execution by both parties, continuing in effect through June 30, 2030. Should the value of the contract exceed $100,000 and require the County of Riverside Board of Supervisors approval pursuant to Section II (A), authorize the Interim City Manager to execute subsequent actions taken by the Board of Supervisors, in such form as approved by the City Attorney. 18. Letter Supporting SB 534 = Salton Sea Region Green Empowerment Zone. Recommendation: Issue a letter of support for SB 534, the Salton Sea Region Green Empowerment Zone. 19. Setting Support for a Border Fuel Tax Exemption Zone as a Legislative Priority. Recommendation: Set an effort to create a Border Fuel Tax Exemption Zone for retail fueling stations located within 20 miles of the Arizona border as a legislative priority, authorize the Mayor to execute and submit letters of support for this effort on behalf of the City and direct staff and the CVSP Closure Committee to work with the City's Lobbyist and elected officials on policy and/or legislation to create a fuel exemption border zone for Blythe. 20. Ordinance. Adopting Amended Military Equipment Policy Pursuant to Assembly Bill 481. Recommendation: Council introduce Ordinance No. 941-25. ORDINANCE NO. 941-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSURANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) ORAL REPORTS (Council may ask a question for clarification, make a brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.) PUBLIC COMMENT Public comments will be allowed on matters not appearing on the agenda, but within Counci/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration. ADJOURNMENT The next meeting will be held on June 10, 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@cilyotblylhe.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 Publici 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.dlyotblylhecagov. PROCLAMATION GITY OF BLYTHE proclamation BUILDINGSAFETY MONTH MAY 2025 WHEREAS, The City of Blythe. recognizes that our growth and strength depends on the safety and essential role of our homes, buildings and infrastructuré play, both in évérydaylife and when disasters striké; and, WEREAS, our.confidence: inf thè resilience ofthese buildings that make up our community is achieved through the devotion. of vigilant guardians building safety and fire prevéntion officials; architects, engineers, builders, tradèspeople,; design professionals, laborers, plumbers. and others in the construction industry - who work yearround to ensure the safe construction of! buildings; and WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together Jocal, state, territorial, tribal and federal: officials who are experts in the built environment to create and implement the highest-quality codes and' standards to protect us in the buildings where we live, learn, work and play; and WHEREAS, thése modern building codes and standards include safeguards toj protect the public from hazards such as hurricanes, showstorms, tornadoès; wildland fires, floods and earthquakes; and WHEREAS, Building Safety Month is sponsored by, the International Çode Council to remind the public about the critical role of our communities' largely unknown protectors of public safety our code officials - who assure us of safe; suistainable and affordable buildings that are essential to our prosperity; and WHEREAS, "Game On!" thé theme for Building Safcty Month 2025, encourages us all to get involved. and raise awarenèss about building safety on aj personal, Jocal and global scale; and WHEREAS, each year, in observançe ofBuilding. Safety Month, people all over the world are asked to consider the commitment to improye building safety, resilience ànd economic investmént at home and in the community, and to acknowlédge the essential seryiçe provided toi all of us by loçal, staté, tribal, territorial and federal building safety and fire prevention departments, in protecting livès and property. NOW, THEREFORE, L Joseph Deconinck, Mayor of the City of Blythe, do hereby proclaim the month of May, as BUILDING SAFETY MONTH. Iurge all citizens to be conscious of the safety ofbuildings they occupy and construct and to create awareness of the importance of construction and building codes and those who uphold these codes. IN WITNESS WHEREOF, Fhave hereunto set my hand and caused the official seal oft the City of Blythe, Califomia to be affixed this 13- day of May 2025, Mayor Dated - CONSENT CALENDAR 1 N & 4 4 5 9 4 -1 B -1 -1 10 -1 n 1 -1 L -1 N N -1 -1 2N 2 -1 3 -1 4 -2 3 5 -2 6 -2 -2. 8 8 -2 9 DE -2: -2 -2 -2 -2 Minutes of the Blythe City Council Meeting April 8, 2025 The April 8, 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, and Police ChiefDale. The Pledge of Allegiance was led by Mayor DeConinck. The Invocation was led by Councilman Burton. PROCLAMATION: DMV/DONATE LIFE MONTH APRIL 2025. Mayor DeConinck presented a Proclamation to Dave Holland of One Legacy of Southern California and Donate Life. CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. Ifany item requires individual consideration, it will be removed. from the consent calendar and acted upon separately. 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 ofs $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. 7. City of Blythe Permits Issued in the Month of March 2025. Recommendation: Receive and file the monthly report. 8. City ofBlythe 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. -31 10. Ouality 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 Ouarter 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 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 IN THE. R-MAND 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 SECTIONIS06IB)8) (COMMONSENSE EXEMPTION) 16. Adoption Of Ordinance No. 938-25 Amending Provisions of Chapter 2.65 (Purchasing Svstem) 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 AUTHORITI, BIDDING EXEMPTIONS AND SURPLUS PROPERTY No Public Comment. Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. PUBLIC HEARING: 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 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 -3 by-right approval of housing development that includes 20 percent of the 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 identified in the 4th and 5th Cycles Housing Element. As part of implementing this program, the proposed ordinance rezones two parcels, APNs 845030002 and 845030003, by adding a Housing Element Overlay to each parcel. Ordinance No. 935-25, which was introduced at this 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. 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. Therefore, it is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance No. 937-25. Public Comment: Kathy Linares of 2545 Fairway Drive stated we have no idea about these items and then you don't discuss it. We have more low-income housing in Blythe per capita than New York city. Do we have any low-income housing specifically for the elderly? We are overrun with low-income housing, but we had a prison, SO that made it necessary. The Public Hearing was conducted. ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELSAND. ADDING, A 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 SPECIALNEEDS HOUSING. Categorical Exemption for the Ocean Pacific Energy Company Compressed Natural Gas Fueling Station and Power Generation Project Pursuant to CEQA Guidelines $15332. Interim City Manager Crecelius stated Ocean Pacific Energy applied 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 a property of 78.48 acres south of Interstate 10 and east of U.S. Route 95. The project site 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. The General Plan and zoning land use designation is General Commercial which allows for the development of vehicle fueling stations. Surrounding land uses include 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 project site is entirely within the City of Blythe and will connect to city utility services. As the Lead Agency under the California Environmental Quality Act (CEQA), the City has undertaken preliminary review and determined that the proposed development qualifies for a Categorical Exemption from the provisions of CEQA pursuant to CEQA Guidelines Section 15332 as an in-fill development project. The site is surrounded by a variety of commercial and residential uses. The site lies within the perimeter of City core lands which have been developed -3 in urban uses for decades. The project site is not located in proximity to any wetlands, wildlife refuge, or lands protected under a special habitat conservation management plant. 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 of construction approval and provides adequate species protection for construction at this project site. 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 generate 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 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 of the microturbines and the Casa Encinas at River Heights Apartment Complex located approximately 2,000 feet northeast. As part of the assessment of the proposed project a technical analysis of air quality and greenhouse gas emissions was prepared. 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 of the project would be below all MDAQMD significance thresholds and would adhere to the required BMPs ensuring a less than significant impact. The operation of the 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. 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, and no part of the 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 oft the City Engineer. There is capacity in the City's system to serve this project. It is determined that the site can be adequately served by all required utilities and public services. Based upon review of CEQA 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 of the CEQA Guidelines. The Notice of Exemption will be filed with the County Clerk following City Council approval. Public Comment: James Nelligan ofOP Energy stated we are very excited about this project, and most excited about getting more diesel fueled trucks off the road. Fleets will be rerouting their trucks to take advantage of this facility, and we've received positive feedback for this project. Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. NEW BUSINESS: -3 Report on Emergency Action Taken by Interim City Manager for the Emergency Sinkhole and Manhole Repairs at N. Broadway and Juniper Trail. Interim City Manager Crecelisu stated on March 26,2025, it was brought to the attention of Public Works staff that the pavement near a manhole on North Broadway at Juniper Trail was caving and cracking. It was determined this was being created by a collapsed manhole. After pumping the manhole and lines, removing the dirt and debris, staff determined the falling manhole and roadway paving was required to be repaired along with the rehabilitation of a manhole directly south of the failed manhole. Per Section 2.66.070(B) of the Blythe Municipal Code 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 to 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 a 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. The emergency action was 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 for the 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. Council Member Halby asked about preventive maintenance to keep this from happening in the future. Public Comment: Kathy Linars of 2545 Fairway Drive stated a lot of our roads are in urgent need. You get funds every year for roads. The roads didn't get like this overnight. What do we need to do for some action at the Golf Course? I have lived there for 25 years, and it has never been paved. I feel like we are spending our money on consulting. Council Member Halby moved approval of staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. -3 Fiscal Year 2024/25 Mid-Year Financial Report and Budget Adjustments. Finance Director Elms stated on June 11, 2024 the City Council adopted the FY 2024/25 Operating and Capital Budget. The Mid-year review is an essential element of the budget process. The focus today will be on the City's General Fund, using the first six months of actual data. This allows for an opportunity to update Council and make necessary adjustments. At Mid-year, General Fund revenue actuals are at 32%, or $5.2 million of a $16.1 million budget. Revenues tend to trend below 50% at mid-year due to timing of receipts. Revenue is expected to end the year at $15.3 million, which is 5% below the adopted budget. Sales tax projections are the primary factor and are projected to end the year by 14% below budget. Blythe's sales from July = September of 2024 were down 12% compared to the same period in the previous year. Expenditures are $9 million or 58% of a $16.5 million budget. Departmental expenditure should trend close to 50% at mid-year, with General Government trending above 50% due to payments for pension liabilities and debt payments. On average, the departments are operating at 43% of their budget at mid-year when general government expenditure is factored out. Expenditures are projected to end the year by 4% under budget. There are no notable variations in expenditures. This is also the time for recommended amendments to the budget. Amendments include a decrease in sales tax revenue by $200,000 for Bradley Burnes and a decrease in Measure K of $500,000, an increase in sanitation Franchise fees of $75,000, an increase in PACT fees of $162,000 which was formally approved by Council, an increase in various grant revenue in the amount of $299,000, all of which have been formally adopted by Council and an increase in recreation revenue by $10,000. In expenditures, there is a proposed increase in General Fund appropriations of $388,000, an increase in various expenditure accounts of$ $370,000 for PACT, contract and grant related costs and an increase in Recreation Center expenditures of $18,000. Many general fund revenues are performing as expected or better than expected. Departments are holding to their budget. If the City stays on course, the General Fund will see another positive year. Revenues are outpacing expenditures, even with the adoption of the proposed amendments. There is a decrease in Measure A transfers from a delay in using STIP Trade funds and revenue updates received. There is a decrease in a transfer to street projects due to the delay in starting a project with the County of Riverside. There is an increase in sanitation fees due to a change in contract and grant revenue. There is a decrease in water fund revenue due to grant revenue receipted in the prior year. Notable expenditure amendments include a decrease in Measure A transfers, a decrease in the street fund for delay with a project and an increase in the sanitation funds related to the compost service. It is recommended you receive and file the Mid-year Budget Report and adopt Resolution No. 2025-003 Amending the FY 2024/25 Budget. Council Member Halby asked if the delay in project start will mean it will cost more and highlighted and the increase in workers' compensation costs. Public Comment: Kathy Linares of 2545 Fairway Drive stated what astounds me is entertainment is $10,000? Blythe has nothing now besides the Golf Course. Many years ago, we had a movie theater and a bowling alley. We have no entertainment or medical. You have Admin at $225,000 and Attorney at $297,000. Is that because we don't have a City Planner and are using the Attorney to make Ordinances? We haven't hired a Planner or City Engineer since 2013. We have an Interim City Manager. Why don't we have any professionals in our Building Department? -3: Vice Mayor Rodriguez moved approval of staff' s recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. RESOLUTION NO. 2025-003. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE OPERATINGAND CAPITAL BUDGET. FOR FISCAL YEAR 2024-2025. Hiring a Temporary Part-time Employee for the Wastewater Treatment Plant. Interim City Manager Crecelius stated the Wastewater Treatment Plant has three budgeted operator positions and one budgeted Wastewater Treatment Plant supervisor position. Due to the recent retirement of the Plant Supervisor, there are three operators running the Plant which is staffed 7 days a week. One of the operators is on unexpected medical leave which has created a critical staffing shortage at the Wastewater Treatment Plant. Staff identified a previous employee of the City's WWTP, Victor Williams, with 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 days off, which he has not had since the week of March 10th. Mr. Williams is willing to work for the City two days a week for a limited term. 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. If approved, Mr. Williams will report to work on Sunday, April 13, 2025. Therefore, it is recommended the City Council approve the hiring of one 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. Exhibit A of the Resolution was inadvertently left out of the Agenda. Revised copies of the Resolution with Exhibit have been provided to you and the Public and should be made part oft the record. No public comment. Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Council Member Spraggins with a unanimous aye vote. RESOLUTION NO. 2025-002. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING THE. REVISED, SCHEDULE OF, AUTHORIZED POSITIONS. Partnership with the Blythe Chamber of Commerce on a Tourism and Economic Development Video Project. Interim City Manager Crecelius stated staff has wanted to create a video for use in the City's economic development pursuits for several years. The idea was floated by the Palo Verde Economic Alliance committee a few years ago. At the time, the Chamber planned to create their own tourism video. Without a partner, staff pursued other avenues, and the City's PR firm submitted a quote for a video production with their annual agreement renewal, but funding was not awarded for the project at that time. There is renewed interest from the Chamber in partnering with the City on a video project. Proposals for a video were received from JamSpot Media in the amount of $ 22,500 for the development of two commercials and support trailers and $19,000 for one commercial and supporting trailer/video short. Tripepi Smith provided a proposal for $20,000 for a one-minute commercial, 10-15 photos and a 1 minute social media video and $30,000 for a one-minute commercial, 20-30 photos and three 1-minute social media videos. MT Entertainment submitted a proposal for $4,500 for a 2-3-minute commercial and short promotional clips. Each company had impressive presentations and video ideas, but MT -3 Entertainment is willing to do the work for a fraction of the cost. The owner is a Chamber Member and partners with the Chamber on events. As such, he is offering his services at a discounted price to help the chamber and the City in our pursuit of attracting visitors and businesses to Blythe. To streamline the project, staff suggest the Chamber hire MT Entertainment. The City and Chamber would execute a Memorandum of Understanding outlining our respective roles and responsibilities. The City will issue payment to the Chamber for half of the cost, once the video is complete. Therefore, it is recommended Council authorize staff to enter into a Memorandum of Understanding with the Chamber of Commerce for the production of a commercial length video and a series of short promotional clips and issue payment of $2,250 which is half the project cost to the Blythe Chamber of Commerce. No public comment. Vice Mayor Rodriguez moved approval of Staff's recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote. ORAL REPORTS: Council Member Halby stated related to entertainment, it's not true. We had a free concert for the community behind my shop last Sunday. Matt Faris played. It was well attended with funds raised for the community by Prime Leaf. The City isn't in the business of opening businesses, but we encourage businesses to come in and open businesses in Blythe. There is red tape you would go through in any City in California. Council Member Burton gave a shout out to Public Works for the Broadway Manhole repair. PUBLIC COMMENT: None ADJOURN: The City Council meeting was adjourned at 6:59pm. Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk -3' 5/5/2025 City of Blythe Page 1 8:34:33AM PERMITS ISSUED For the Period 4/1/2025 thru 4/30/2025 Permit No./Issued Applied/Approved Type/Sub-Tupe/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid SAB2504-010 ELEC 445 EARLE STREET CHAD GRUBBS 43,364.00 833.64 833.64 4/17/2025 SOLAR 851142029 BRIGHT PLANET SOLAR INC 4/17/2025 ISSUED Permit Name PV + ST 4/17/2025 SAB2504-002 ELEC 596 SOUTH SOLANOAVENUE CEASAR R VASQUEZ TRUST 37,260.00 882.84 882.84 4/8/2025 SOLAR 869032006 BRIGHT PLANET SOLAR INC 4/8/2025 ISSUED Permit Name PV+ ST 4/8/2025 SAB2504-007 ELEC 2631 FAIRWAY: DRIVE RACHEAL DUARTE 46,641.60 833.06 833.06 4/8/2025 SOLAR 821241008 LGCY INSTALLATION SERVICE 4/8/2025 ISSUED Permit Name PV+ + ST 4/8/2025 B2503-022 ELEC 401 NORTH NINTH STREET ASHBY CANDERSON 4,900.00 297.00 297.00 4/9/2025 851033008 JOHNSON CYLE ELECTRIC INC 3/27/2025 ISSUED Permit Name 100 A to 200A 4/7/2025 SAB2504-003 ELEC 621 NORTHI NINTH STREET STEVEN & NINA MOORE 48,375.90 1,021.29 1,021.29 4/9/2025 SOLAR 857064001 LGCY INSTALLATION SERVICE 4/9/2025 ISSUED Permit Name PV & ST 4/9/2025 SAB2504-004 ELEC 334 VILLAGE DRIVE CLAYTON. & PLEMMONS ET AI 55,156.96 952.17 952.17 4/10/2025 SOLAR 842161050 PORTICADE ENERGY LLC 4/10/2025 ISSUED Permit Name PV+ST 4/10/2025 SAB2504-005 ELEC 2651 NORTH DATE ROAD NORMAE RUIZ RAMIREZ 62,074.00 1,024.07 1,024.07 4/10/2025 SOLAR 851102004 LGCY INSTALLATION SERVICI 4/10/2025 ISSUED Permit Name PV & ST 4/10/2025 SAB2504-006 ELEC 291 NORTH BIRCH STREET EVELYN & CYLE GEORGE 65,952.60 0.00 0.00 4/11/2025 SOLAR 851071024 LGCY INSTALLATION SERVICE 4/11/2025 DENIED Permit Name This is a MH 4/11/2025 SAB2504-001 ELEC 2760 COLORADO RIVER ROAL ANDRE & FARIDA BLAKEY 83,147.00 812.81 812.81 4/4/2025 833360040 FREEDOM FOREVER LLC 4/4/2025 ISSUED Permit Name PV+ ST 4/4/2025 SAB2504-009 ELEC 371 NORTH EIGHTH STREET MARK LSCHRINER 61,008.00 699.93 699.93 4/15/2025 851023013 FREEDOM FOREVER LLC 4/15/2025 ISSUED Permit Name PV- ST 4/15/2025 SAB2504-015 ELEC 214 SOUTH SPRING STREET JEROME WILLIAMS 29,526.00 693.84 0.00 4/30/2025 SOLAR 848053001 CLEANI ENERGY SOLUTIONS I 4/30/2025 ISSUED Permit Name PV & ST 4/30/2025 SAB2504-011 ELEC 626 NORTHI LOVEKIN BOULEV ANTONIO & MARIA AGUILAR 42,460.00 0.00 0.00 4/17/2025 842041037 BRIGHT PLANET SOLAR INC 4/17/2025 NEED MORE INFO Permit Name PV ST 4/17/2025 B2504-014 ELEC 408 EAST CHAPARRALI DRIVE DEREK RANKIN 750.00 297.00 297.00 4/24/2025 842200017 BURROW CONSTRUCTION 4/22/2025 ISSUED Permit Name Repairs & Upgrade 4/23/2025 SAB2504-012 ELEC 515 WEST CALIFORNIA STREE ARYANNA CATTELL 22,000.00 583.86 583.86 4/21/2025 SOLAR 842131019 STEVE GRIFFIN CONSTRUCTK 4/21/2025 FINALED Permit Name PV & ST 4/21/2025 PERM133 -3 5/5/2025 City of Blythe Page 2 8:34:33AM PERMITS ISSUED For the Period 4/1/2025 thru 4/30/2025 B2504-002 ELEC 4801 NORTH LOVEKIN: BOULEV ANGELICA GALLEGOS 77,244.60 1,121.04 1,121.04 4/22/2025 SOLAR 845022022 HELIOGOLD 4/1/2025 ISSUED Permit Name PV+ ST & MPU 4/9/2025 SAB2504-013 ELEC 349 NORTH FIFTH STREET DENISE ROMERO 40,000.00 695.20 695.20 4/22/2025 845190040 ALLTECH SOLAR INC 4/22/2025 ISSUED Permit Name PV+ST 4/22/2025 SAB2504-014 ELEC 351 BRISTLECONE, AVENUE GERALDO & LOURDES ARELL. 40,000.00 696.20 0.00 4/30/2025 SOLAR 854122004 STEVE GRIFFIN CONSTRUCTIC 4/30/2025 ISSUED Permit Name PV & ST 4/30/2025 B2504-009 ELEC 470 SOUTH FIFTH STREET RUTH & MARCELINOLUNA 15,350.44 767.00 767.00 4/30/2025 SOLAR 848172038 GRID. ALTERNATIVES 4/11/2025 ISSUED Permit Name Roof Solar w/MPU & batteries 4/16/2025 SAB2505-001 ELEC 2438 RIVIERA DRIVE JAY & DEBRAARNESON 31,312.00 1,019.07 0.00 4/29/2025 SOLAR 875280016 DEMAND CONSTRUCTION INC 4/29/2025 DENIED Permit Name This is al MH 4/29/2025 SAB2504-008 ELEC 202 SOUTH FOURTH STREET CODYI ES SHERMAN 73,603.20 838.57 838.57 4/15/2025 SOLAR 848092026 LGCY INSTALLATION SERVICE 4/15/2025 ISSUED Permit Name PVA & ST 4/15/2025 Total for: ELEC 880,126.30 14,068.59 11,659.48 Permit No./Issued Applied/Approved TypeSub-lypeStatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2504-003 ENCROACHMENT East Hobsonway & Date Road CITY OF BLYTHE RIGHT OF WA 14,008.00 687.00 687.00 4/24/2025 FRONTIER CALIFORNIA INC 4/2/2025 ISSUED Permit Name WO #50153-5380004 4/23/2025 Total for: ENCROACHMENT 14,008.00 687.00 687.00 Permit No./Issued Applied/Approyed TypeSub-TypeStatus: Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2504-001 OTHER 1271 NORTH EUCALYPTUSAV OSCAR & KRISTINA GAMEZ 11,500.00 958.40 958.40 4/10/2025 839010009 OWNER 4/4/2025 ISSUED Permit Name Changeout Doors, New Walls & Window 4/9/2025 Total for: OTHER 11,500.00 958.40 958.40 Permit No./Issued Applied/Approved TipeSub-TypeSlatus Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2504-006 PLUMB 8401 EAST HOBSONWAY ALBERTSONS: LLC 3,690.00 147.00 147.00 4/18/2025 BACKFLOW 854020023 CRECELIUS INC 4/9/2025 ISSUED Permit Name BACKFLOW 4/9/2025 Total for: PLUMB 3,690.00 147.00 147.00 Permit No./Issued Applied/ADDroYed TupeSub-TypeSlatus Site Address and] Parcel No. Ownerand Contractor Valuation Fees Paid PERM133 -3: 5/5/2025 City of Blythe Page 8:34:33AM PERMITS ISSUED For the Period 4/1/2025 thru 4/30/2025 B2504-024 REMOVE-C 495 NORTH MAIN STREET ANTHONY F ROSSETTI 96,000.00 0.00 0.0 4/25/2025 845040018 R&I L WATKINS INC 4/25/2025 4/25/2025 ISSUED Permit Name Total for: REMOVE-C 96,000.00 0.00 0.0 Permit No./Issued Applied/Approved TypeSab-Type/Status Site Address and] Parcel No. Owner and Contractor Valuation Fees Pai B2504-007 RERF 1050: NORTH LOVEKIN BOULE KAJA HOLDINGS 2 800.00 182.50 182.5 4/9/2025 TEAR OFF 839031013 OWNER 4/8/2025 ISSUED Permit Name TEAR OFF ON CARPORT 4/9/2025 B2504-005 RERF 508 WEST CALIFORNIASTREE JACQUELYNE R VASQUEZ 16,618.00 348.44 348.4 4/14/2025 TEAR OFF 842132010 COWBOYS ROOFING INC 4/7/2025 FINALED Permit Name TEAR OFF 4/8/2025 B2504-008 RERF 202 SOUTHI FOURTH STREET CODY ES SHERMAN 14,481.00 313.54 313.5 4/14/2025 TEAR OFF 848092026 COWBOYS ROOFING INC 4/11/2025 4/11/2025 ISSUED Permit Name TEAR OFF, 1900 sq ft Total for: RERF 31,899.00 844.48 844.4 Permit No./Issued Applied/Approved TypeSub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Pai RC2503-001 RIVCOUNTY 11332 DESERT TRAILWAYS LA CORTAZAR & GONZALES 0.00 427.50 427.51 4/24/2025 836160007 SUNRUN INSTALLATION SERV 3/20/2025 ISSUED Permit Name Roof Mount Solar 4/7/2025 Total for: RIVCOUNTY 0.00 427.50 427.51 28 Permits Issued from 4/1/2025 Thru 4/30/2025 Total Valuation: $1,037,223.30 Total Fees: $17,132.97 Total Fees Paid: $14,723.86 5/5/2025 City of Blythe Page 8:38:23AM Permits Applications Received For the Period 4/1/2025 thru 4/30/2025 Permit No. Applied Type Subtype Status Site Address/Parcel No. AplanvOamw/Comtade: L2504-001 4/7/2025 BUSINESSLICENS APPLIED 127 WESTI HOBSONWAY ALVAREZ THE PLANTS LADY Permit Name 845133022 GRANT & CHERRY MAYFIELD Description: 1 Permit Applications from 4/1/2025 Thru 4/30/2025 -4 5/5/2025 City of Blythe Page 8:38:03AM Permits Applications Received For the Period 4/1/2025 thru 4/30/2025 Permit No. Applied Type Subtype Status Site Address/Parcel No. ApleamvOamerCamtnda. BP2504-001 4/10/2025 BURNPERMIT FINALED 304 NORTH CARLTON. AVENUE FRANK LEIVAS Permit Name Tumbleweeds & Piled Wood Waste/Brush 836062021 MARGARETI LEIVAS Description: BP2504-002 4/16/2025 BURNPERMIT FINALED 942 WEST BARNARDSTREET OWNER Permit Name Piled Wood' Waste/Brush 836090015 GILBERT & ROSALIA GUILIN Description: BURN ONLYON DESIGNATED: BURN DAYS AND WHEN THE NATIONAL WEATHER FORCASTS THAT WINDSPEEDS ARE TOI BE: FORCAST BELOW 151 MPH AND THERE: IS NO INVERSIONI LAYER. BP2504-003 4/22/2025 BURNPERMIT FINALED 2047 AGATE TERRACE ROAD OWNER Permit Name TUMBLEWEEDS 857190012 MICHAEL & CINDY LANCE Description: BP2504-004 4/25/2025 BURNPERMIT FINALED 200 BLK WEST CHANSLORWAY SHORTY & HULL Permit Name Includes -008 & -009 842070007 DAWN L BROWN TRUST Description: 4 Permit Applications from 4/1/2025 Thru 4/30/2025 5/5/2025 City of Blythe Page 3 8:40:48AM Permits Finaled For the Period 4/1/2025 thru 4/30/2025 Permit No. Iss/Finaled Type/Sub-Type Site. Addr/ Parcel No./ / Applicant Lot/Bldg Size Lot & Block Tract & Subdivision SAB2412-008 12/30/2024 ELEC 584 EAST CHAPARRAL DRIVE 4/29/2025 SOLAR 842216007 PORTICADE, ENERGY LLC 33 Permits Finaled from 4/1/2025 Thru 4/30/2025 5/5/2025 City of Blythe 8:49:42AM Cases Opened (By Type) For the Period 4/1/2025 thru 4/30/2025 Type of Case Number opened BLDG 1 COMPLAINT 5 DEBRIS DUMPING HAZMAT WEED WITNESS IN FIELD ZONING 4 Total Cases Opened: 15 CloSed in April: al Remaining: 292 -4 5/5/2025 City of Blythe Page 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 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 CUP2504-001 CUP Evana's Activity Center RECIEVED HECTOR GOMEZ 4/24/2025 400 WEST HOBSONWAY Comments: Total Projects for MALLORY CRECELIUS For the Period 4/1/2025 thru 4/30/2025: 1 5/5/2025 City of Blythe Page 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 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 TUP2504-001 TUP Rotary Cinco de Mayo Event APPROVED JOSEPH MICHAEL HALBY II 4/17/2025 4/30/2025 135 NORTH COMMERCIAL STREET 4/30/2025 Comments: VP2504-001 VACANT PROPERTY RECIEVED ROBERT A GEORGE 4/17/2025 2105 WEST HOBSONWAY Comments: Total Projects for MICHELLE VAN DYKE For the Period 4/1/2025 thru 4/30/2025: 2 -4 5/5/2025 City of Blythe Page 3 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 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 G2504-001 GRAFFITI bus stop bench COMPLETED 4/1/2025 600 block of W WELLS ST Comments: G2504-002 GRAFFITI fire hydren COMPLETED 4/1/2025 100 block ofs SPRING ST Comments: G2504-003 GRAFFITI stop sign COMPLETED 4/1/2025 14000 block ofs COMMERCIAL ST Comments: G2504-004 GRAFFITI no right turns sign COMPLETED 4/1/2025 14000 block of S COMMERCIAL ST Comments: G2504-005 GRAFFITI covered graffiti COMPLETED ARTURO SOTO 4/1/2025 648 WEST RICE STREET Comments: G2504-006 GRAFFITI fire hydren COMPLETED 4/1/2025 200 block of E OASIS ST Comments: G2504-007 GRAFFITI sidewalk COMPLETED 4/1/2025 700 block ofE 14TH AVE Comments: G2504-008 GRAFFITI stop sign COMPLETED 4/1/2025 500 block ofN 5TH ST Comments: G2504-009 GRAFFITI playground COMPLETED CITY OF BLYTHE 4/3/2025 375 EAST DONLON STREET Comments: PROIT5 CRW/SYSTEMS 4. 5/5/2025 City of Blythe Page 4 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-010 GRAFFITI picnic area canopy COMPLETED 4/3/2025 300 block of BRISTLECONE AVE Comments: G2504-011 GRAFFITI fire hydren COMPLETED 4/3/2025 1300 block of SUNSET DR Comments: G2504-012 GRAFFITI stop sign COMPLETED 4/3/2025 400 block of RIVER VALLEY AVE Comments: G2504-014 GRAFFITI speed limit sign COMPLETED 4/3/2025 1300 block ofE 14TH AVE Comments: G2504-015 GRAFFITI stop sign COMPLETED 4/3/2025 500 block of WILLIAMS RD Comments: G2504-016 GRAFFITI stop sign COMPLETED 4/3/2025 500 block of BELL LN Comments: G2504-017 GRAFFITI stop sign COMPLETED 4/3/2025 500 block of GATE WAY ST Comments: G2504-018 GRAFFITI sewer lift COMPLETED 4/3/2025 300 block of S INTAKE BLVD Comments: G2504-019 GRAFFITI sewer lift COMPLETED 4/8/2025 300 block of S INTAKE BLVD Comments: G2504-020 GRAFFITI covered graffiti COMPLETED DESERT HORIZON 4/8/2025 691 WEST HOBSONWAY Comments: PROI15 CRW/SYSTEMS -4 5/5/2025 City of Blythe Page 5 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-021 GRAFFITI covered graffiti COMPLETED HPD RIVERSIDE & NATL HOUSING C 4/8/2025 200 NORTH LOVEKIN BOULEVARD Comments: G2504-022 GRAFFITI P.VI.D canal COMPLETED 4/8/2025 2200 block of E DONLON ST Comments: G2504-023 GRAFFITI fire hydren COMPLETED 4/8/2025 2000 block of E DONLON ST Comments: G2504-024 GRAFFITI speed limit sign COMPLETED 4/8/2025 300 block of E DEKEMA ST Comments: G2504-025 GRAFFIT! stop sign COMPLETED 4/8/2025 300 alley way of E DEKEMA ST Comments: G2504-026 GRAFFITI stop sign COMPLETED 4/8/2025 200 block of S 1ST ST Comments: G2504-027 GRAFFITI covered graffiti COMPLETED CAZAREZ & CONTREIAS 4/10/2025 118 WEST RICE STREET Comments: G2504-028 GRAFFITI speed limit sign COMPLETED 4/10/2025 1300 block of E CHANSLORWAY Comments: G2504-029 GRAFFIT! light pole COMPLETED 4/10/2025 100 block of] N SPRING ST Comments: G2504-030 GRAFFITI COVERED GRAFFITI COMPLETED KEHL FAMILY TRUST 4/10/2025 213 W HOBSONWAY Comments: PROJ15 CRW/SYSTEMS -4 5/5/2025 City of Blythe Page 6 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-031 GRAFFITI stop sign COMPLETED 4/10/2025 100 alley way of N MAIN ST Comments: G2504-032 GRAFFITI fire hydren COMPLETED 4/10/2025 400 block of N 3RD ST Comments: G2504-033 GRAFFITI stop sign COMPLETED 4/10/2025 400 block of N 3RD ST Comments: G2504-034 GRAFFITI fire hydren COMPLETED 4/10/2025 700 block of E WISCONSIN Comments: G2504-035 GRAFFITI speed limit sign COMPLETED 4/10/2025 300 block of] N 5TH ST Comments: G2504-036 GRAFFITI covered graffiti COMPLETED JOYCE A WONG LIVING TRUST DTD 4/15/2025 1588 EAST HOBSONWAY Comments: G2504-037 GRAFFITI covered graffiti COMPLETED 890 HOBSON LLC 4/15/2025 890 EAST HOBSONWAY Comments: G2504-038 GRAFFITI P.V.I.D canal COMPLETED 4/15/2025 2200 block of E DONLON ST Comments: G2504-039 GRAFFITI covered graffiti COMPLETED COACHELLA VALLEY HOUSING COALI 4/15/2025 170 SOUTH SPRING STREET Comments: G2504-040 GRAFFITI light pole COMPLETED 4/17/2025 200 block ofN CARLTON AVE Comments: PROI15 CRWSYSTEMS 4 5/5/2025 City of Blythe Page 7 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-041 GRAFFITI covered graffiti COMPLETED NEW COMMUNICATIONS OF THE SOUT 4/17/2025 400 EAST RICE STREET Comments: G2504-042 GRAFFITI stop sign COMPLETED 4/17/2025 200 block ofs 3RD ST Comments: G2504-043 GRAFFITI stop sign COMPLETED 4/17/2025 300 block of W RICE ST Comments: G2504-044 GRAFFITI covered graffiti COMPLETED LA CASITA CAFE INC 4/17/2025 830 WEST RICE STREET Comments: G2504-045 GRAFFITI palm tree COMPLETED 4/17/2025 800 block of W RICE ST Comments: G2504-046 GRAFFITI do not enter sign COMPLETED 4/17/2025 600 block of E DEKEMA ST Comments: G2504-047 GRAFFITI covered graffiti COMPLETED VALLADOLID ET AL 4/22/2025 1573 EAST HOBSONWAY Comments: G2504-048 GRAFFITI covered graffiti COMPLETED GOTTBERG & ENTIN ET AL 4/22/2025 149 EAST HOBSONWAY Comments: G2504-049 GRAFFITI covered graffiti COMPLETED HAMID AGHASSI 4/22/2025 266 COTTONWOOD LANE Comments: G2504-050 GRAFFITI covered graffiti COMPLETED HOBSON HOSPITALITY 4/22/2025 1673 EAST HOBSONWAY Comments: PROI15 CRWSYSTEMS 4 5/5/2025 City of Blythe Page 8 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-051 GRAFFITI baracade COMPLETED 4/22/2025 200 block of DATE RD Comments: G2504-052 GRAFFITI stop sign COMPLETED 4/22/2025 100 block of N 5TH ST Comments: G2504-053 GRAFFITI stop sign COMPLETED 4/22/2025 200 block of W WELLS ST Comments: G2504-054 GRAFFITI on way sign COMPLETED 4/22/2025 600 block of W DONLON ST Comments: G2504-055 GRAFFITI stop sign COMPLETED 4/22/2025 500 block of W DONLON ST Comments: G2504-056 GRAFFITI covered graffiti COMPLETED COACHELLA VALLEY HOUSING COALI 4/24/2025 170 SOUTH SPRING STREET Comments: G2504-057 GRAFFITI covered graffiti COMPLETED DESERT HORIZON 4/24/2025 691 WEST HOBSONWAY Comments: G2504-058 GRAFFITI P.V.I.D canal COMPLETED 4/24/2025 2200 block of E DONLON ST Comments: G2504-059 GRAFFITI COB sewer lift COMPLETED 4/24/2025 300 block ofs S INTAKE BLVD Comments: G2504-060 GRAFFITI COB sewer lift COMPLETED 4/29/2025 300 block ofs INTAKE BLVD Comments: PROI15 CRW/SYSTEMS -4 5/5/2025 City of Blythe Page 9 8:47:28AM Projects by Type, Status and Date For the Period 4/1/2025 thru 4/30/2025 G2504-061 GRAFFITI COB trash can COMPLETED 4/29/2025 200 block of W BARNARD ST Comments: G2504-062 GRAFFITI COB trash can COMPLETED 4/29/2025 100 block of W CHANSLORWAY Comments: G2504-063 GRAFFITI fire hydren COMPLETED 4/29/2025 300 block of N SOLANO AVE Comments: G2504-064 GRAFFITI front door COMPLETED SYLVIA MARCOTTE CLOUTIER 4/29/2025 200 WEST HOBSONWAY Comments: G2504-065 GRAFFITI light pole COMPLETED 4/29/2025 100 block ofNI MAIN ST Comments: G2504-066 GRAFFIT speed limit sign COMPLETED 4/29/2025 800 block of N BROADWAY Comments: G2504-067 GRAFFITI watch for children sign COMPLETED 4/29/2025 200 block of BIRCH ST Comments: G2504-068 GRAFFITI stop sign COMPLETED 4/29/2025 400 block of HOLLEY LANE Comments: G2504-069 GRAFFITI stop sign COMPLETED 4/29/2025 500 block of HOLLEY LANE Comments: G2504-070 GRAFFITI stop sign COMPLETED 4/29/2025 1100 block ofN BUCALYPTUS ST Comments: Total Projects for RICKY AGUILAR For the Period 4/1/2025 thru 4/30/2025: 69 PROJ15 CRW/SYSTEMS 4 CITY OF BLYTHE FIRE DEPARTMENT MONTHLY INCIDENT AND ACTIVITY REPORT April 2025 Incident Total Public Assist / Rescue / Medical Aid 34 Structure 2 Brush, Grass, Leaves 11 Trash, Rubbish, Dumpster 2 Arching Electric Equip./Power Line Down 1 Other 5 Total # of Incidents 55 Activity Drills 4 Staff Meeting 1 Races 6 Total Activities 11 Respectfully Submitted Ronald Hasler, Fire Chief -5 d a CHIEF * BLYTFE BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief of Police OCS Monthly Incident and Activity Report April 2025 Incident Total Resident Burglaries 3 Commercial Burglaries 1 Vehicle Burglaries Domestic Violence 5 Battery 4 Grand Theft Petty Theft 4 Shoplifting 1 Traffic Collision-lInjury 1 Traffic Collision-Non injury 7 Traffic Collision-Hit and Run 5 Driving Under the Influence 8 Vandalisms 8 Trespassing I Prowlers Public Intoxication 2 Alarm 19 Abandoned Vehicle Abatement 6 AVA Vehicles Tows Vehicle Red Tags 1 Hospital Helicopter Landings 3 Documented Police Reports 163 Total Incidents 1327 -5 CHIEF / BLYTHE BLYTHE POLICE DEPARTMENT 240 North Spring Street . Blythe, CA 92225 . (760) 922-6111 Garth V. Dale, Chief of Police OC Quality of Life Program The statistics listed below reflect total numbers of the Quality-of-Life Program for April 2025. Quality of Life Detail: April Year to Date People contacted. 126 411 People given bus tickets and left town to seek resources 2 17 elsewhere. People assisted with obtaining their ID or Social Security. 5 12 Cards to register for housing and assistance. People transported to or referred to DPSS/Mental Health. 34 180 People detained under 5150 Welfare and institutions 4 19 Code and transported for treatment. People sent to rehab. 1 3 People sent for substance abuse. 2 7 People picked up by a family member and taken home 1 1 out of town. Patrol assisted 21 21 Enforcement action taken(Arrests and Warrants). 2 Traffic Detail: Citations issued for various traffic related violations. 9 13 Traffic enforcement vehicle stops resulting in warnings for 6 20 minor violations. Vehicles stored 1 5 -5 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT S E5 MEETING DATE: May 13, 2025 SUBJECT: General Plan Annual Report for 2024 PRESENTED BY: Mallory Crecelius PREPARED BY: Michelle Van Dyke RECOMMENDATION: It is recommended that the City Council receive and file the Annual General Plan Report for 2024 and authorize staffto forward the report to the Governor' s Office ofPlanning and Research (OPR) and the Department ofHousing and Community Development (HCD) per Government Code Section 65400. FISCAL IMPACT: None BACKGROUND: State law requires every city and county to prepare and adopt a comprehensive, long-term general plan for the physical development of the city or county. Policy and project decisions made by the City as well as projects initiated by staff such as land use approvals, zoning code updates, subdivision, city projects and programs and capital improvement projects must be consistent with the goals and policies contained within the General Plan. State law requires a General Plan to include the following elements: Land Use, Circulation, Housing, Conservation, Open Space, Noise and Safety. Periodically, each of the above elements must be updated to comply with changing state law requirements. On August 13, 2024, the City Council adopted the City's 6th Cycle Housing Element for the 2021-2029 period. The Housing Element was officially approved by the California Department ofHousing and Community Development (HCD) on August 29, 2024. STAFF REPORT: Pursuant to Government Code Section 65400(a)(2), all cities and counties must submit to their legislative bodies an annual report on the progress made in the implementation ofthe goals and objectives contained within the General Plan. In addition, the annual report must be submitted to the Governor's Office ofPlanning and Research (OPR) and HCD. The annual report gives the OPR the opportunity to identify statewide trends in land use decision-making and local planning and development activities. On March 27, 2025, the City Council received and filed and authorized staff to forward the Housing Element portion of the Annual Progress Report to OPR and HCD. The remaining portions of the City's Annual Report is provided as an attachment to this staff report. Therefore, it is recommended that the City Council receive and file the General Plan Annual Report for 2024 and authorize staff to forward the report to the Governor's Office of Planning and Research (OPR) and the Department ofHousing and Community Development (HCD) per Government Code Section 65400. ATTACHMENTS: 1. General Plan Annual Report for 2024 -5. CITY OF BLYTHE FIRST GART VA Blythe SCCIITNE T 2024 GENERAL PLAN APR REPORT -5 General Plan Annual Progress Report Calendar Year 2024 City of Blythe, California 235 North Broadway, Blythe CA 92225 Submitted to: Governor's Office ofLand Use and Climate Innovation (LCI) and California Department of Housing and Community Development (HCD) Prepared by: City of Blythe, Development Services Department Michelle Van Dyke, Permit Technician (760) 922-6130 momabiaabofbylisasy Pursuant to Government Code $ 65400 -5: Annual Progress Report - 2024 TABLE OF CONTENTS I. Annual Report Introduction. 2 II. General Plan Implementation 2 III. Streamlining Housing Production 5 IV. Effectiveness in Meeting Goals and Objectives 6 V. Plans to Increase Local Housing Availability 11 City of Blythe 1 -5 Annual Progress Report = 2024 I.Annual Report Introduction The City of Blythe has prepared and submits this annual progress report (APR) to the Governor's Office ofLand Use and Climate Innovation (LCI), and the California Department of Housing and Community Development (HCD). This report satisfies Government Code Section 65400(a)(2), and reflects the programs and actions undertaken to implement the City's "General Plan 2025"1 between January 1, 2024, and December 31, 2024. The State ofCalifornia Government Code Section 65400 requires jurisdictions provide an annual review to their legislative body (in this case City Council), the Governor's Office of Land Use and Climate Innovation (LCI), and California Department of Housing and Community Development (HCD) on the status ofthe City's General Plan and progress in implementing the goals, policies and objectives outlined therein. The report highlights completed areas oft the General Plan and future priorities and amendments. State law requires that the annual report be completed and submitted to the State by. April 1 of each year. The City of Blythe's General Plan was adopted in 2007 and has been updated periodically as needed or as required by state law. The General Plan contains seven (7) elements, including the fourteen (14) required by the California Government Code and is consistent with the OPR guidelines. II. General Plan implementation The General Plan contains a comprehensive list of different areas ofi improvement in the city for new residential, commercial and industrial projects. It also provides information on better neighborhood improvement practices to promote during daily life. Key activities and projects which occurred in 2024 that relate to specific tools within the adopted General Plan are listed below. January 2024 repealed & replaced the prior Sign Ordinance with an updated ordinance. Beautify Blythe Project: 24 bus shelters and amenities across three underserved census tracts; a decorative wall and perimeter solar lighting at the Public Works Yard; a restroom at Transit's CNG Fueling Station; landscaping, parking lot improvements and solar lighting at Miller Park; and an outdoor public space, iron fencing, decorative security fencing and solar lighting at the PVVTA Operations Facility on Main Street. The Beautify Blythe Project included community engagement, clean up events (removal of 120 cubic yards of debris), and ribbon cuttings. Chanslor Place subdivision received needed sewer repairs from Public Works for Phase II. Chuckawalla Valley State Prison closed, which will have an undetermined, yet most likely drastic impact on our community. A new water reservoir was replaced at the PV College Project. City of Blythe 2 -5 Annual Progress Report - 2024 Engevik Park has received a new Playground Shade Structure. Work began for the Hidden Beaches Water System Treatment, Filtration and Storage project. The City's Wastewater Treatment Plant received Roof Repairs and was Painted. Pumping Station #5 Renovation Project. Organic Waste Program, as per SB 1383, started October 1st Chipotle restaurant constructed a new facility and came to our City for the first time. Grocery Outlet came to Blythe for the first time (opened in Jan '25). A new restaurant remodeled an existing, abandoned location and opened Quesa Birria Tacos. A1 businessman remodeled an existing, abandoned location into Anthoney's Automotive. Water valve replacements were changed out city wide. Housing Element Reporting and RHNA Requirements State law requires that the City report on the number of new housing units produced each calendar year and track the progress towards meeting the Regional Housing Needs Allocation (RHNA) assigned to the City for the RHNA Reporting Cycle. Appendix A includes the completed Department of Housing and Community Development (HCD) forms which provides status updates regarding Housing Element implementation. These forms were submitted to HCD through the State's Housing Element Tracking System portal and are only provided in this report as reference. This is the same report Council was presented with at the March 27th Council meeting. Ido not know why the yellow highlight is on the first page. The yellow highlight on the last page denotes that the field has more characters than the report requested. RHNA Progress 2024 RHNA progress is tracked and monitored annually by collecting data on the number of permitted units during the reporting period. From the start ofthe 6th Cycle in October 2021 to the end of2024, the City permitted 17: residential units. Ofthese units, 3 were permitted during the 2024 calendar year. This includes 5 single family homes, of which 3 were new builds and 2 were in-infills (replacement homes); 10 manufactured homes, of which 2 were new installations and 8 were infills; 1 duplex family residential, which was a replacement ofa single unit demo; and 1 accessory dwelling unit. For the 2021-2024 RHNA assignment period, the City was allocated 483 households and are being asked by the state to provide 41 units for extremely low-income households. Table 1 provides the housing need projections, classified by income level, for the City as identified by SCAG through CVAG. City of Blythe 3 -5 Annual Progress Report - 2024 Table 1 Blythe Household Need Projection By Income Group 2021 = 2024 Total Units Very Low Income Low Income Moderate Income Above Moderate Income 483 82 71 91 239 Source: 2024 Housing Element APR Report data from HCD Table 2 provides the 2024 maximum San BerardinoRiverside County acutely low, extremely low, very low, low/lower, median and moderate household income limits as determined by the U.S. Department ofHousing and Urban Development (HUD). Although household incomes vary considerably throughout Riverside and San Bernardino Counties, the City is required to use countywide HUD income limits to evaluate housing affordability. Table 2 2024 San Bermardimo/Riverside County Maximum Household Income Limits Income Household Size Group 1 person 2 person 3 person 4j person 5 person 6j person 7 person 8 person Acutely Low $10,250 $11,700 $13,200 $14,650 $15,800 $17,000 $18,150 $19,350 Low Extremely $21,550 $24,600 $27,700 $31,200 $36,580 $41,960 $47,340 $52,720 Very Low $35,900 $41,000 $46,100 $51,250 $55,350 $59,450 $63,550 $67,750 Low/Lower $57,400 $65,600 $73,800 $82,000 $88,600 $95,150 $101,650 $108,250 Median $68,250 $78,000 $87,750 $97,500 $105,300 $113,100 $120,900 $128,700 Moderate $81,900 $93,600 $105,300 $117,000 $126,350 $135,700 $145,100 $154,450 Source: Stradling Yocca Carlson & Rauth 2024 San Bemardino/Rivenide County. Affordable Housing Worksheet Table 3 shows the City's overall progress towards meeting its share of the projected regional housing needs. The City has added 11 new housing units since 2021. Table 3 City's Progress In Achieving Its Share Of Projected Regional Housing Needs Income Group Housing Unit Units Added Affordability Allocation 2021 2022 2023 2024 Very Low 82 Low 71 Moderate 96 4 1 Above Moderate 245 2 4 Total 494 4 2 1 4 Source: Table B of the California Housing Element. APR from HUD City of Blythe 4 -5: Annual Progress Report - 2024 II. Streamlining Housing Production In 2021, the City applied for and was awarded a $65,000 LEAP grant. This grant provided funding for preparing and adopting the Housing Element ofthe General Plan and included an element to smooth conformance with the sixth cycle RHNA. It allowed for the development of an accessory dwelling unit ordinance, per the Government Code. Adoption of an appropriately designed. ADU Ordinance allows for many new housing opportunities which will assist families with some additional income and help other families who may be in search of housing. The update to the Housing Element will allow for expansion in Planning activities, updating ofthe Planning procedures, and design suggestions fori increased housing production. Most importantly, it allows for the refurbishment of the General Plan and community and specific plans. This will attract and ençourage residential dwelling and multi-family unit construction projects. At the end of2022 into the beginning of 2023 the City applied for and was awarded a $40,000 CalAPP Grant through the Energy Commission. This was due to California's new regulation that all jurisdictions must use SolarAPP+ [solar automated permit processingl, or another equal platform, to streamline and expedite the permitting process for residential rooftop solar systems, aiming to foster the adoption of clean energy by making it easier for local governments to approve standardized projects quickly and safely. IV. Effectiveness in Meeting Goals and Objectives Goal 1 - Attract & Provide Housing to Meet Current & Future Needs Program 1 - Fund 3 Housing Rehabilitation/Preservations Projects & Target 5 Successful Down Payment Assistance Applications Status = Ongoing Program 2 - Connect Low & Very-Low-Income Homebuyers with Resources from the Imperial Valley Business Resource Center Status - Ongoing Program 3 = Send Notices to Housing Developers Annually Regarding Density Bonuses For Qualifying Applicants Status Ongoing Program 4 Reuse Sites (No Rezoning Required) Status- Ongoing City of Blythe 5 -61 Annual Progress Report - 2024 Program 5 - Ensure Adequate Sites Are Available Status - Ongoing Program 6 = Monitor Blythe's Potable Water-Generating Capacity & the Potable Water Distribution for any Future Required Expansion Status - Ongoing Program 7 - Monitor Blythe's Sewer System & Treatment Capacity for any Future Required Expansion Status - Ongoing Program 8 Enforce California Building Code & Encourage Energy-Efficient Construction Techniques Beyond the State Minimum Status Ongoing Program 9 - Provide Information on & Promote Energy-Eficiency Working with SCE, CVAG & IREN. Status Ongoing Program 10 - Work with Riverside County Fair Housing to Support & Enforce Fair Housing Laws and Policies. Status - Ongoing Goal 2 Develop housing choices and a variety of affordable, quality housing among extremely low-, very low-, and low-income households, especially among overcrowded households. Program 11 - Support self-help programs for lower-income (extremely low-, very low-, low-) and special needs households; provide assistançe through organizations in the construction of six [6] self-help homes; two nuisance properties will be identified and abated annually for a total of16 properties during the 2021 to 2029 planning period. Status - Ongoing Program 12 - Analyze & update various existing programs for lower-income homebuyers that include Mortgage Credit Certificate Programs, First-Time Home Buyer, and various other existing assistance programs, & facilitate one annual community forum to engage and inform the public of available homebuyer assistance programs. Status Ongoing Program 13 - Identify zoning to encourage & facilitate housing suitable for extremely low, very low-, low-, and moderate-income households & for all special needs households, such as supportive housing and single-room occupancy units. Status - Ongoing City of Blythe 6 -6 Annual Progress Report - 2024 Program 14 - The City shall pursue available & appropriate state and federal funding sources to support efforts to preserve and meet new construction needs of extremely low-, very low, low-, and moderate-income households and for all special needs households & in an overcrowded situation. The City will apply as a co-applicant with Riverside County for at least one housing funding source per calendar year. Status - Ongoing Program 15 - Create marketing material to promote available, vacant sites within the City to low-income and market-rate housing developers. Status - Ongoing Program 16 = The City will amend the Zoning Code to: Permit manufactured housing in the same manner and in the same zone as a conventional or stick-built structures are permitted pursuant to Government Code 65852.3 and consolidate R/MH and Mobile Home zones. Implement Streamlined Ministerial Approval Processes for development that conforms to SB 35 and Government Code $65913.4 requirements. Modify the City's parking requirements to create separate requirements for detached single-family homes and multi-family developments and create multifamily parking standards based on the number of bedrooms. Modify the lot coverage requirements for the R-M and R-H zones. Revise Conditional Use Permit findings to ensure findings are objective and provide for certainty in outcomes, and to remove the required findings for approving residential uses in nonresidential zones only if dwelling is in character with the existing neighborhood and the adjacent uses are residential. Establish Project Review Committee (PRC) Process and create findings for approval that are objective and provide certainty in outcomes. Status - Ongoing Program 17 - To encourage transparency & facilitate development site selection, the City will post the City's Zoning Map on the City website, as well as additional information, including the Planning and Development fee schedule, Planning applications and forms, and informational handouts that are currently available at the public counter but not on the website. Status - Ongoing Program 18 - Update & Revise the City's ADU & JADU Ordinance Status - Ongoing Program 19 - Meet the various housing & related service needs of lower-income seniors at a local level. Status Ongoing City of Blythe 7 -6: Annual Progress Report - 2024 Program 20 - Coordinate quarterly with the Palo Verde Valley Transit Agency to ensure that the public transportation needs of seniors and special needs groups have adequate access to needed medical services, shopping, & other amenities from their residences. Status Ongoing Program 21 Increase participation in the USDA Home Rehabilitation Grant/Loan Program. Assist one very low-income family to secure rehabiitation funds. Preserve 8 very low-income units during the 2021 to 2029 planning period. Status - Ongoing Program 22 - Increase the supply of shelter options for the homeless. Status - Ongoing Program 23 - The City shall cooperate quarterly with neighboring cities, the County, and other agencies in the development of programs aimed at providing homeless shelters and related services. Participate in the Riverside County Continuum of Care activities. Continue the Homeless Outreach Team (HOT) activities and coordinate with the Regional Access Project (RAP) quarterly community forum. Status - Ongoing Program 24 - Meet the housing needs of persons with disabilities. Status Ongoing Program 25 - Revise Zoning Ordinance to reflect State law requirement for residential care facilities of 6 or less & 6 or more persons. Status Ongoing Program 26 - The City will work with the Inland Regional Center to implement an outreach program that informs families within the City on housing & services available for persons with developmental disabilities. Post a hyperlink to the Inland Regional Center on the City website. Status - Ongoing Program 27 = The City will amend the Zoning Code to ensure that supportive and transitional housing are treated as residential uses subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone. Specifically, the City will ensure the City's regulations are consistent with AB 2162, which requires certain supportive housing projects of 50 units or fewer to be permitted by right in all zones where multifamily and mixed-use developments are permitted and prohibits parking requirements within % mile of public transit. Zoning Code will also be amended to reflect current state law requirements including language for low-barrier navigation centers. Low-barrier navigation centers will be allowed pursuant Government Code $65660. Emergency shelters in the City of Blythe are permitted by right in the I-S and I-G zones, which allow single-family residential uses with a conditional use permit. An analysis of suitability based on parcel size identifies 56 vacant I-S and I-G parcels of less than one acre in size that would be appropriate for small to City of Blythe 8 -6 Annual Progress Report 2024 medium size shelter facilities with enough spread to adequately accommodate the City's unsheltered homeless. The City will amend the Zoning Code to address recent changes: Expand the definition of emergency shelters per AB 2339 to include interim housing options such as navigation centers, bridge housing, and respite and recuperative care. Amend Parking standards for emergency shelters to be based solely on staffing level pursuant to AB 139. Status = Ongoing Program 28 - The Zoning Ordinance does not currently contain provisions for employee housing. Health and Safety Code $17021.5 (Employee Housing Act) requires jurisdictions to permit employee housing providing accommodations for six or fewer employees to be deemed a residential use subject to the same standards as single family residences. The City will amend the Zoning Ordinance to comply with the Employee Housing Act. Status - Ongoing Program 29 - Chapter 17.85 provides a clear process to facilitate the review and approval of requests for reasonable accommodation. Overall, the factors considered for approval are objective; however, "potential impact on surrounding uses" is broad and open to interpretation by the decision maker. The City will amend Chapter 17.85 to remove this factor from consideration when reviewing reasonable accommodations. Status - Ongoing Goal 3 Facilitate and promote renovations and replacement housing as necessary to upgrade the City's inventory of substandard and dilapidated houses, mobile homes, motels, apartments, and other seasonal, temporary, or permanent dwelling units. Program 30 - Upgrade the quality of housing through renovations, remodeling, and/or replacement as needed to reduce the number of substandard and dilapidated houses in the city. Status - Ongoing Program 31 Identify funding mechanisms to use for the purchase and rehabilitation of fixer-up homes by lower-income (extremely low-, very low-, low-) and special needs households (e.g., elderly, homeless, farmworkers, persons with disabilities, female-headed households). Assist one lower income or special needs household annually to secure home rehabilitation funds. Status Ongoing Program 32 - Continue to collaborate with the County of Riverside to secure funds for rehabilitation oflower-income owner-occupied homes. Strive to rehabilitate an average of one (1) lower-income, owner- occupied home annually. Status - Ongoing City of Blythe 9 -6 Annual Progress Report - 2024 Program 33 - Continue code enforcement action on substandard motels and apartments as complaints occur or as routine inspection data is collected. Code enforcement will follow-up with code violation complaints within 72 hours of report ofviolation. Status - Ongoing Program 34 = Monitor affordable units to ensure that their affordability is preserved. Annually contact property owners, gauge interest and identify nonprofit partners, and pursue funding and preservation strategy on a project basis. The City will work with tenants of at-risk units and provide them with education regarding tenant rights and conversion procedures. The City will also provide tenants living in at-risk projects, with information regarding Section 8 rent subsidies through the Housing Authority and other affordable housing opportunities in the City. Facilitate the creation of two (2) low-income units and forty-five (45) moderate-income units by the end of the 2021-2029 planning period. Status - Ongoing Goal 4 Facilitate development that promotes inclusive, diverse communities that provide all income segments ofthe community access to high resource areas. Program 35 Analyze vacant sites and provide zoning conducive to the development of mixed income development in high resource areas. Status - Ongoing Program 36 - Review and revise the Land Use Map to identify opportunities for inclusion of low income, medium to high density development in high resource areas, as identified in the. AFFH analysis. Status - Ongoing Program 37 - Promote communities that reduce greenhouse emissions, create transient- oriented development, and alternate to automobile transportation pathways. Status - Ongoing Program 38 - Pursue funding annually for housing developments that incorporate active transportation initiatives; pedestrian pathways, shaded bus stops, and create green spaces that reduce heat islands. Status Ongoing Goal 5 Affirmatively, further fair housing. Program 39 - Meet the various housing and related service needs of community members who are lower income, persons and households with special needs, members of protected classes, and in areas of high segregation and poverty or are identified as special needs communities by State and federal Law (i.e. disadvantaged (SB 535), sensitive communities (SB 50), Racially and Ethnically Concentrated Areas of] Poverty (R/ECAPs), etc.). Status - Ongoing City of Blythe 10 -6: Annual Progress Report - 2024 Program 40 - To adequately meet the housing needs of all segments ofthe community, the City will affirmative further fair housing through strategies that focus on outreach and enforcement, access to opportunities, anti-displacement, place-based strategy for improvement, and new housing in high resource areas. Status - Ongoing Program 41 - The City will implement a comprehensive communication strategy (See AFFH Outreach Strategies below) that includes a menu of actions aimed at effectively disseminating information about existing resources and programs to underserved and sensitive communities, ensuring equitable access and awareness of available opportunities. 1. City website 2. Social media 3. Email Newsletter 4. Community Events 5. Doris Morgan Community Center Status Ongoing Program 42 - Anti-Displacement Strategy: The City is committed to preserving housing stability and affordability for residents and providing assistance to businesses SO that they can stay and thrive in Blythe. Status - Ongoing V. Plans to Increase Local Housing Availability Residents in Census Tract 461.02 and 462 are at increased risk of displacement as displacement forces (private investments, rising housing costs, limited affordable housing opportunities, closure of Chuckwalla Valley State Prison) disproportionately impact lower income households, minority households, and households already experiencing cost burdens and overcrowding. To ensure existing residents in Census Tracts 461.02 and 462 can remain and benefit as the neighborhood improves the City will: Implement Program 1.A.1 (first time homebuyer, down payment assistance, and rehabilitation programs), Program 2.A.1 (Self-Help housing and nuisance property rehabilitation). Program 1.A.2 (pathways to homeownership), and Program 3.A.4 (at-risk unit preservation), included in this Housing Element. Create a list of affordable units available citywide and post it on City website and distribute in the different forums such as social media, newsletter, website, community events. Inform residents of online listing during targeted outreach events. Include portal in City website for providers to report vacancies. Provide Housing Authority of the County of Riverside with updates on unit vacancies. Provide a link to the County's Housing Authority's Affordable Housing Search. Partner with nonprofits that serve underserved residents within the City to share information on fair housing and tenant rights. The City will create a fair housing informational flyer City of Blythe 11 -6 Annual Progress Report - 2024 including Fair Housing Rights and resources available to distribute to local non-profits. Educational flyers will be in English and Spanish. Establish procedures to implement SB 330, including replacement requirements. Collaborate with non-profits to pursue acquistionitehabilitation of affordable housing beyond those at-risk by providing technical assistance. In addition, the City will adopt a multi-pronged anti-displacement strategy to work to relieve displacement pressures. The strategy will include measures that encourage affordable housing production, work to preserve existing affordable housing, and protect current residents from displacement in rapidly changing portions of the city, particularly in Census Tracts 461.02 and 462, where displacement risks are higher. The anti-displacement strategy may various components, such as, but is not limited to, the following potential efforts: Production: increase multifamily residential opportunities throughout the city beyond capacity to meet the RHNA; allow duplexes, triplexes, and multiple JADUS in lower density high resource areas. prioritizing areas at risk of displacement for gap financing resources (such as LIHTC); tax abatements for new multifamily housing projects with affordable housing units; Support capacity building for community development organizations. Preservation: Create partnerships with the Housing Authority to support acquisition of affordable units at-risk of conversion to market rate; identify a code enforcement specialist on staffto provide technical assistance and information to property owners oflower income units to address code enforcement issues; seek funding to support rehabilitation of substandard multifamily units; restrict conversion of existing units occupied by lower-income households to short term rentals; require replacement of all lower income units lost due to redevelopment. Protect Current Residents: Develop an engagement strategy and work with a fair housing service provider to isseminateinformation on tenant protections (especially source ofincome, and State rent stabilization and just cause eviction regulations) and available resources; Incorporate tenant protections for all rental properties receiving city support/funds; Provide tenant relocation assistance and emergency rental assistance. In developing the Strategy, the City shall discuss issues, opportunities, and potential anti- displacement measures with the public through events targeting the Census Tracts 461.02 and 462. Outreach will take into account the high rates of linguistic isolation in these areas and provide materials in Spanish. City of Blythe 12 -6 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT IE MEETING DATE: May 13, 2025 SUBJECT: Authorize Acceptance ofWork - 2024 Beautify Blythe Project - Package III - Public Works Yard PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Council authorize the Interim City Manager to accept the work performed by James Burrow DBA Burrow Construction for the project known as the 2024 Beautify Blythe Project - Package III - Public Works Yard, once completed to the satisfaction of Public Works and Building Department staff, authorize the Interim City Manager to execute the Notice of Completion upon such acceptance, authorize the City Clerk to file the Notice of Completion and authorize staff to release project bonds once appropriate. FISCAL IMPACT: None BACKGROUND: The City entered into an agreement with James Burrow DBA Burrow Construction dated May 22, 2024 for construction of a new restroom facility (for the Transit CNG Station), installation of a new masonry unit (CMU) block wall, modifications offences and gates, and removal and modification ofspecified curb, gutter and sidewalk at the City ofBlythe Public Works Yard. This project was one of four construction agreements entered into as part of the City's 2024 Beautify Blythe Project. Beautify Blythe is a $2.9 million grant award from Caltrans' Local Clean California grant program to beautify public spaçes. The City partnered with the Palo Verde Valley Transit Agency to clean up and beautify various public spaces and facilities. STAFF REPORT: The 2024 Beautify Blythe Project Package III - Public Works Yard Project is 99% complete. As the grant period is winding down, staff is seeking authority to accept the work on this project, once it is completed to the satisfaction of Public Works and the Chief Building Official. The project will be completed within the approved project budget of $582,102. One change orderi in the amount of$13,868 was approved during thej project to supply and install anti-graffiti coating on the 9,600 square foot block wall. Therefore, it is recommended Council authorize the Interim City Manager to accept the work performed by James Burrow DBA Burrow Construction for the project known as the 2024 Beautify Blythe Project - Package III - Public Works Yard, once completed to the satisfaction of Public Works and Building Department staff, authorize the Interim City Managert to execute the Notice of Completion upon such acceptance, authorize the City Clerk to file the Notice of Completion and authorize staff to release project bonds once appropriate. ATTACHMENTS: None -6 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT C MEETING DATE: May 13, 2025 SUBJECT: Annual Rate Adjustment Under Solid Waste Frachise Agreement PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance RECOMMENDATION: Approve the annual rate adjustment pursuant to Section 22.7 ofthe Solid Waste Franchise Agreement between the City of Blythe and CR&R Incorporated ("CR&R") for exclusive solid waste handling services. FISCAL IMPACT: An increase to customers of3.30% for the solid waste service component and 2.88% increase in the landfill component. BACKGROUND: On February 1, 2015, the City of Blythe and CR&R entered into a Second Amendment and Restatement of the Solid Waste Franchise Agreement ("Agreement") for exclusive solid waste handling services. On or about November 12, 2019, the City and CR&R entered into Amendment Number One to the Agreement to add alley clean up services to the scope of services. On September 10, 2024, the City Council approved Amendment Number Two to the Agreement implementing regulatory requirements for SB 1383 organic waste collection at which time the City conducted a public hearing regarding proposed new organic rates to recover costs of providing the services and annual rate adjustments for all services provided for in Section 22.7 of the Agreement. STAFF REPORT: The City contracts with CR&R to provide solid waste collection and disposal services to the residence and businesses within the City of Blythe pursuant to an exclusive franchise agreement. Under the Agreement, the City regulates the services that CR&R provides and the rates that CR&R can charge for those services. Section 22.7.1 of the Agreement provides for annual rate adjustments to service rates commencing July 1, 2015, and on each July 1st thereafter. Requests for rate adjustments must be submitted by CR&R to the City Manager or designee and further approved by City Council before commencement on July 1St of each year. The methodology to be used by CR&R is set forth in section 22.7.2 of the Agreement. In summary, the service component comprises eighty percent (80%) ofthe rate and will be adjusted annually based on the change in the Consumer Price Index (CPI). The other twenty percent (20%) ofsuch charges is for the landfill fees and will be adjusted annually based on the greater ofthe change in the CPI or the percent change in the per ton tipping fees charged by Riverside County for disposing of solid waste at its landfill. All other charges will be adjusted annually based on the change in the CPI. The City received CR&R's request for annual rate adjustment and schedule of new rates on March 11, 2025. The service component has increased by 3.30% and landfill fees by 2.88%. -6 The rates have been reviewed for accuracy. Staff recommends the City Council approve the attached revision to Exhibit A of the Solid Waste Franchise Agreement between the City of Blythe and CR&R providing new rates effective July 1st, 2025. ATTACHMENTS: A. CR&R Sanitation and Landfill Rates for FY 2025-2026 (Exhibit A) -7 ATTACHMENT A Exhibit A City of Blythe - Rate Schedule Rates Effective 7/1/2025 Monthly Service Rate Standard Residential Service (1-90g trash, 1-90g Recy, 1-64g Organics) $28.98 Residential Organics Fee $13.06 Total Standard Residential Rate $42.04 Additional 90 gal- trash $11.53 Additional 90 gal- récycling $2.75 Additional 64 gal- organics $6.20 Commercial Cart Service Cammercial 90 gallon set $106.99 Additional 90. gal commercial çarts $35.41 Commércial Recycle 90 gallon (with bin sèrvice) $71,16 Commercial 2 cubic yard bin Ixv week $142.51 2 x: week $285.40 Commercial 3 cubic yard bin 1x week $214.02 Z x week $358.46 3 * week: $502.80 4x week $647:24 5x week: $791.62 6x week. $936,04 Commercial 4 cubic yard bin Ix week $285.40 2x wéek $477.85 3x week $670.40 4x week: $862.88 Sx week: $1,055.39 6x week: $1,247:88 Çommercial 6 cubic yard bin 1x week $333:15 2x week $654.68 3* wéek $887.51 4x week $1,101.56 5x week. $1,305:32 6x wéek. $1,509.07 Commercial 3 cubic yard recycling bin 1x week $144.02 2* week $245.13 3x week $351.22 4x week $431.14 5x wéek $544,35 6x week $657.55 -7 ATTACHMENT A Exhibit A City of Blythe - Rate Schedule Rates Effective 7/1/2025 Additional Residential Sèrvices Additional Cart Exchange (Over one per year) $22,36 Additional Cart Replacement (Over. one per year) $22.36 Residential Bulky. Item Fee (Over four per Calendar year) $32.12 Residential New Account Set-Up Fee $34.93 Residential Mail-In Sharps Kit $139.61 Residential Compact: Florescent Bulb Kit $78.22 Three Cubic Yard Cleari Up Bin (Includes one service) $73.82 Additional Dump on Twoi Cubic Yard Bin $73.82. Four Cubic Yard. Clean Up Bin (Includes one sérvice) $98.40 Additional Dump on Three Cubic Yard Bin $98.40 Residentiai Bin Relocation Fee $69.82 Residential Delinquent Account Cart Removal 569.82 Residential Delinquent: Account Cart Re-Instatement $69.82 CFC Removal $62.86 Burned Cart Replacement Fee (Residential or Commercial) $90.80 Gréen wastè Drop-Off landcapers/Business Only) $20,95 Other Associated Work. $104.76 -7 CITY OF BLYTHE * Blythe CITY COUNCIL MEETING STAFF REPORT ED MEETING DATE: May 13, 2025 SUBJECT: Annual Assessment for Lighting District Nos. 1 and 2 for Fiscal Year 2025-2026 PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance RECOMMENDATION: It is recommended that the City Council adopt the following Resolutions: Resolution 2025-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATIONAND FILING OF A REPORT. REGARDING THE FISCAL YEAR 2025- 2026 ASSESSMENT TO BE LEVIED WITHIN THE CITY OF BLYTHE LIGHTING DISTRICT NO. 1 Resolution 2025-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICTNO.1, DECLARING ITS INTENTIONTOLEYY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS Resolution 2025-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION. AND FILING OF A REPORT REGARDING THE FISCAL YEAR2025- 2026 ASSESSMENT TO BE LEVIED WITHIIN THE CITY OF BLYTHE LIGHTING DISTRICT NO. 2 Resolution 2025-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR CITY OF. BLYTHE LIGHTING DISTRICT NO.2, DECLARING ITS INTENTIONTO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS FISCAL IMPACT: The 2025-2026 combined annual projected assessment for Lighting and Landscape District Nos. 1 and 2 is $188,350. BACKGROUND: The Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, requires the City Council to conduct annual proceedings -7 in order to levy annual assessments within assessment districts formed under the Act. Willdan Financial Services has prepared an engineer's S report for both Lighting District] Nos. 1 and 2 for fiscal year 2025-2026. STAFF REPORT: Lighting District No. 1: Resolution No. 2025-004 orders the preparation and filing of the Engineer's Report for Lighting District No. 1. Resolution No. 2025-005 requests that Council preliminarily approve the attached Engineer's Report, further declare its intention to levy the annual assessment for Lighting District No. 1, and setting June 10, 2025, at 6:00 p.m. as the date and time for hearing protests to the levy of the annual assessment. Lighting District No. 2: Resolution No. 2025-006 orders the preparation and filing of the Engineer' S Report for Lighting District No. 2. Resolution No. 2025-007 requests that Council preliminarily approve the attached Engineer's Report, further declare its intention to levy the annual assessment for Lighting DistrictNo. 2, and setting June 10, 2025, at 6:00 p.m. as the date and time for hearing protests to the levy of the annual assessment. ATTACHMENTS: A. Resolution 2025-004 B. Resolution 2025-005 C. Resolution 2025-006 D. Resolution 2025-007 E. 2025-2026 Engineer's s Annual Levy Report Lighting District No. 1 F. 2025-2026 Engineer's S Annual Levy Report Lighting District No. 2 -7 RESOLUTION NO. 2025-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2025-2026 ASSESSMENT TO BE LEVIED WITHIN THE CITY OF BLYTHE LIGHTING DISTRICT NO. 1 WHEREAS, the City of Blythe Lighting District No. 1 (the "District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the "Act") to fund the maintenance and servicing of certain public landscaping, the operation and maintenance ofstreetlights and traffic signals, and the maintenance of appurtenant facilities in the City; and WHEREAS, in connection with the District, the City annually levies an assessment against real property; and WHEREAS, the City Council desires to initiate proceedings to levy the assessment for Fiscal Year 2025-2026 in connection with the District; and WHEREAS, no increased assessments, new improvements nor substantial changes in existing improvements within the District are proposed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION2. The City Council orders Wildan Financial Services, as assessment engineer, to prepare and file with the City Clerk a report on the assessment in connection with the District for Fiscal Year 2025-2026. Such report shall include all information required by Section 22565 et seq. of the Act. PASSED, APPROVED, and ADOPTED this 13th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: -7 Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -7 RESOLUTION NO. 2025-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO. 1, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS WHEREAS, the City of Blythe Lighting District No. 1 (the "District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the "Act") to fund the maintenance and servicing of certain public landscaping, the operation and maintenance of streetlights and traffic signals, and the maintenance of appurtenant facilities in the City; and WHEREAS, in connection with the District, the City annually levies an assessment against real property; and WHEREAS, by Resolution No. 2025-004, adopted May 13, 2025, the City Council directed Willdan Financial Services, as assessment engineer (the "Engineer"), to prepare and file a report regarding the District; and WHEREAS, the Engineer has filed said report, entitled "City of Blythe, Lighting District No. 1, 2025-2026 Engineer's Annual Levy Report" (the "Report") and the Report is on file and available for public inspection in the Office of the City Clerk and is incorporated herein by reference; and WHEREAS, the City Council desires to continue with proceedings to levy the assessment in connection with the District for Fiscal Year 2025-2026 as described in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The Engineer's Report is preliminarily approved. SECTION 2. The City Council declares its intention to levy and collect assessments within the District for Fiscal Year 2025-2026 and notes that: (a) The distinctive name of the District is the "City of Blythe Lighting District No. 1." (b) The District is generally located within the entire City ofl Blythe, excluding the City ofBlythe's sewage treatment plant, the Chuckawalla and Ironwood Prison property -7 (City of Blythe Annexation No. 41), and territory annexed to the City of Blythe pursuant to City of Blythe Annexation Nos. 43, 44, 45, 46 and 50, as shown on a map of the District on file in the office of the City Clerk and open to public inspection. (c) The existing and proposed improvements are briefly described as follows: The operation and maintenance of public streets and sidewalks within the District, including the operation, maintenance and servicing of existing and proposed public lighting facilities, landscaping and appurtenant facilities. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, and appurtenant facilities. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or for the lighting or operation ofl landscaping or appurtenant facilities. (d) Reference is hereby made to the Engineer' S Report, on file in the office ofthe City Clerk, for a full and detailed description ofthe improvements, the boundaries ofthe District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. (e) The assessments to be levied and collected against the assessable lots and parcels of property within the District for Fiscal Year 2025-2026 are not proposed to increase from the assessments levied and collected for Fiscal Year 2024-2025. SECTION 3. Lots or parcels of land within the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of Califoria, or the United States shall be assessed unless the entity demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements. SECTION 4. All railroad, gas, water and electric utility right-of-way or electric line right- of-way are included within the District and shall be assessed in accordance with the benefits to be received from the improvements. SECTION 5. A public hearing is set for Tuesday, June 10, 2025, at 6:00 p.m. in the City Council Chambers located at 235 North Broadway, Blythe, California, 92225, to take the testimony on the issue of whether or not the assessments should be approved. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest, prior to the conclusion of the hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person. -7 SECTION 6. The City Clerk shall give notice of said public hearing in the time, form, and manner as required by law, including but not limited to publication of this resolution in accordance with Streets and Highways Code Sections 22552 and 22553. SECTION 7. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under 8 15273 ofthe Guidelines, as none of the proceeds will be used for capital expenses, but will be used instead for operation and maintenance. SECTION 8. The City Council hereby designates Christa Elms, Director of Finance, City of Blythe, 235 North Broadway, Blythe, California 92225, (760) 922-6161 EXT #1230 to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters. PASSED, APPROVED, and ADOPTED this 13th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -7 RESOLUTION NO. 2025-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2025-2026 ASSESSMENT TO BE LEVIED WITHIN THE CITY OF BLYTHE LIGHTING DISTRICTNO.2 WHEREAS, the City of Blythe Lighting District No. 2 (the "District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the "Act") to fund the maintenance and servicing of certain public landscaping, the operation and maintenance of streetlights and traffic signals, and the maintenance of appurtenant facilities in the City; and WHEREAS, in connection with the District, the City annually levies an assessment against real property; and WHEREAS, the City Council desires to initiate proceedings to levy the assessment for Fiscal Year 2025-2026 in connection with the District; and WHEREAS, no increased assessments, new improvements nor substantial changes in existing improvements within the District are proposed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION2. The City Council orders Willdan Financial Services, as assessment engineer, to prepare and file with the City Clerk a report on the assessment in connection with the District for Fiscal Year 2025-2026. Such report shall include all information required by Section 22565 et seq. of the Act. PASSED, APPROVED, and ADOPTED this 13th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: -8 Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -8 RESOLUTION, NO. 2025-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO. 2, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS WHEREAS, the City of Blythe Lighting District No. 2 (the "District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the "Act") to fund the maintenance and servicing of certain public landscaping, the operation and maintenance of streetlights and traffic signals, and the maintenance of appurtenant facilities in the City; and WHEREAS, in connection with the District, the City annually levies an assessment against real property; and WHEREAS, by Resolution No. 2025-006, adopted May 13, 2025, the City Council directed Willdan Financial Services, as assessment engineer (the "Engineer"), to prepare and file ai report regarding the District; and WHEREAS, the Engineer has filed said report, entitled "City of Blythe, Lighting District No. 2, 2025-2026 Engineer's 's Annual Levy Report" (the "Report") and the Report is on file and available for public inspection in the Office of the City Clerk and is incorporated herein by reference; and WHEREAS, the City Council desires to continue with proceedings to levy the assessment in connection with the District for Fiscal Year 2025-2026 as described in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The Engineer' s Report is preliminarily approved. SECTION 2. The City Council declares its intention to levy and collect assessments within the District for Fiscal Year 2025-2026 and notes that: (a) The distinctive name ofthe District is the "City of Blythe Lighting District No. 2." (b) The District is generally located within the City of Blythe, including territory annexed to the City of Blythe pursuant to City of Blythe Annexation Nos. 43, 44, 45, 46 and 50, as shown on a map of the District on file in the office of the City Clerk and open to public inspection. -8 (c) The existing and proposed improvements are briefly described as follows: The operation and maintenance of public streets and sidewalks within the District, including the operation, maintenance and servicing of existing and proposed public lighting facilities, landscaping, and appurtenant facilities. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities, and appurtenant facilities. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or for the lighting or operation ofl landscaping or appurtenant facilities. (d) Reference is hereby made to the Engineer's s Report, on file in the office of the City Clerk, for a full and detailed description of1 the improvements, the boundaries ofthe District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. (e) The assessments to be levied and collected against the assessable lots and parcels of property within the District for Fiscal Year 2025-2026 are not proposed to increase from the assessments levied and collected for Fiscal Year 2024-2025. SECTION 3. Lots or parcels of land within the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the entity demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements. SECTION 4. All railroad, gas, water and electric utility right-of-way or electric line right- of-way are included within the District and shall be assessed in accordance with the benefits to be received from the improvements. SECTION 5. A public hearing is set for Tuesday, June 10, 2025, at 6:00 p.m. in the City Council Chambers located at 235 North Broadway, Blythe, California, 92225, to take the testimony on the issue of whether or not the assessments should be approved. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk, or, having previously filed aj protest, may file a written withdrawal of that protest, prior to the conclusion of the hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person. SECTION 6. The City Clerk shall give notice of said public hearing in the time, form, and manner as required by law, including but not limited to publication of this resolution in accordance with Streets and Highways Code Sections 22552 and 22553. SECTION 7. The City Council finds that the levy and collection of these assessments is statutorily exempt from the California Environmental Quality Act under $ 15273 ofthe Guidelines, -8 as none ofthe proceeds will be used for capital expenses but will be used instead for operation and maintenance. SECTION 8. The City Council hereby designates Christa Elms, Director of Finance, City of Blythe, 235 North Broadway, Blythe, California 92225, (760) 922-6161 EXT #1230 to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters. PASSED, APPROVED, and ADOPTED this 13th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) -8 ATTACHMENT E THE CITY o* Blythe PRELIMINARY DRAFT FOR DISCUSSION PURPOSE ONLY CALIFORNIA FIRST SUNRISE N CALIFORNIA City of Blythe Lighting District No. 1 650 2025/2026 ENGINEER's ANNUAL LEVY REPORT Intent Meeting: May 13, 2025 Public Hearing: June 10, 2025 27368 Via Industria. Suite 200 Temecula, California 92590 T.951.587.3500 800.755.6864 F.951.587,3510 888.326.6864 - - www.willdan.com WILLDAN -8 ATTACHMENT E ENGINEER'S REPORT AFFIDAVIT Lighting District No. 1 City of Blythe Riverside County, State of California This Report describes the District and relevant zones therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2025. Willdan Financial Services Assessment Engineer On Behalf of the City of Blythe By: Stacee Reynolds, Principal Consultant District Administration Services By: Tyrone Peter PE # C 81888 -8 ATTACHMENT E TABLE OF CONTENTS I. OVERVIEW 1 A. INTRODUCTION 1 B. HISTORICAL BACKGROUND AND CURRENT LEGISLATION 1 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2 I. BOUNDARIES OF THE DISTRICT 3 III. IMPROVEMENTS 3 A. LANDSCAPING AND ORNAMENTAL STRUCTURES 3 B. STREET LIGHTS 4 C. PLANS AND SPECIFICATIONS 4 IV. METHOD OF APPORTIONMENT 5 A. ZONES 6 B. ASSESSMENT FORMULA 7 C. SUMMARY OF ASSESSMENTS 9 V. DISTRICT BUDGET 11 VI. ASSESSMENT ROLLS 15 -8 ATTACHMENT E M WILLDAN I. OVERVIEW A. INTRODUCTION Pursuant to the order of the City Council of the City of Blythe, this report is prepared in compliance with the requirements of Articie 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for Fiscal Year 2025/2026 for the District known as: City of Blythe Lighting District No. 1 (Hereinafter referred to as "District"). The District, by special benefit assessments, provide funding for the maintenance of landscaped areas owned by the City of Blythe, for the operation of streetlights owned and maintained by Southern California Edison Company, for the operation and maintenance of traffic signals and for the operation and maintenance of appurtenant facilities; all of which are located in and along public roadways, streets and rights-of ways in the City of Blythe. B. HISTORICAL BACKGROUND AND CURRENT LEGISLATION Section 22573 of the Landscaping and Lighting Act of 1972 (the "1972 Act") requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California)." The 1972 Act also provides for the classification of various areas within an assessment district into different zones were, "by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements. An assessment district may consist of contiguous or non-contiguous areas. As the 2025/2026 Lighting District No. 1 Page 1 -8 ATTACHMENT E M WILLDAN assessments are levied on the basis of benefit, they are considered a special benefit assessment, not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government must be assessed by law unless it can be demonstrated that they receive no special benefit. C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to the District, the 1972 Act defines improvements to mean one or any combination of the following: The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; The costs of printing, advertising, and the publishing, posting and mailing of notices; Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. Costs associated with any elections held for the approval of a new or increased assessment. 2025/2026 Lighting District No. 1 Page 2 -8: ATTACHMENT E M WILLDAN The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: Repair, removal, or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. II. BOUNDARIES OF THE DISTRICT The existing boundary of the District are completely within the City limits of the City of Blythe and is shown on the Boundary Map (on file in the office of the City Clerk at the Blythe City Hall as Exhibit "A" and incorporated herein by reference). The boundary excludes the City's sewage treatment plant and the Chuchwala/fronwood Prison property, which are non- contiguous to the remainder of the City. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office for Fiscal Year 2025/2026. New development projects within the boundary of the District have been, and will continue to be, annexed into Lighting District No. 2 (LD2) since LD2 was formed in 1997. When such an annexation into LD2 is approved, the lots and parcels of land within the annexation are removed from, and become "not a part" of, the District. III. IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: A. LANDSCAPING AND ORNAMENTAL STRUCTURES A map showing the location of all landscaping zones within the District, are on file in the office of the City Clerk at the Blythe City Hall as Exhibit "B". There are six areas in which landscaping, ornamental structures and appurtenant facilities will be maintained and serviced during Fiscal Year 2025/2026; designated as Zones C through H, respectively. Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual 2025/2026 Lighting District No. 1 Page 3 -9 ATTACHMENT E M WILLDAN maintenance, operation and servicing of any improvement, including but not limited to: 1. Repair, removal or replacement of all or any part of any improvement. 2. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. 4. The cleaning, sandblasting and painting of walls and other improvements to remove or cover grafiti. B. STREET LIGHTS A map showing the location of all streetlights to be maintained and serviced by the District are on file in the office of the City Clerk at the Blythe City Hall as Exhibit "C". There are currently seven traffic signals operating with the City. Servicing means the furnishing of electric current or energy, gas or other illuminating agent for public street lighting and appurtenant facilities, including traffic signals. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal, or replacement of all or any part of a component of the street lighting system, including traffic signals and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. C. PLANS AND SPECIFICATIONS The plans and specifications showing and describing the general nature, location and extent of the improvements are on file in the office of the City Clerk and are incorporated herein by reference. 2025/2026 Lighting District No. 1 Page 4 -9 ATTACHMENT E M WILLDAN IV. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among the assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping, ornamental structures, lighting and appurtenant facilities within the District. The maintenance and servicing of public landscaping, ornamental structures, lighting and appurtenant facilities installed and constructed in and along public roadways, streets and rights-of-way in the City of Blythe provides a special benefit which is received by each and every lot or parcel within the specified zones of benefit in the District, tending to enhance their value. Landscaping within the District enhances the aesthetic appeal of parcels within the landscaping zones. In addition, landscaping and ornamental structures improve erosion resistance and dust control. The streets within the District provide access to the lots or parcels assessed. Streetlights improve ingress and egress from such lots or parcels by illuminating access after sunset. Such streetlights, by sO improving ingress and egress, improve the security of such lots or parcels by improving the nighttime visibility of such lots or parcels and improve the access of emergency vehicles thereto and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. The primary benefits of landscaping are as set forth below: 1. Improved aesthetic appeal of nearby parcels. 2. Improved erosion resistance. 3. Improved dust control. 4. Enhancement of the value of property which results from the foregoing benefits. The primary benefits of street lighting, including traffic signals, are convenience, safety, security and protection of property, property improvements and goods as set forth below: 1. Improvement to traffic circulation and reduction in nighttime accidents and attendant human misery and decrease in personal property loss. 2. Less vulnerability to criminal assault at night. 3. Promotion of business during nighttime hours. 4. Improved ingress and egress to lots and parcels. 5. Reduction in vandalism and other criminal acts resulting in damage to improvements. 6. Enhancement of the value of property which results from the foregoing benefits. 2025/2026 Lighting District No. 1 Page 5 -9 ATTACHMENT E M WILLDAN A. ZONES The 1972 Act provides for areas within a district to be classified into different zones. Lighting District No.1 is divided into eight (8) benefit zones. These zones are labeled A through H, inclusive. The zones and the number of parcels within each zone are described as follows; Zone A - All parcels receiving street lighting benefits, including exempt parcels which are not assessed, within the District except for Zone B parcels. Zone B - Zone B is comprised of the following areas that remain largely undeveloped and in which there are no streetlights in public rights-of-way, or which have streetlights whose maintenance and operation is funded by assessments in Lighting District No. 2: 1. The area generally bounded by Hobsonway on the north, the east-west property line immediately south to and adjacent to 1-10 on the south, De Frain Boulevard on the west, and on the east by various property lines lying between Carlton Street and the southerly prolongation of Ehlers Boulevard. 2. The area is generally south of Hobsonway and east of the southerly prolongation of Agate Drive. 3. A portion of City of Blythe Annexation No. 37. 4. A portion of City of Blythe Annexation No. 40. 5. City of Blythe Annexation Nos. 29, 35, 44, 45, and 46 except for that area within Annexation No. 45 that is generally south of IOth Avenue and east of Lovekin Boulevard that has streetlights installed by the City of Blythe; said area being more specifically identified by the following Assessor Parcel Numbers: 839-021-002 through 839-021-004 inclusive; 839-021-006 through 839- 021-015 inclusive; 839-021-018; 839-021-025; 839-022-002; 839-023-001 through 839-023-004 inclusive; 839-024-001; 839-032-001 through 839- 032-007 inclusive; 839-033-001 through 839-033-013 inclusive; 839-033- 016; 839-033-017; 839-033-019; 839-033-020; 839-033-026; and 839-034- 001 through 839-034-003 inclusive. Zone C - Zone C is comprised of the following parcels within the River Valley tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. Those parcels designated by APN's 854- 121-008 through 854-121-021 excluding 854-121-015; 854-121-025; 854-121-030 through 854-121-039 inclusive; 854-122-001 through 854-122-014 inclusive; and 854-123-001 through 854-123-013 inclusive. Zone D - Zone D is comprised of parcels within the Oasis Village tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. The parcels designated by APN's 842-161-001 through 842-161-010 inclusive; 842-161-013 through 842-161-022 inclusive; 842-161-043 2025/2026 Lighting District No. 1 Page 6 -9 ATTACHMENT E MA WILLDAN through 842-161-050 inclusive; 842-162-001 through 842-162-012 inclusive; and 842-163-001 through 842-163-033 inclusive. Zone E - Zone E is comprised of parcels within the Briarbrook tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. The parcels designated by APN's 842-171-002 through 842-171-033 inclusive; 842-171-035; 842-171-037; 842-172-001 through 842-172- 020 inclusive; 842-191-001 through 842-191-023 inclusive; and 842-192-001 through 842-192-017 inclusive. Zone F - Zone F is comprised of parcels within the Desert Horizons tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. The parcels designated by APN's 851-151-001 through 851-151-019 inclusive; 851-152-001 through 851-152-032 inclusive; and 851-153- 001 through 851-153-018 inclusive. Zone G - Zone G is comprised of parcels within the Sonora tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. The parcels designated by APN's 842-141-001 through 842-141-011 (inclusive) excluding 842-141-004 and 842-141-007; 842-141-014 through 842-141-022 inclusive; 842-141-031; 842-141-032; 842-142-001 through 842-142-016 inclusive; 842-143-001 through 842-143-007 inclusive; 842-144-001 through 842- 144-024 inclusive; 842-150-001 through 842-150-009 inclusive; 842-150-019 through 842-150-040 inclusive; and 842-060-034 (38 homes are planned on the parcel designated by 842-060-034) which currently exists in FY 2025/2026. Zone H - Zone H is comprised of parcels within the Vista Sunrise tract that have received a condition of tract map approval requiring the installation of landscaping in the public right-of-way. The parcels designated by APN's 869-371-001 through 869-371-009 inclusive; 869-371-011; 869-371-013 through 869-371-031 inclusive; 869-372-001 through 869-372-007 inclusive; 869-372-009; 869-372-011 through 869-372-015 inclusive; 869-372-017; 869-373-001 through 869-373-010 inclusive; 869-374-001 through 869-374-010 inclusive; and 869-431-005 through 869-431- 010 inclusive. The boundaries of Zones A through H are further described on the Boundary Map (on file in the office of the City Clerk as Exhibit "A"). Zones C through H inclusive overlap Zones A and B, and the landscape maintenance assessment will be in addition to any public street lighting assessment. B. ASSESSMENT FORMULA The formula used to calculate the amount spread to the parcels within the District for street lighting starts with the basic assessment unit. The basic assessment unit 2025/2026 Lighting District No. 1 Page 7 -9 ATTACHMENT E M WILLDAN (AU) is given a value of one (1) for a single-family residential parcel in Zone A. From this base, the remaining parcels are related according to their equivalent benefit within the District. Zone B parcels are not assessed for streetlights. Zones C through H, inclusive, utilize the same formula for landscape maintenance as does Zone A for street lighting. The assignment of assessment units is shown in the table below. Assessment Unit Chart Land Use Land Use Code AU Per Single Family Residenfal(SFR) 1.00 Parcel Apartmentsf 1 thru 4 DU 2,3,4 1.00 DU 51 thru 20 DU 5 0.75 DU 21 thru 50DU 5 Q.67 DU 51 thru 100DU 5 6.50 DU 101 BUOr more 5 0.40 DU Commercial (Non-Vacant) 10 600 Acre ExemptParcels () 20 000 Parcel Vacant (Any Land Usa)ie. 22 0.50 Parcel Public Utitiess 30 6.00 Agre Churches, Frateral Organizations 6 40 1.00 Parcel. Raileoad Properyn 50 300 Acre Agricultural Uses 60 025 Acre Zane B (Notassessed forstreet lighting) 99 0.00 Parcel Notes: (1) DU = Dwelling Unit. The assessment formula for apartment complexes is additive. Apartment units are assessed on a decreasing scale as the number of units increase because such units generally have a greater density per parcel than SFR's, are often located on upper stories, may be located a great distance from public rights-of-way, and generally are smaller units (in terms of floor area) than SFR's. (2) Commercial parcels are assessed at a rate ofsix (6) units per acre. This is based on the basic assessment unit compared to an average 65-foot by 100-foot residential parcel. Since there are 6.7 such parcels per acre, the number of assessment units was rounded down to six (6) per acre and applied to commercial property. (3) Parcels receiving no special benefit from the district such as letter lots, open space, streets, etc. are exempt. (4) Vacant parcels are assessed 0.5 AU per parcel for street lighting and landscaping (if the parcel is within a landscaping zone). Said vacant parcels receive a benefit from streetlights which tends to reduce vandalism and trash dumping in spite of the fact that they are not developed. Those vacant parcels that are assessed for landscaping receive a benefit that tends to enhance the value of the property. (5) Public utility parcels are assessed in the same manner as commercial properties. (6) Churches and fraternal organizations are assessed at one (). AU per parcel because they generally have less intensive usage of the land than other non-residential uses, such as commercial parcels, and therefore benefit less from the improvements. (7) Railroad property parcels are assessed at one-half of the amount applied to commercial properties or public utilities because their parcels are railroad track rights-of-way which receive a safety benefit due to grade crossing lighting, but whose improvements are less susceptible to vandalism than commercial property improvements. 2025/2026 Lighting District No. 1 Page 8 -9: ATTACHMENT E M WILLDAN (8) Agriculture parcels can have different types of use. Agricultural property with no residence is assessed 0.25 AU per acre with a minimum of 0.5 AU per parcel (similar to other vacant property). Agricultural parcels with residences are assessed 0.25 AU per acre with a minimum of one () AU per residence per parcel (similar to other residential parcels). Agricultural uses that do not include buildings or animals are assessed as vacant land. Assessment Examples Lighting The number of assessment units (AU) generated within the District for street lighting is 4,891.73. The dollars generated per AU in Zone A are: $104,487.35/ 4,891.73 AU= $21.36/ AU A. Commercial property on a 0.75-acre parcel. Assessment Unit Chart shows commercial property is assessed at a rate of six (6) AU per acre. Formula: 0.75 acres X 6 AU / acre = 4.5 AU The Fiscal Year 2025/2026 assessment for this commercial parcel is: 4.5 AU X $21.36/ AU = $96.12 Landscaping The number of assessment units (AU) generated in Zone C for landscape maintenance is 50.50. The dollars generated per AU in Zone C are: $3,559.75 / 50.50 AU = $70.49 / AU A. Single-family residence in Zone C. Assessment Unit Chart shows single-family residence is assigned one (1) AU per parcel. The FY 2025/2026 assessment for a single-family residence is: 1 AU x $70.49 / AU = $70.49 Assessments in Zones D through H are determined in the same manner as assessments in Zone C as shown in the above example. Note: If any assessment amount is an odd penny, it will be rounded down to an even penny as the County does not accept odd cents. and a parcel cannot be assessed over maximum C. SUMMARY OF ASSESSMENTS A summary of the number of parcels for each land use within the City of Blythe for 2025/2026 Lighting District No. 1 Page 9 -9 ATTACHMENT E W WILLDAN Fiscal Year 2025/2026 is presented below. Lighting District No. 1 Land Use Code Land Use Number of Active Parcels 1 Single-Family Residence 2,236 2 Apartments -Duplex 124 3 Apartments -Triplex 17 4 Apartments Fourplex 15 5 Apartments 5Units or More 51 10 Commercial (Non-Vacant) 297 20 Exempt Parcefs 174 22 Vacant (Any'Land Use) 456 30 Public Utlities 7 40 Churches, Fraternal Organizations 32 50 Railraad Property 20 60 Agricultural Uses 10 99 Zone B (Not Assessed for Street Lighting) 435 TOTAL 3,874 2025/2026 Lighting District No. 1 Page 10 -9' ATTACHMENT E M WILLDAN V. DISTRICT BUDGET The estimated cost requirements for Fiscal Year 2025/2026, for the improvements described in Section III of this report, are summarized in following tables. Estimated direct costs and incidental costs to be funded by the District are shown for each benefit zone. Notes: 1. Zone B is undeveloped area with no streetlights and therefore no assessments. 2. Incidental Costs are prorated among the zones of benefit in proportion to their respective servicing and maintenance costs. 2025/2026 Lighting District No. 1 Page 11 -9: ATTACHMENT E M WILLDAN CITY OF BLYTHE LIGHTING DISTRICT NO. 1 FISCAL YEAR 2025/2026 COST ESTIMATE Zone B Zone A Street TOTAL Undeveloped COSTITEMS Lighting (Not Assessed) LIGHTING MAINTENANCE AND SERVICES ZoneA Street Lighting $81,783.85 $81,783.85 Zone B Undeveloped $0.00 0.00 ZoneG Landscape Maintenance. - River Valley ZoneD Landscape Maintenance Oasis Village ZoneE Landscape Maintenance. Briarbrook Zone F Landscape Maintenance. Desert Horzon Zone G Landscape Mainlenance Sonora Zonel H Landscape Maintenance Vista Sunrise Subtotal - Maintenance and Servicing Costs $81,783.85 $0.00 $81,783.85 Rate per AU $1672 $0.00 INCIDENTAL COSTS City Administration $13,831.46 $0.00 $13,831.46 Consultant Services 7,610.86 000 7,610:86 Riverside County Administration 1261.19 0.00 1,261.19 Subtotal - Incidental Costs $22,703.50 $0.00 $22,703.50 Rate per AU $4.64 $0.00 Projected Contributionto Reserve Fund Balance $0.00 $0.00 $0.00 Contribution: from Reserve Fund 0.00 0.00 0.00 Subtotal Contributions $0.00 $0.00 $0.00 Contributions per AU $0.00 $0.00 TOTAL DISTRICTCOSTS FY 2025/2026 $104,487.35 $0.00 $104,487.35 Number of Assessment Units 4,891.73 0.00 4,89173 Rate per AU (FISCAL YEAR 2025/2026) $21.36 $0.00 0 $21.36 $0.00 Note: Variance in district cost versus levy amount due to County rounding to even penny. 2025/2026 Lighting District No. 1 Page 12 -9 ATTACHMENT E -10 ATTACHMENT E W WILLDAN CITY OF BLYTHE LIGHTING & LANDSCAPE DISTRICT'S NO. 1 FISCAL YEAR 2025/2026 COST ESTIMATE COST ITEMS TOTAL ALL ZONES MAINTENANCE AND SERVICES ZoneA Street Lighting $81,783.85 Zone B Undeveloped 0.00 Zone & Landscape Maintenance River Valley 2,792.01 Zone D Landscape Maintenance - Oasis Village 2,455.14 Zone E Landscape Maintenapce Briarbrook 4,441.31 Zone F Landscape Maintenance Desert Horizon 2,530.68 ZoreG Landscape Maintertance Sonora 6,038.45 Zone H Landscape Maintenagce Vista Sunrise 516.28 Subtotal - Maintenance and Servicing Costs $100,567.71 ANCIDENTAL COSTS City Administration $17,000.00 Consultant Services 9,354.37 Riverside County Administration 1,511.50 Subtotat -Incidental Costs $27,865.87 Projected Cantribution to Reserve Fund Balance $0L00 Contribution from Reserve Fund 0.00 Subtotal - Contributions $0.00 TOTAL DISTRICT COSTS PY 2025/2026 $128,423.58 Note: Variance in district cost versus levy amount due to County rounding to even penny. 2025/2026 Lighting District No. 1 Page 14 -10 ATTACHMENT E M WILLDAN VI. ASSESSMENT ROLLS Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's Parcel Maps for the year in which this Report is prepared. The land use classification and specific parcel data for each parcel is based on property information available from the Riverside County Assessor's Office or provided by the City, and by reference is made part of this Report. A listing of parcels to be assessed within the District for Fiscal Year 2025/2026, along with the proposed assessment amounts is provided on the following pages. Approval of this Report (as submitted or as modified) confirms the method of apportionment and the proposed assessment rates to be levied against each eligible parcel within the District and thereby constitutes the approved levy and collection of assessments for Fiscal Year 2025/2026. The parcels and the amount of assessment to be levied shall be submitted to the Riverside County Auditor/Controller and included on the property tax roll for the fiscal year. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. 2025/2026 Lighting District No. 1 Page 15 -10 ATTACHMENTF THE CITY OF PRELIMINARY DRAFT FOR DISCUSSION PURPOSES ONLY Blythe CALIFORNIA FIRST SUNRISE IN CALIFORNIA City of Blythe Lighting District No. 2 - 2025/2026 ENGINEER's ANNUAL LEWY REPORT Intent Meeting: May 13, 2025 Public Hearing: June 10, 2025 27368 Via Industria, Suite 200 879 Temecula, California 92590 T. 951.587.3500 800.755.6864 F. 951.587.3510 888.326.6864 wwwwilldan.com M WILLDAN Ne 95 -10. ATTACHMENT F ENGINEER'S REPORT AFFIDAVIT Lighting District No. 2 City of Blythe Riverside County, State of California This Report describes the District and relevant zones therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of iIntention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2025. Willdan Financial Services Assessment Engineer On Behalf of the City of Blythe By: Stacee Reynolds, Principal Consultant District Administration Services By: Tyrone Peter PE # C 81888 -10 ATTACHMENT F TABLE OF CONTENTS I. OVERVIEW 2 A. INTRODUCTION 2 B. HISTORICAL BACKGROUND AND CURRENT LEGISLATION 2 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3 II. BOUNDARIES OF THE DISTRICT 4 II. IMPROVEMENTS 4 A. STREET LIGHTS 4 B. LANDSCAPE AND ORNAMENTAL STRUCTURES 5 C. PLANS AND SPECIFICATIONS 6 MV. METHOD OF APPORTIONMENT 6 A. ZONES 6 B. ASSESSMENT FORMULA 8 C. LIMITATIONS ON INCREASE OF ANNUAL ASSESSMENT 13 V. DISTRICT BUDGET 14 VI. ASSESSMENT ROLL 17 -10: ATTACHMENT F I. OVERVIEW A. INTRODUCTION Pursuant to the order of the City Council of the City of Blythe, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code ofthe State of California. This report presents the engineering analysis for the 2025/2026 Fiscal Year for the District to be known as: City of Blythe Lighting District No. 2 (Hereinafter referred to as "District"). This District, by special benefit assessments provides funding for the maintenance and servicing of streetlights and appurtenant facilities owned and maintained by Southern California Edison Company, all of which are located in public rights-of- way in the District. B. HISTORICAL BACKGROUND AND CURRENT LEGISLATION Section 22573, Landscaping and Lighting Act of 1972 ("the 1972 Act") requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Furthermore, Section 4 of Article XIID of the California Constitution requires that no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. The 1972 Act also provides for the classification of various areas within an assessment District into different zones where, "by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements. - -10 ATTACHMENTF An assessment District may consist of contiguous or noncontiguous areas. As the assessments are levied on the basis of benefit, they are considered a special benefit assessment, not a tax, and therefore, are not governed by Article XIIIA or Article XIIIC of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government must be assessed by law unless it can be demonstrated that they receive no special benefit. C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; The costs of printing, advertising, and the publishing, posting and mailing of notices; Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; -10 ATTACHMENT F Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: Repair, removal, or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. I. BOUNDARIES OF THE DISTRICT The proposed boundary of the District is completely within the City limits of the City of Blythe and is shown on the Boundary Map (on file in the office of the City Clerk at the Blythe City Hall as Exhibit "A" and incorporated herein by reference). Exhibit "A" serves as the assessment diagram for the District. The boundary includes the parcels of land that are located in the vicinity of street lighting improvements that were installed during or after Fiscal Year 1996/1997 or from street lighting improvements which were installed during Fiscal Year 2012/2013 and are not included in Lighting District No. 1. Any parcels or lots confirmed within the District zones that are also within the boundary of Lighting District No.1 (L.D. No. 1) shall be de-annexed from L.D. No. 1.All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office. Ill. IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: A. STREET LIGHTS A map showing the location of all lighting zones within the District, is on file in the office of the City Clerk at the Blythe City Hall as Exhibit "B". The areas in which street light facilities are being operated and maintained during Fiscal Year -10 ATTACHMENT F 2025/2026 are designated as Zones 1 through 16, inclusive. There are no traffic signals within the District. Servicing means the furnishing of electric current or energy, gas or other illuminating agent for public street lighting and appurtenant facilities. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal, or replacement of all or any part of a component of the street lighting system, and the cleaning, sandblasting and painting of improvements to remove or cover graffiti. For the purposes of establishing benefit zone boundaries, a distance of 200 feet from a streetlight is used. The 200-foot distance establishes the usable area of light around a streetlight. This distance is used to include both full lighting coverage and partial lighting coverage of a parcel. That is, if a portion of a parcel is within 200 feet of a streetlight, it is subject to an assessment. B. LANDSCAPE AND ORNAMENTAL STRUCTURES A map showing the location of all landscaping zones within the District, is on file at City Hall with the City Clerk of the City of Blythe as Exhibit "C". Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any improvement. 2. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. 4. The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Note: There are no new landscaping and ornamental structure zones in Fiscal Year 2025/2026. -10! ATTACHMENTF C. PLANS AND SPECIFICATIONS The plans and specifications showing and describing the general nature, location and extent of the improvements are on file in the office of the City Clerk and are incorporated herein by reference. IV. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public street lighting and appurtenant facilities within the District. The maintenance and servicing of public lighting and appurtenant facilities installed and constructed in public places in the District provides a special benefit which is received by each and every assessed lot or parcel within the specified zones of benefit in the District, tending to specifically enhance their value. The streets within the District provide access to all lots or parcels assessed. Streetlights improve ingress and egress from such lots or parcels by illuminating access after sunset. Such streetlights, by sO improving ingress and egress, improve the security of such lots or parcels by improving the nighttime visibility of such lots or parcels and improve the access of emergency vehicles thereto and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. The primary benefits of street lighting are convenience, safety, security and protection of property, property improvements and goods as set forth below: 1. Improvement to traffic circulation and reduction in night-time accidents and attendant human misery and decrease in personal property loss. 2. Less vulnerability to criminal assault at night. 3. Promotion of business during nighttime hours. 4. Improved ingress and egress to lots and parcels. 5. Reduction in vandalism and other criminal acts resulting in damage to improvements. A. ZONES The 1972 Act provides for areas within a District to be classified into different zones. Lighting District No. 2 is divided into sixteen (16) existing lighting benefit zones and three (3) existing landscaping zone. These zones are labeled 1 through 16, inclusive; and 82 through 85, inclusive, excepting 83. The zones are described as follows: -11 ATTACHMENT F Zone 1 - Properties fronting on or generally within 200 feet of Hobsonway from the west boundary of Annexation 43 to 600 feet east of Intake Boulevard. Zone 2 - All properties generally within 200 feet of the streetlight at the intersection of Riverside Avenue and Intake Boulevard. Zone 3 - All properties generally within 200 feet of the streetlights in the Bell Lane area. Zone 4 - Those properties within 200 feet of the streetlights along the frontage of Riviera Drive. Zone 5 - The first and second phases of the Palo Verde Oasis tract located on the south side of Hobsonway, just west of DeFrain Boulevard. Zone 6 - All properties fronting Dekens Court and the parcel across Wells Road from Dekens Court in the northwest area of the City of Blythe. Zone 7 - The mobile home park on Wells Road and the parcel(s) directly across Wells Road from the mobile home park in the northwest area of the City of Blythe. Zone 8 - The recreational vehicle (RV) park on Arrowhead Boulevard and the parcel directly across Arrowhead Boulevard from the RV park in the northwest area of the City of Blythe. Zone 9 - The 67-lot subdivision at the southeast corner of the intersection of Arrowhead Boulevard and 4th Street known as the Fairway Villas. Zone 10 - The lots and parcels within 200 feet of the streetlight at the intersection of 7th Street and 11th Avenue. Zone 11 - The lot (APN 857-210-021) on Riviera Drive east of Intake Boulevard which contains the apartment complex known as Casa Encina at River Heights. This apartment complex contains 81 units. Zone 12 - The parcels fronting, or within 200 feet of a street light on, 14th Avenue from a point on its centerline that is 132 feet east of the centerline intersection of 14th Avenue and Bell Lane easterly to Intake Boulevard; excluding there from all parcels on the north side of 14th Avenue from said point on the centerline of 14th Avenue to a second point on its centerline 1330 feet easterly, said second point being on the prolongation of the east boundary of the River Valley tract. Zone 13 - Tract Map No. 30620, Lots 1 through 19, inclusive (Current APN's: 857- 220-001 through 857-220-012, inclusive; 857-221-001 through 857-221-007, inclusive). -11 ATTACHMENT F Zone 14 - Tract Map No. 30991, Lots 1 through 90, inclusive (Current APN's: 851- 160-001 through 851-160-005, inclusive; 851-161-001 through 851-161-013, inclusive; 851-161-018 through 851-161-030, inclusive; 851-162-001 through 851- 162-007, inclusive; and 851-163-001 through 851-163-008, inclusive; 851-164-001 through 851-164-006, inclusive; 851-170-001 through 851-170-015, inclusive; 851-171-001 through 851-171-010, inclusive; 851-172-002 and 851-172-006, 851- 172-012 through 851-172-022, inclusive). Zone 15 - Tract Map No. 31352, Lots 1 through 42, inclusive (Current APN's: 842- 220-001 through 842-220-017, inclusive; 842-221-001 through 842-221-016, inclusive; and 842-222-001 through 842-222-009, inclusive). Zone 16 - Tract Map No. 28758, Lots 1 through 59, inclusive, Tract Map No. 28758-1, Lots 1 through 40, inclusive and one City owned lot (100 lots total) (APN's: 833-360-001 through 833-360-011, inclusive; 833-360-022 through 833- 360-035, inclusive; 833-360-038 through 833-360-047, inclusive; 833-370-028 through 833-370-036, inclusive; 833-370-038 through 833-370-042, inclusive; 833-370-045 through 833-370-064, inclusive; and 833-380-001 through 833-380- 030, inclusive), plus City of Blythe lots designated by APN 833-330-008. Zone 82 - Landscaping) The 67-lot subdivision at the southeast corner of the intersection of Arrowhead Boulevard and 4th Street known as the Fairway Villas (coincident with Lighting Zone 9). Currently the landscaping for this zone is handled by a Homeowners Association. Zone 84 - (Landscaping) Same Boundary as Lighting Zone No. 14 with the same tract map and lot numbers shown above. Zone 85 - (Landscaping) Same Boundary as Lighting Zone No. 15 with the same tract map and lot numbers shown above. B. ASSESSMENT FORMULA The basic formula used to calculate the amount spread to each parcel within the District for street lighting starts with the basic assessment unit. The basic assessment unit (AU) is given a value of one (1) for a single-family residential parcel. From this base, the remaining parcels are related according to their equivalent benefit within the District. The assignment of assessment units is shown in Table Il below. -11 ATTACHMENT F Table II ASSESSMENT UNIT CHART Land Use Land Use Code AU Per Single Family Residential. 1 1 Parcel Dupfex, Triplex, Fourplex Ay 2, 3,4 0.8 DU Apartments Standard (Fiyé or more, gnits) ay 5 0.6 DU Apartinents. Studia Units (Five or moreunts)ta 6 0.4 DU Mebile Homer Park ar SeparateLot € 7 08 Unit Recreational Vehicle Park A 8 0.3 Space Commercial GAy 10 5 Acre Exempt Parcels (Homeowner's, Assoclation Parcels) 20 Parcel Shall be assessed at the same fate as simtlar nonpublic parcels (eg., City Hall would be Public Parcels (Cily, County, Water District, ete) (5) assigméd af thesame rateas a parcel with çemmercial dse 5 AU's per acre). Vacant (Any land uses (à 22 0.6 Parcel Public Utilities a 30 5 Acre Churches, Fratemal Organizations (8) 40 1 Parcel Railroad, PVID Property 50 2.5 Acre Agricuitural Usesim 60 0.25 Acre Notes: 1. DU = Dwelling Unit. Duplex, triplex, fourplex and mobile home parcels, as well as each space in a mobile home park, are assessed at a rate of 0.8 AU per parcel/space because such units are generally smaller than single-family residences. 2. The assessment formula for standard apartment complexes is 0.6 AU per DU. Apartment units are assessed less than a single family dwelling because such units generaily have a greater density per parcel than SFR's, are often located on upper stories, may be located a great distance from public rights- of-way, and generally are smaller units (in terms of floor area) than SFR' 's. Studio apartment complexes are assessed at a rate of 0.4 AU per DU because these units are generally smaller than standard apartment units with a single room living area with a bathroom and a small closet. 3. Recreational vehicle (RV) park parcels are assessed at a rate of 0.3 AU per space because RV parks tend to have seasonal business and often have al high number of vacancies. Therefore, they are assessed at a substantially lower rate than mobile home parks. 4. Commercial parcels are assessed at a rate of five (5) units per acre. This is based on the basic assessment unit applied to an average 65-foot by 100-foot (6,500 square feet) residential parcel. If an additional area allowance of 20 percent (20%) is added to the average residential parcel to account for public streets, the total area per average residential parcel becomes 7,800 square feet. Since there are 5.6 such parcels per acre, the number of assessment units is rounded down to five (5) per acre, with a minimum ofl AU per parçel, and applied to non-vacant commercial property. 5. Parcels owned by public agencies such as the federal government, states, counties, cities, water District, irrigation District, etc. are subject to assessment unless it can be shown that the parcel receives no special benefit from the facilities being maintained and serviced with the assessment proceeds. 6. Vacant parcels are assessed 0.5 units per parcel for street lighting. Said vacant parcels do receive a special benefit from streetlights which tends to reduce vandalism and trash dumping in spite of the fact that they are not developed. 7. Public utility parcels are assessed in the same manner as commercial properties. -11 ATTACHMENT F 8. Churches and fraternal organizations are assessed at 1 AU per parcel because they generally have less intensive usage of the land than other non-residential uses, such as commercial parcels, and therefore benefit less from the improvements. 9. Railroad and Palo Verde Irrigation District (PVID) parcels are assessed at one-half the amount applied to commercial properties or public utilities because their parcels are railroad track or irrigation canal rights- of way which receive a safety benefit due to grade crossing lighting (RR) or general lighting (PVID), but whose improvements are less susceptible to vandalism than commercial property improvements. 10. Agricultural parcels can have different types of use. Agricultural properties with no residence are assessed 0.25 AU per acre with a minimum of 0.5 AU per parcel (similar to other vacant property). Agricultural parcels with residences are assessed 0,25 AU per acre with a minimum of - 1 AU per residence per parcel (similar to other residential parcels). 1. Special Benefit Analysis Special benefit is defined as a particular and distinct benefit over and above the general benefit conferred on real property located in the District or to the public at large. General enhancement of property value does not constitute special benefit. Only special benefits are assessable, and the District must separate the special benefits from the general benefits conferred on a parcel. General benefit is gained by lots or parcels outside of the District and by the general public. That is, lots or parcels outside ofi the zone in question, or a member of the general public that occasionally uses the street improvements within that zone, are gaining a benefit that is general in nature and for which cannot be assessed. The maintenance and servicing of public landscaping, ornamental structures, and appurtenant facilities installed and constructed in and along public roadways, streets and rights-of-way in the City of Blythe provides a special benefit which is received by each and every lot or parcel within the specified zones of benefit in the District, tending to enhance their value. Landscaping within the District enhances the aesthetic appeal of parcels within the landscaping zones. In addition, landscaping and ornamental structures improve erosion resistance and dust control. The streets within the District provide access to all lots or parcels assessed. The primary benefits of landscaping are as set forth below: 1. Improved aesthetic appeal of nearby parcels. 2. Improved erosion resistance. 3. Improved dust control. 4. Enhancement of the value of property which results from the foregoing benefits. In general, there is no component of general benefit for landscaping since each landscaping zone is set up on a tract-by-tract basis, thereby generating special benefit only. -11 ATTACHMENT F Concerning this District, the general benefit component of the total benefit to each lot or parcel gained from street lighting is determined from the classification of each street which has public streetlights. It follows that when a street is used between sunset and sunrise, streetlighting is also used and is of benefit. The City of Blythe has five (5) separate street classifications, which are discussed below. Starting with the lowest classification first, the benefit derived from street lighting by properties fronting on or in close proximity to Local (residential) Streets is readily determined to be 100% special benefit because all trips on Local Streets end on those streets with no pass-through" trips. The benefit derived by parcels or lots fronting on or in close proximity to streetlights on Collector Streets is determined to be 95% special benefit because approximately 95% of the trips on Collector Streets end on or near such streets. It is estimated that 5% oft the trips on Collector Streets are pass-through" trips, which represent general benefit. The benefit derived from parcels or lots fronting on, or in close proximity to, streetlights on Major Collector Streets is determined to be 90% special benefit because approximately 90% of the trips on Major Collector Streets end on or near such streets. It is estimated that 10% of the trips on Major Collector Streets are pass-through" trips which represent general benefit. The benefit derived from parcels or lots fronting on, or in close proximity to, streetlights on Arterial Streets is determined to be 85% special benefit because approximately 85% of the trips on Arterial Streets end on or near such streets. It is estimated that 15% of the trips on Arterial Streets are pass-through" trips, which represent general benefit. The benefit derived from parcels or lots fronting on, or in close proximity to, streetlights on Major Arterial Streets is determined to be 80%special benefit because approximately 80% of the trips on Major Arterial Streets end on or near such streets. It is estimated that 20% of the trips on Major Arterial Streets are pass-through" trips, which represent general benefit. If a parcel is located at an intersection of two streets with different classifications, the higher classification shall govern for establishing an assessment. -11 ATTACHMENT F General Street Classification Benefit (%) Examples Major Arteries (96 20% RAA Arteriali (94 RAN 15% Hobsonway, Intake Boulevard, 1Ath Avenue, 7th Street Majan Collector (80 10% Chanslor Way (Riverside Avenue) RWA Collector (74 RAN) 5% Wells Road, 4th Avenue, Dekens Court Local (60' RAM) 0% Riviera Orive, Belll Lane, BrarLane, Juan Circle, Toro Giacle. Lido Lane Arrowhead Balevard 2. Assessment of Public Property Since the passage of Proposition 218 in November of 1996, it has been required that lots and parcels owned by public agencies be assessed in the same manner and by the same formula as all other property. However, in order to be assessed any lot or parcel must receive a distinct and special benefit from the facilities and improvements which are being maintained and serviced by the assessment District proceeds. An example of a public parcel which would be subject to assessment would be a City-owned vacant parcel which is near a streetlight. That vacant parcel would be assessed at a rate of 0.5 AU just as a privately-owned vacant parcel would be. 3. Assessment Examples Lighting The number of assessment units (AU) generated within Zone 1 is 445.17. The dollars required in Zone 1 are $8,565.07. The dollar value of each AU is: $8,565.07/445.17 AU = $19.24/AU A. Commercial property on a 0.75-acre parcel. Assessment Unit Chart shows commercial property is assessed at a rate of five (5) AU per acre. Formula: 0.75 Acres X 5 AU/Acre = 3.75 AU The Fiscal Year 2025/2026 assessment for this commercial parcel is: 3.75 AU X $19.24/AU = $72.14 -11 ATTACHMENT F B. Standard apartment complex with 22-dwelling unit on one (1) parcel of land within Zone 1. Assessment Unit Chart shows apartment complex is assessed at the rate of 0.6 AU per dwelling unit: Formula: 22 DU X 0.6 AUIDU = 13.20 AU The assessment for this apartment complex for Fiscal Year 2025/2026 is: 13.20 AU X $19.24/AU = $253.96 Landscaping: The number of assessment units (AU) generated within Zone 85 is 42.00. The funding required in Zone 85 is $5,766.60. The dollar value of each AU is: $5,766.60/42.00 AU = $137.30 AU Each residence in Zone 85 is assessed for one AU, or $137.30. Note: If any assessment amount is an odd penny, it will be rounded down to an even penny as the County does not accept odd cents and a parcel cannot be assessed over maximum. C. LIMITATIONS ON INCREASE OF ANNUAL ASSESSMENT The City Council will automatically increase assessments in accordance with the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino- Ontario, CA, published by the United States Department of Labor, Bureau of Labor Statistics; from March to March provided however, that any such annual increase shall not exceed five percent (5.00%). The maximum assessment rate will be increased. -11 ATTACHMENT F V. DISTRICT BUDGET The estimated cost requirements for Fiscal Year 2025/2026, for the improvements described in the "Improvements" section of this report, are summarized in the below tables. Estimated costs are shown for each benefit zone and for incidental costs to be funded by the District. Note: Incidental Costs are prorated among the zones of benefit in proportion to their respective servicing and maintenance costs. -11 ATTACHMENT F -11 ATTACHMENT F -12 ATTACHMENT F VI. ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's Parcel Maps for the year in which this Report is prepared. The land use classification and specific parcel data for each parcel is based on property information available from the Riverside County Assessor's Office or provided by the City, and by reference is made part of this Report. A listing of parcels to be assessed within this District for fiscal year 2025/2026, along with the proposed assessment amounts is provided on the following pages. Approval of this Report (as submitted or as modified) confirms the method of apportionment and the proposed assessment rates to be levied against each eligible parcel within the District and thereby constitutes the approved levy and collection of assessments for fiscal year 2025/2026. The parcels and the amount of assessment to be levied shall be submitted to the Riverside County Auditor/Controller and included on the property tax roll for the fiscal year. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number fori the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controler. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. -12 PUBLIC HEARING -12 CITY OF BLYTHE Blythe CITY COUNCIL MEETING A STAFF REPORT LEHED MEETING DATE: May 13, 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 that the City Council, subsequent to the public hearing, introduce Ordinance No. 937-25: ORDINANCE NO. 937-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REZONING TWO PARCELS AND ADDING A NEW SECTION. 17.27.050 (WAIVER OF FEE) TO CHAPTER 17.27 (ARTS IN PUBLIC PLACES PROGRAM) OF DIVISION 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, AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIROMMENTAL REVIEW UNDER THE CALIFORNIA ENVIROMMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) 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 of the Blythe Municipal Code. STAFF REPORT: This is the third in a series of ordinances addressing changes required by the Housing Element. The proposed ordinance implements changes outlined in Program 1.A.4 and Program 2.A.3 ofthe Housing Element. In Program 1.A.4, the City committed to amending the Zoning Code to require by-right approval ofhousing development that includes 20 percent ofthe units as housing 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 identified in the 4th and 5th Cycles Housing Element. As part of 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 the Council adopted at the April 8, 2025 meeting, also implements Program 1.A.4 by adding a HEO zone which allows affordable developments by right -12 and adding regulations in Section 17.08.020 that apply to sites designated as HEO. In Program 2.A.3, the City committed to encouraging the development of housing for extremely low-, very low-, low-, and moderate-income households and for all special needs households through a variety of activities, including, but not limited to, waiving the Art in Public Places development impact fee which is applied to residential development of five or more lots or on five or more acres. To implement the portion of this program relating to waiving the Art in Public Places fee, the proposed ordinance adds a new Section 17.27.050 to the Zoning Code, which provides that the Art in Public Places fee will not be imposed on any housing project that includes affordable housing at a moderate income level or below or any special needs housing. The City committed to additional amendments to the Zoning Code. Staff will present those proposed amendments to the Council at future meetings. The Blythe Municipal Code and State law require two public hearings regarding the proposed ordinance. On February 26, 2025, the City published a notice of public hearing regarding the review ofproposed Ordinance No. 937-25 for the March 11, 2025 City Council meeting. On March 11, 2025, the City Council, acting as the City's Planning Agency, continued the public hearing to April 8, 2025. On April 8, 2025, the City Council, acting as the City's Planning Agency, conducted a public hearing regarding the proposed ordinance. Therefore, it is recommended that the City Council, subsequent to the public hearing, introduce Ordinance No. 937-25. ATTACHMENTS: 1. Ordinance No. 937-25 -12 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, AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, 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 May 13, 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. Ordinance No. 937-25 Page 1 of 3 -12 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: 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 Ordinance No. 937-25 Page 2 of 3 -12 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. 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 -12 Existing Zoning: High-Density Residential (R-H) EXHIBIT A New Zoning: High-Density Residential (R-H)/HEO 390 400 380 378 340 1 3 : 535 a 3 401 WBarnards W Barmardsa WBarnard 450 200 500 -12: CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT E ED MEETING DATE: May 13, 2025 SUBJECT: Consideration of Adoption of Urgency Ordinance No. 939-25-U, Repealing and Replacing Chapter 17.33 (Accessory Dwelling Units/Junior Accessory Dwelling Units) of Title 17 (Zoning ) of the Blythe Municipal Code for Compliance with State Law; and Review of Ordinance No. 940-25, Repealing and Replacing Chapter 17.33 (Accessory Dwelling Units/Junior Accessory Dwelling Units) of Title 17 (Zoning ) of the Blythe Municipal Code for Compliance with State Law PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager Brittany E. Roberto, City Attorney RECOMMENDATION: It is recommended that the City Council, acting as the City's Planning Agency, conduct a public hearing on Ordinance No. 940-25, repealing and replacing Chapter 17.33 of the Blythe Municipal Code to be compliant with State law provisions on ADUS and JADUS. After the public hearing, it is recommended that the City Council, acting as the City Council, adopt Urgency Ordinance No. 939-25-U to immediately provide the City with the ability to regulate ADUS and JADUS to the extent allowed by law: URGENCY ORDINANCE NO. 939-25-U-ANI URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIROMMENTAL QUALITY ACT (CEOA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 ORDINANCE NO. 940-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATIOM THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIROMMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 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 of the Blythe Municipal Code. In Program 2.A.8 of the Housing Element, the City committed to amending its ADU ordinance to comply with changes to State law. -12 Since the City last updated Chapter 17.33 of the Blythe Municipal Code regarding accessory dwelling units (ADUS) and junior accessory dwelling units (JADUS, there have been numerous amendments to the State law, including the recodification of the law into new Government Code sections. Because the City's ordinance is out of compliance with State law, the City may only apply those provisions specified in the Government Code without any local amendments. Urgency Ordinance No. 939-25-U amends Chapter 17.33 to be consistent with the most current provisions ofState law to be effective immediately in order to restore local control. Ordinance No. 940-25 contains the exact same changes to Chapter 17.33, but is being brought forth through the normal procedures in order to provide the public with an opportunity to be heard on the matter. STAFF REPORT: State law has been amended several times since the City last updated its ADU and JADUS provisions. The changes to Chapter 17.33 incorporate changes to the State ADU law, which include: Changes throughout to reflect the recodification of the State ADU law. A revised definition of"primary dwelling. 97 Incorporation by reference of any words or phrases used in the State ADU law which are not set forth in the Blythe Municipal Code. Language changes to reflect direction the California Department of Housing and Community Development (HCD) has given on these matters, including to other cities. For instance, HCD wants the Municipal Code to specifically state that applications will be "approved or denied" rather than applications shall be "processed, 99 or "acted upon. 7 Incorporation ofnew requirements to provide an applicant with written comments if an application is denied. Requirement that an application to demolish a garage for an ADU be reviewed at the same time as the ADU application. This was to. cut down on multiple steps that some cities were imposing. Shortened time frames if an applicant uses a preapproved plan for an ADU. Clarification that applications cannot be denied due to the need to correct nonconforming zoning, conditions or building code violations, or due to unpermitted structures. This does not apply ifthere would be a threat to the public health and safety. Additionally, the City may still bring code enforcement actions for such violations. A new section has been added to group the various rules relating to unpermitted structures constructed prior to January 1, 2020 in one place. Clarification as to where ADUS/JADUS may be located and that unless an applicant is proceeding under the mandatory provisions of State law, only one ADU or JADU shall be allowed in the residential zones. Revisions to the standards applicable to ADUS and JADUS to parallel state law. State law now only allows objective design standards to be imposed. Therefore, terms such as "compatible" had to be eliminated. The height limits for ADUS have been amended to match State law. The size of ADUS has been amended to match State law. Now, attached ADUS cannot exceed 850 square feet for up to one bedroom and 1,000 square feet for two or more bedrooms and the total floor area cannot exceed 50 percent of the existing primary dwelling. However, the 50 percent rule would have to be waived to allow at least an 800 square foot structure. Parking requirements have been amended to comply with HCD's written advice letters that no parking may be imposed on a studio unit. Development standards for JADUS have all been included in one separate section. -13 A section has been added to parallel the State requirements for mandatory approvals. When ADUS/JADUS are processed under this section, the City may not impose any additional requirements other than what is in State law. State law has recently changed to provide that when thereis an existing multi-family building on site, an applicant may add up to eight detached ADUS, provided it does not exceed the total units in the primary building. A single section has been added to place all of the regulations relating to utilities and fees into one place. A section has been added to provide that ADUS may not be separately conveyed, except as specifically permitted by Government Code section 66341 which applies to qualified nonprofit corporations. The changes to Chapter 17.33 of the Blythe Municipal Code are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17, which provides that CEQA is not applicable to ordinances to implement the State ADU law. ATTACHMENTS: 1. Ordinance No. 939-25-0 2. Ordinance No. 940-25 -13 URGENCY ORDINANCE NO. 939-25-U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITSJUNIOR ACCESSORY DWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, State law regarding Accessory Dwelling Units (ADUS) and Junior Accessory Dwelling Units (JADUS) has been amended by the State legislature numerous times since the City of Blythe last updated its Municipal Code provisions relating to ADUS and JADUS; and WHEREAS, the City's Municipal Code provisions on ADUS and JADUS are no longer consistent with State law; and WHEREAS, one of the programs included in the City's recently adopted Housing Element was to update the City's ordinance to comply with State law; and WHEREAS, the Department of Housing and Community Development recently communicated with the City and indicated that the City should repeal its existing regulations; and WHEREAS, on May 13, 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 prior to the adoption of this Urgency Ordinance; and WHEREAS, until the City adopts its own compliant ordinance, it is limited to the provisions contained in State law, eliminating local control; and WHEREAS, it is necessary for the City to immediately adopt new regulations for ADUS and JADUS in order to retain local control over those items in which it still has discretion; and WHEREAS, the proposed amendments to Chapter 17.33 are consistent with the City's General Plan and further implement the programs of the Housing Element; and Ordinance No. 939-25-U Page 1 of 13 -13 WHEREAS, the City Council desires to immediately amend its provisions on ADUS and JADUS as well as to continue processing the changes as a regular ordinance in order to provide an opportunity for the public to comment. 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 and are compliant with State law. SECTION 2. Repeal and Replace Chapter 17.33. Chapter 17.33 (Accessory Dwelling Units/Junior Accessory Dwelling Units) of Division IV (Special Provisions) of Title 17 (Zoning) of the Blythe Municipal Code is deleted in its entirety and replaced as follows: Chapter 17.33 - ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS 17.33.010 - Purpose and scope. A. This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUS) in conformance with the State law provisions set forth in California Government Code Sections 66310 through 66342 ("State ADU law"). B. For purposes of this chapter, "primary dwelling" shall mean as follows: 1. In the case of a single-family residential zone, the existing single-family dwelling or the larger of two proposed units. 2. In the case of any other residential or mixed-use zone in which a single-family dwelling is allowed on the property, the existing single-family dwelling or the larger of two proposed units. 3. In the case of a multi-family or mixed-use zone which allows a residential use, the existing or proposed multi-family units. C. As used in this chapter, single-family residential zones refers to the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones. Ordinance No. 939-25-U Page 2 of 13 -13. D. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required. E. For the purposes of this chapter, words and phrases defined in the State ADU law shall have the same meaning when used in this chapter. 17.33.020 - Requirements. A. Zoning Clearance. ADUS and JADUS consistent with the requirements of this chapter are allowed by-right with a building permit. B. Applications. Applications for ADUS and JADUS shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it meets the requirements of this chapter. 1. Ifthe application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application. 2. Ifthe city does not approve or deny the completed application within sixty days, the application shall be deemed approved. 3. If the application is submitted in conjunction with an application for a new single-family or multi-family dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-family or multi-family dwelling is acted upon. 4. The city shall grant a delay if requested by the applicant. 5. All applications for ADUS and JADUS shall be accompanied by an application fee. 6. Ifa detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time. 7. Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application. Ordinance No. 939-25-U Page 3 of 13 -13 8. An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit. 9. Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition. C. Inspection and Permit Fees. ADUS and JADUS shall be subject to applicable inspection and permit fees. D. No certificate of occupancy for an ADU shall be issued before the city issues a certificate of occupancy for the primary dwelling. 17.33.030 - Unpermitted structures constructed prior to January 1, 2020. A. No application or permit shall be denied for an ADU or JADU that was constructed prior to January 1, 2020, based on either of the following: 1. The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or 2. The ADU or JADU does not comply with state law or the provisions of the Blythe Zoning Code regulating ADUS. B. The provisions of subsection A, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3. C. The city shall inform a homeowner that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit. D. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Ordinance No. 939-25-U Page 4 of 13 -13 E. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows: You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Development Services Director. If the Development Services Director or designee determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice. F. A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e). 17.33.040 - Permitted locations/numbers. A. An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use as specified in this chapter. An ADU is also allowed on a lot where single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling. B. A JADU is permitted in a single-family residential zone. C. Except as provided in Section 17.33.080, below, only one ADU or JADU shall be allowed in a residential zone. D. ADUS are allowed within, attached to, or detached from the primary unit in accordance with the provisions of this chapter. 17.33.050 . Transient lodging - prohibited. ADUS and JADUS may not be rented for periods of less than thirty-one days. 17.33.060 - Site and design standards. A. General Standards. 1. ADUS and JADUS are not included in density calculations, are considered residential uses consistent with the existing general plan and zoning designation for the lot, and may count as dwelling units for purposes of identifying adequate sites for housing. Ordinance No. 939-25-U Page 5 of 13 -13 2. ADUS and JADUS must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. 3. Notwithstanding anything in the California Building Standards Code to the contrary, fire sprinklers shall not be required if they are not required for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for sprinklers to be installed in the primary dwelling. 4. The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1(b). B. Height. ADUS shall be subject to the following height limitations: 1. A height of 16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit. 2. A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 3. A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling. 4. A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories. C. Lot Coverage. An ADU shall comply with the lot coverage standards for the zoning district in which it is located. D. An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling. E. Maximum Unit Size. 1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not exceed 1,200 square feet. Ordinance No. 939-25-U Page 6 of 13 -13 2. Attached. An ADU attached to a single-family dwelling shall not exceed 850 square feet for an ADU with zero to one bedrooms, or 1,000 square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of an attached ADU shall not exceed fifty percent of the existing primary dwelling. 3. Interior Conversions. ADUS which are converted from space entirely within existing structures, including accessory structures, and ADUS entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage. 4. Existing Home Designated as ADU. If a lot contains an existing single-family dwelling less than 1,200 square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single- family dwelling on the lot. F. Setbacks. 1. Front setback: Per the base zoning standard. 2. Side setback: Four feet. 3. Rear setback: Four feet. 4. Building separation: Detached ADUS must be at least ten feet from any other building on the lot. 5. Conversion of Existing Accessory Structure. No setbacks are required for an existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU. G. Parking. 1. In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU that is a minimum of one bedroom in size. The required parking space may be provided as: a. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or b. Within a setback area or as tandem parking unless the city manager or the city manager's designee determines that parking in the setback or tandem Ordinance No. 939-25-U Page 7 of 13 -13 parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. 2. Notwithstanding the foregoing, no parking space shall be required for an ADU if: a. It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.; b. It is located within an architecturally and historically significant district; C. Iti is part of a proposed or existing primary residence or accessory structure; d. On-street parking permits are required but not offered to the occupant of the ADU; e. There is a car share vehicle located within one block of the ADU; or f. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section. 3. When a garage, carport, uncovered, or covered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced. H. Waiver of Standards. Development standards shall be waived to the extent required in order to allow an accessory dwelling unit that is 800 square feet, that does not exceed the height requirements set forth in Section 17.33.060.B, above, and has a minimum of four-foot side and rear yard setbacks. 17.33.070 - Development standards = JADUS. A. Where Allowed. One JADU shall be allowed within an existing or proposed single- family dwelling on a lot zoned for single-family residences, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 17.33.080, below. B. Owner Occupancy. Unless the owner is another govemmental agency, land trust, or housing organization, the owner shall be required to live in either the primary unit or the JADU. C. Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU. Ordinance No. 939-25-U Page 8 of 13 -13 D. Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling. E. Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit. F. Parking. No additional parking shall be required for a JADU. G. Building Standards. JADUS shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence. H. JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit. I. Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following: 1. The JADU shall not be sold separately from the single-family residence. 2. The JADU is restricted to the maximum size of 500 square feet. 3. The JADU may not be rented for a period of less than thirty-one days. 4. A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization. 5. The deed restriction shall be binding upon any successor in ownership of the property. 17.33.080 - Mandatory approvals. A. Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone to create any of the following: 1. One ADU and one JADU within the existing or proposed space of a single- family dwelling or accessory structure. Ordinance No. 939-25-U Page 9 of 13 -14 a. An expansion of up to 150 square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress. b. The JADU shall have exterior access separate from the existing or proposed single-family dwelling. C. The side and rear setbacks shall be sufficient for fire and safety. d. If the unit is a JADU, it shall comply with the requirements of this chapter. 2. One new detached ADU with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than 800 square feet and shall not exceed the height requirements set forth in Section 17.33.060.B(1) through (3), above. A JADU may be developed in conjunction with this type of detached ADU, provided it complies with the requirements of subsection (A)(1) of this section. 3. On a lot with a multi-family dwelling structure, up to twenty-five percent of the existing total multi-family dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. 4. On a lot with a proposed multi-family dwelling structure, up to two detached units; provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks. 5. On a lot with an existing multi-family dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks. B. For those ADUS and/or JADUS which require mandatory approval, the city shall not require the correction of nonconforming zoning conditions. C. The installation of fire sprinklers shall not be required in an ADU approved under this section if fire sprinklers are not required for the primary residence. D. No unit approved under this section shall be rented for a period of thirty-one days or less. Ordinance No. 939-25-U Page 10 of 13 -14 17.33.090 - Utillities and Fees. A. Public Utilities. All ADUS and JADUS must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family dwelling if the well-water and septic services would be authorized if the ADU or JADU were a single-family dwelling. B. Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUS are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service and the map shall be posted on the city's website and shall be promptly made available to the public upon request. The public works director shall update the document periodically. C. Impact Fees. 1. No impact fee shall be imposed on any ADU less than 750 square feet in size. 2. For ADUS 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. 3. All applicable public service and applicable recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq. 4. For purposes of this section, impact fee" shall have the same meaning as set forth in California Government Code Section 66324. D. Connection Fees/Capacity Charges. 1. An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single- family dwelling. A JADU shall not be considered a separate or new dwelling unit. 2. For an ADU contained within a single-family dwelling meeting the requirements of Section 17.33.080.A(1), above, the city shall not impose a connection fee or capacity charge, or require a new or separate utility connection between the ADU and the utility, unless the unit is being constructed with a new single-family dwelling. For all other ADUS, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures. Ordinance No. 939-25-U Page 11 of 13 -14 17.33.100 - Separate conveyance. Except as permitted by California Government Code section 66341, an ADU may not be separately sold or conveyed. SECTION 3. Urgency Declaration; Effective Date. This Ordinance shall become effective immediately upon adoption pursuant to California Government Code section 36937. The grounds constituting the urgency are set forth in the recitals of this Ordinance. SECTION 4. Environmental Compliance. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which provides that CEQA does not apply to an ordinance to implement State ADU law. 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. 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. SECTION 8. Transmission to HCD. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law. Ordinance No. 939-25-U Page 12 of 13 -14 PASSED, APPROVED AND ADOPTED this 13th day of May, 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 Attorey Ordinance No. 939-25-U Page 13 of 13 -14. ORDINANCE NO. 940-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.33 (ACCESSORY DWELLING UNITSIJUNIOR ACCESSORY DWELLING UNITS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, State law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUS) has been amended by the State legislature numerous times since the City of Blythe last updated its Municipal Code provisions relating to ADUS and JADUS; and WHEREAS, on May 13, 2025, the City Council adopted Urgency Ordinance No. 939-25-U to immediately put amended regulations for ADUS and JADUS in place to be consistent with State law, and on that same date, prior to the adoption of the Urgency Ordinance, 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, prior to the adoption of the Urgency Ordinance, the City's Municipal Code was no longer consistent with State law; and WHEREAS, in addition to adopting the provisions as an Urgency Ordinance, the City Council also wishes to adopt the same provisions through the noticed public hearing procedures in order to give the public an opportunity to comment on the changes; 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 requirements prior to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS: Ordinance No. 939-25-U Page 1 of 13 -14 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 and are compliant with State law. SECTION 2. Readoption of Chapter 17.33. The City Council hereby readopts the provisions of Chapter 17.33 that were put into place by Urgency Ordinance No. 939- 25-U without further change. The provisions are set forth below. Chapter 17.33 - ACCESSORY DWELLING UNITSIJUNIOR ACCESSORY DWELLING UNITS 17.33.010 - Purpose and scope. A. This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUS) and junior accessory dwelling units (JADUS) in conformance with the State law provisions set forth in California Government Code Sections 66310 through 66342 ("State ADU law"). B. For purposes of this chapter, "primary dwelling" shall mean as follows: 1. In the case of a single-family residential zone, the existing single-family dwelling or the larger of two proposed units. 2. In the case of any other residential or mixed-use zone in which a single-family dwelling is allowed on the property, the existing single-family dwelling or the larger of two proposed units. 3. In the case of a multi-family or mixed-use zone which allows a residential use, the existing or proposed multi-family units. C. As used in this chapter, single-family residential zones refers to the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones. D. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required. Ordinance No. 939-25-U Page 2 of 13 -14 E. For the purposes of this chapter, words and phrases defined in the State ADU law shall have the same meaning when used in this chapter. 17.33.020 - Requirements. A. Zoning Clearance. ADUS and JADUS consistent with the requirements of this chapter are allowed by-right with a building permit. B. Applications. Applications for ADUS and JADUS shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it meets the requirements of this chapter. 1. If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application. 2. Ifthe city does not approve or deny the completed application within sixty days, the application shall be deemed approved. 3. If the application is submitted in conjunction with an application for a new single-family or multi-family dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-family or multi-family dwelling is acted upon. 4. The city shall grant a delay if requested by the applicant. 5. All applications for ADUS and JADUS shall be accompanied by an application fee. 6. If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time. 7. Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application. 8. An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit. Ordinance No. 939-25-U Page 3 of 13 -14' 9. Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition. C. Inspection and Permit Fees. ADUS and JADUS shall be subject to applicable inspection and permit fees. D. No certificate of occupancy for an ADU shall be issued before the city issues a certificate of occupancy for the primary dwelling. 17.33.030 - Unpermitted structures constructed prior to January 1, 2020. A. No application or permit shall be denied for an ADU or JADU that was constructed prior to January 1, 2020, based on either of the following: 1. The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or 2. The ADU or JADU does not comply with state law or the provisions of the Blythe Zoning Code regulating ADUS. B. The provisions of subsection A, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3. C. The city shall inform a homeowner that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit. D. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. E. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows: You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Development Services Director. If the Development Services Director or Ordinance No. 939-25-U Page 4 of 13 -14 designee determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice. F. A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e). 17.33.040 - Permitted locations/numbers. A. An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use as specified in this chapter. An ADU is also allowed on a lot where single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling. B. A JADU is permitted in a single-family residential zone. C. Except as provided in Section 17.33.080, below, only one ADU or JADU shall be allowed in a residential zone. D. ADUS are allowed within, attached to, or detached from the primary unit in accordance with the provisions of this chapter. 17.33.050 - Transient lodging - prohibited. ADUS and JADUS may not be rented for periods of less than thirty-one days. 17.33.060 - Site and design standards. A. General Standards. 1. ADUS and JADUS are not included in density calculations, are considered residential uses consistent with the existing general plan and zoning designation for the lot, and may count as dwelling units for purposes of identifying adequate sites for housing. 2. ADUS and JADUS must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Ordinance No. 939-25-U Page 5 of 13 -14: 3. Notwithstanding anything in the California Building Standards Code to the contrary, fire sprinklers shall not be required if they are not required for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for sprinklers to be installed in the primary dwelling. 4. The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1(b). B. Height. ADUS shall be subject to the following height limitations: 1. A height of 16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit. 2. A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 3. A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling. 4. A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories. C. Lot Coverage. An ADU shall comply with the lot coverage standards for the zoning district in which it is located. D. An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling. E. Maximum Unit Size. 1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not exceed 1,200 square feet. 2. Attached. An ADU attached to a single-family dwelling shall not exceed 850 square feet for an ADU with zero to one bedrooms, or 1,000 square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of an attached ADU shall not exceed fifty percent of the existing primary dwelling. Ordinance No. 939-25-U Page 6 of 13 -15 3. Interior Conversions. ADUS which are converted from space entirely within existing structures, including accessory structures, and ADUS entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage. 4. Existing Home Designated as ADU. If a lot contains an existing single-family dwelling less than 1,200 square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single- family dwelling on the lot. F. Setbacks. 1. Front setback: Per the base zoning standard. 2. Side setback: Four feet. 3. Rear setback: Four feet. 4. Building separation: Detached ADUS must be at least ten feet from any other building on the lot. 5. Conversion of Existing Accessory Structure. No setbacks are required for an existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU. G. Parking. 1. In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU that is a minimum of one bedroom in size. The required parking space may be provided as: a. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or b. Within a setback area or as tandem parking unless the city manager or the city manager's designee determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions. 2. Notwithstanding the foregoing, no parking space shall be required for an ADU if: a. It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.; Ordinance No. 939-25-U Page 7 of 13 -15 b. It is located within an architecturally and historically significant district; C. It is part of a proposed or existing primary residence or accessory structure; d. On-street parking permits are required but not offered to the occupant of the ADU; e. There is a car share vehicle located within one block of the ADU; or f. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section. 3. When a garage, carport, uncovered, or covered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced. H. Waiver of Standards. Development standards shall be waived to the extent required in order to allow an accessory dwelling unit that is 800 square feet, that does not exceed the height requirements set forth in Section 17.33.060.B, above, and has a minimum of four-foot side and rear yard setbacks. 17.33.070 - Development standards JADUS. A. Where Allowed. One JADU shall be allowed within an existing or proposed single- family dwelling on a lot zoned for single-family residences, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 17.33.080, below. B. Owner Occupancy. Unless the owner is another governmental agency, land trust, or housing organization, the owner shall be required to live in either the primary unit or the JADU. C. Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU. D. Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling. E. Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit. Ordinance No. 939-25-U Page 8 of 13 -15 F. Parking. No additional parking shall be required for a JADU. G. Building Standards. JADUS shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence. H. JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit. I. Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following: 1. The JADU shall not be sold separately from the single-family residence. 2. The JADU is restricted to the maximum size of 500 square feet. 3. The JADU may not be rented for a period of less than thirty-one days. 4. A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization. 5. The deed restriction shall be binding upon any successor in ownership of the property. 17.33.080 - Mandatory approvals. A. Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone to create any of the following: 1. One ADU and one JADU within the existing or proposed space of a single- family dwelling or accessory structure. a. An expansion of up to 150 square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress. b. The JADU shall have exterior access separate from the existing or proposed single-family dwelling. C. The side and rear setbacks shall be sufficient for fire and safety. d. If the unit is a JADU, it shall comply with the requirements of this chapter. Ordinance No. 939-25-U Page 9 of 13 -15 2. One new detached ADU with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than 800 square feet and shall not exceed the height requirements set forth in Section 17.33.060.B(1) through (3), above. A JADU may be developed in conjunction with this type of detached ADU, provided it complies with the requirements of subsection (A)(1) of this section. 3. On a lot with a multi-family dwelling structure, up to twenty-five percent of the existing total multi-family dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. 4. On a lot with a proposed multi-family dwelling structure, up to two detached units; provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks. 5. On a lot with an existing multi-family dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) 1 through (3), above, and has at least four-foot side and rear yard setbacks. B. For those ADUS and/or JADUS which require mandatory approval, the city shall not require the correction of nonconforming zoning conditions. C. The installation of fire sprinklers shall not be required in an ADU approved under this section if fire sprinklers are not required for the primary residence. D. No unit approved under this section shall be rented for a period of thirty-one days or less. Ordinance No. 939-25-U Page 10 of 13 -15 17.33.090 - Utilities and Fees. A. Public Utilities. All ADUS and JADUS must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family dwelling if the well-water and septic services would be authorized if the ADU or JADU were a single-family dwelling. B. Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUS are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service and the map shall be posted on the city's website and shall be promptly made available to the public upon request. The public works director shall update the document periodically. C. Impact Fees. 1. No impact fee shall be imposed on any ADU less than 750 square feet in size. 2. For ADUS 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. 3. All applicable public service and applicable recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq. 4. For purposes of this section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324. D. Connection Fees/Capacity Charges. 1. An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single- family dwelling. A JADU shall not be considered a separate or new dwelling unit. 2. For an ADU contained within a single-family dwelling meeting the requirements of Section 17.33.080.A(1). above, the city shall not impose a connection fee or capacity charge, or require a new or separate utility connection between the ADU and the utility, unless the unit is being constructed with a new single-family dwelling. For all other ADUS, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures. Ordinance No: 940-25 Page 11 of 13 -15 17.33.100 - Separate conveyance. Except as permitted by California Government Code section 66341, an ADU may not be separately sold or conveyed. SECTION 3. Environmental Compliance. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which provides that CEQA does not apply to an ordinance to implement State ADU law. SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. Upon the effective date of this ordinance, Urgency Ordinance No. 939- 25-U shall be of no further force and effect. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED AND ADOPTED this day of 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck Mayor Ordinance No. 940-25 Page 12 of 13 -15. ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 940-25 Page 13 of 13 -15 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT MEETING DATE: May 13, 2025 SUBJECT: Revocation of Business License Issued to Fortune Five Properties LLC dba Econo Lodge-Blythe PRESENTED BY: Christa Elms, Finance Director PREPARED BY: Christa Elms, Finance Director RECOMMENDATION: It is recommended that the City Council conduct a public hearing and then provide direction regarding the revocation of the business license issued to Fortune Five Properties LLC dba Econo Lodge-Blythe. If the City Council desires to revoke the business license, it is recommended that the Council adopt the following resolution: RESOLUTION NO. 2025-008 - A RESOLUTION OF THE CITY COUNCIL OF BLYTHE, CALIFORNIA, REVOKING THE BUSINESS LICENSE (BL-10876) ISSUED TO FORTUNE FIVE PROPERTIES LLC DBA ECONO LODGE-BLYTHE, LOCATED AT 903 W. HOBSONWAY, BLYTHE, CA 92225 FISCAL IMPACT: Tax revenue in an amount often percent (10%) on gross rents for occupancy of rooms. BACKGROUND: The City issued a business license (BL-10876) to Fortune Five Properties LLC dba Econo Lodge-Blythe ("Econo Lodge"), located at 903 W. Hobsonway, Blythe, CA 92225, on November 18, 2019. Most recently, Econo Lodge paid its license fees for the 2025 calendar year on January 1, 2025. Since 2020, the City has encountered issues with Econo Lodge regarding consistent and timely reporting and payment ofits Transient Occupancy Tax (TOT). In August 2024, the City issued a notice of intent to revoke Econo Lodge's business license in connection with Econo Lodge's failure to report and pay TOT in July 2023, August 2023, September 2023, November 2023, December 2023, and for all of 2024. In September 2024, the City, Econo Lodge, and the owner of Econo Lodge, Noble Zubaid, entered into a Settlement Agreement. Pursuant to the Settlement Agreement, Econo Lodge and Mr. Zubaid agreed to make a lump sum payment of the total arrearage, including interest and penalties, no later than October 31, 2024. Econo Lodge and Mr. Zubaid also agreed to a biweekly reporting period for a minimum of 12 months, through at least September 30, 2025, until such time as the City's tax administrator advises Econo Lodge and Mr. Zubaid that the biweekly reporting period is no longer required. Pursuant to the Settlement Agreement, Econo Lodge and Mr. Zubaid agreed that if Econo Lodge and Mr. Zubaid fail to comply with the reporting and payment requirements, the City would provide a new notice of intent to revoke the business license and set the matter for a hearing before the City Council. Econo Lodge and Mr. Zubaid made the lump sum payment of the total arrearage, interest and -15 penalties in accordance with the terms of the Settlement Agreement on October 25, 2024. Econo Lodge and Mr. Zubaid also initially complied with thel biweekly reporting requirements. However, Econo Lodge and Mr. Zubaid have been in breach of1 the terms of the Settlement Agreement since February 15, 2025. Below is a table showing the reporting period, deadline for submitting returns and remittances, whether Econo Lodge met the deadline, and whether the payment was honored by the bank. Reporting Period Deadline to Submit Did Econo Lodge Was Econo Lodge's Returns and Remittances Meet the Deadline? Payment Honored by the Bank? 10/1/24-10/15/24 11/1/24 Yes Yes 10/16/24-1031/24 11/15/24 Yes Yes 11/1/24-11/15/24 12/1/24 Yes Yes 11/16/24-11/30/24 12/15/24 Yes Yes 12/1/24-12/15/24 1/1/25 Yes Yes 12/16/24-12/31/24 1/15/25 Yes Yes 1/1/25-1/15/25 2/1/25 Yes No 1/16/25-1/31/25 2/15/25 No N/A - no payment made 2/1/25-2/15/25 3/1/25 Yes No 2/16/25-2/28/25 3/15/25 No N/A = no payment made 3/1/25-3/15/25 4/1/25 No N/A - no payment made 3/16/25-3/31/25 4/15/25 No N/A - no payment made 4/1/25-4/15/25 5/1/25 No N/A - no payment made As outlined in the table above, the last valid TOT payment the City received from Econo Lodge was for the period of December 16, 2024 through December 31, 2024. Section 5.02.330 of the Blythe Municipal Code provides the authority for the City Council to revoke an existing business license, as follows: The city council may suspend, revoke, withdraw or discontinue any license granted under the provisions of this chapter whenever it has reason to believe that the business conducted thereunder by the licensee, his, their or its servants or employees, is a nuisance, a menace to public health, or detrimental to the peace and morals of the city, or that violations of the laws of the state or the city have been committed or are being permitted to be committed upon the premises where such business is being conducted. Such suspension, revocation, withdrawal or discontinuance. shall be by resolution ofthe city council. STAFF REPORT: TOT reporting and remitting requirements are set forth in Chapter 3.20 ofthe Blythe Municipal Code. Section 3.20.050 of the Blythe Municipal Code outlines the duties ofhotel and motel operators in the City as follows: 3.20.050 - Operator's duties. Each operator. shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount oftax shall be separately stated from the -15 amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner provided in Section 3.20.120. Section 3.20.070 of the Blythe Municipal Code outlines the requirements relating to reporting and remitting TOT as follows: 3.20.070 - Reporting and remitting. A. Each operator who has obtained a transient occupancy registration certificate as ofthe date that the ordinance codified in this section becomes effective, shall, on or before the last day of the month following the close of each calendar quarter, or any. shorter reporting period which may be established by the tax administrator, as defined in Section 3.20.020, file a return with the tax administrator, on forms provided by him, reporting the total rents charged and received and the amount of tax collected for transient occupancy. At the time the return is filed, the full amount of the tax collected shall be paid to the tax administrator. The tax administrator may establish other reporting periods for any certificate holder or may require a deposit or bondfor any certificate holder ifhe deems it necessary in order to insure collection of the tax, and he may require further information in the return. Returns and payments are due immediately upon cessations for any reason. All taxes collected by the operator shall be held in trust for the account of the city until payment thereofis made to the tax administrator. B. Each operator who has obtained a transient occupancy registration certificate after the effective date ofthe ordinance codified in this section shall file a return, on or before the last day ofthe month following the close ofeach calendar month or at the close of any shorter reporting period which may be established by the tax administrator, as defined in Section 3.20.020, to the tax administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancy. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish other reporting periods for any certificate holder or may require a cash deposit bond for any certificate holder if he deems it necessary in order to insure collection oftax, and he may require further information in the return. The return and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this section shall be held in trust for the account of the city until payment thereof is made to the tax administrator. C. Returns and tax collection remittances shall be either: 1. Postmarked by the United States Postal Service on or before the twenty-fifth day ofthe month it is due; or 2. Deposited in the cityfinance office byfive p.m. on or before the last business day of the month it is due. -16 Section 3.20.080 of the Blythe Municipal Code outlines penalties and interest for late payment of TOT as follows: 3.20.080 - Penalties and interest. A. Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty often percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period ofthirty days following the date on which the remittancefrst became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount oft the tax and the ten percent penalty frst imposed. C. Fraud. Ifthe tax administrator, as defined in Section 3.20.020, determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B ofthis section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate ofo one-half ofone percent per month orfraction thereof on the amount ofthe tax, exclusive ofpenalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged With Tax. Every penalty imposed, and such interest as accrues under the provisions of this section, shall become a part of the tax required to be paid by this chapter. Pursuant to Section 3.20.050 of the Blythe Municipal Code, TOT is required to be collected by hotel and motel operators from every transient occupant of their establishment at the time the payment of the hotel or motel room rent is collected. That money is required to be held by the hotel/motel operator, in trust, for the Blythe taxpayers. Econo Lodge's failure to remit TOT funds held in trust violates Econo Lodge's duties as an operator of a motel as described in Section 3.20.050 of the Blythe Municipal Code. It is also a violation of the reporting and remitting requirements set forth in Section 3.20.070 of the Blythe Municipal Code. For several years, Econo Lodge has consistently failed to make the' TOT payment on time, and penalties and interest have continued to accrue, in violation of Section 3.20.080 of the Blythe Municipal Code and ofthe terms of the Settlement Agreement. As outlined above, pursuant to Section 5.02.330 of the Blythe Municipal Code, the City Council has the authority to revoke a business license "whenever it has reason to believe that the business conducted under the licensee, his, or its servants or employees, is a nuisance, a menace to public health, or detrimental to the peace and morals ofthe city, or that violations ofthe laws ofthe state or the city have been committed or are being permitted to be committed upon the premises where such business is located." -16 The City mailed Econo Lodge the City's written Notice of Intent to Revoke Econo Lodge's business license via certified mail on April 10, 2025. The Notice was delivered by certified mail on April 14, 2025. As of the writing of this staff report, no response or payments have been received from Econo Lodge. Staff recommends that the City Council conduct the public hearing and then provide direction regarding the: revocation of the business license issued to Econo Lodge. Ifthe City Council desires to revoke the business license, it is recommended that the Council adopt Resolution No. 2025-008. ATTACHMENTS: 1. Resolution No. 2025-008 -16 RESOLUTION NO. 2025-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REVOKING THE BUSINESS LICENSE (BL-10876) ISSUED TO FORTUNE FIVE PROPERTIES LLC DBA ECONO LODGE-BLYTHE, LOCATED AT 903 W. HOBSONWAY, BLYTHE, CA 92225 The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, on November 18, 2019, the City issued a business license (BL-10876) to Fortune Five Properties LLC dba Econo Lodge-Blythe ("Econo Lodge"), located at 903 W. Hobsonway, Blythe, CA, 92225, for the operation of a hotel/motel; and WHEREAS, on January 1, 2025, Econo Lodge paid its annual license fees for calendar year 2025; and WHEREAS, as a hotel/motel operator in the City, Econo Lodge is subject to the requirements set forth in Chapter 3.20 of the Blythe Municipal Code (BMC) relating to the Transient Occupancy Tax (TOT); and WHEREAS, Section 3.20.070 of the BMC provides: Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner provided in Section 3.20.120; and WHEREAS, Section 3.20.070 of the BMC provides: A. Each operator who has obtained a transient occupancy registration certificate as of the date that the ordinance codified in this section becomes effective, shall, on or before the last day of the month following the close of each calendar quarter, or any shorter reporting period which may be established by the tax administrator, as defined in Section 3.20.020, file a return with the tax administrator, on forms provided by him, reporting the total rents charged and received and the amount of tax collected for transient occupancy. At the time the return is filed, the full amount of the tax collected shall be paid to the tax administrator. The tax administrator may establish other reporting periods for any certificate holder or may require a deposit or bond for Resoiution No. 2025-008 Page 1 of 4 -16 any certificate holder if he deems it necessary in order to insure collection of the tax, and he may require further information in the return. Returns and payments are due immediately upon cessations for any reason. All taxes collected by the operator shall be held in trust for the account of the city until payment thereof is made to the tax administrator. B. Each operator who has obtained a transient occupancy registration certificate after the effective date of the ordinance codified in this section shall file a return, on or before the last day of the month following the close of each calendar month or at the close of any shorter reporting period which may be established by the tax administrator, as defined in Section 3.20.020, to the tax administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancy. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish other reporting periods for any certificate holder or may require a cash deposit bond for any certificate holder if he deems it necessary in order to insure collection of tax, and he may require further information in the return. The return and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this section shall be held in trust for the account of the city until payment thereof is made to the tax administrator. C. Returns and tax collection remittances shall be either: 1. Postmarked by the United States Postal Service on or before the twenty-fifth day of the month it is due; or 2. Deposited in the city finance office by five p.m. on or before the last business day of the month it is due; and WHEREAS, Section 3.20.080 of the BMC outlines penalties and interest for late payment of the TOT; and WHEREAS, since 2020, the City has encountered issues with Econo Lodge regarding consistent and timely payment of its TOT; and WHEREAS, in August 2024, the City issued a notice of intent to revoke Econo Lodge's business license in connection with Econo Lodge's failure to report and pay TOT in July 2023, August 2023, September 2023, November 2023, December 2023, and for all of 2024; and WHEREAS, in September 2024, the City, Econo Lodge and its owner, Noble Zubaid, entered into a Settlement Agreement, pursuant to which Econo Lodge and Mr. Resolution No. 2025-008 Page 2 of 4 -16 Zubaid agreed to make a lump sum payment of the total arrearage, including interest and penalties, no later than October 31, 2024, and biweekly reporting period for a minimum of 12 months, through at least September 30, 2025, until such time as the City's tax administrator advises Econo Lodge and Mr. Zubaid that the biweekly reporting period is no longer required; and WHEREAS, Econo Lodge and Mr. Zubaid made the lump sum payment of the total arrearage, interest and penalties in accordance with the terms of the Settlement Agreement on October 25, 2024; and WHEREAS, Econo Lodge and Mr. Zubaid initially complied with the biweekly reporting requirements; and WHEREAS, since February 15, 2025, Econo Lodge and Mr. Zubaid have been in breach of the terms of the Settlement Agreement, and WHEREAS, Econo Lodge has not submitted TOT returns for January 16-January 31, 2025, February 16-February 28, 2025, March 1-March 31, 2025, or April 1-April 15, 2025; and WHEREAS, the City has not received a valid payment of TOT from Econo Lodge for January 2025, February 2025, or March 2025; and WHEREAS, Section 5.02.330 of the BMC provides: The city council may suspend, revoke, withdraw or discontinue any license granted under the provisions of this chapter whenever it has reason to believe that the business conducted thereunder by the licensee, his, their or its servants or employees, is a nuisance, a menace to public health, or detrimental to the peace and morals of the city, or that violations of the laws of the state or the city have been committed or are being permitted to be committed upon the premises where such business is being conducted. Such suspension, revocation, withdrawal or discontinuance shall be by resolution of the city council; and WHEREAS, on April 10, 2025, the City issued a written Notice of Intent to Revoke Econo Lodge's business license, which Notice was delivered to Econo Lodge by certified mail on April 14, 2025; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed public hearing regarding the potential revocation of the business license issued to Econo Lodge, at which time all interested persons were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 2025-008 Page 3 of 4 -16: SECTION 1. Based upon the evidence presented at the hearing, the City Council finds that violations of the laws of the City have been committed or are being permitted to be committed upon the premises where Econo Lodge's business is being conducted, including: A. Violation of Econo Lodge's duties set forth in Section 3.20.050 of the Blythe Municipal Code. B. Violation of reporting and remitting requirements set forth in Section 3.20.050. SECTION 2. The City Council hereby revokes the business license (BL-10876) issued to Fortune Five Properties LLC dba Econo-Lodge Blythe, effective immediately. Fortune Five Properties LLC dba Econo-Lodge Blythe shall immediately cease operation of its business at 903 W. Hobsonway, Blythe, CA 92225. SECTION 3. Each and every one of the findings and determinations in this resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the action taken by the City Council. All summaries of information in the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 4. 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 13th day of May, 2025, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Joseph DeConinck, Mayor ATTEST: Mallory Crecelius, City Clerk (SEAL) Resolution No. 2025-008 Page 4 of 4 -16 NEW BUSINESS -16 CITY OF BLYTHE * Blythe CITY COUNCIL MEETING - STAFF REPORT MEETING DATE: May 13, 2025 SUBJECT: Agreement with County of Riverside Purchasing and Fleet Services Department PRESENTED BY: Christa Elms, Director of Finance PREPARED BY: Christa Elms, Director of Finance RECOMMENDATION: It is recommended that the City Council: 1. Enter contract with the County ofl Riverside Purchasing and Fleet Services Department for fuel and car wash services provided at County service sites. 2. Authorize the Interim City Manager to execute the contract with the County ofRiverside for fuel and car wash services, in such final form as approved by the City Attorney, commencing upon execution by both parties, continuing in effect through June 30, 2030. 3. Should the value of the contract exceed $100,000 and require County of Riverside Board of Supervisors ("Board of Supervisors") approval pursuant to Section II(A), authorize the Interim City Manager to execute subsequent actions taken by the Board ofSupervisors, in such form as approved the City Attorney. FISCAL IMPACT: The fiscal impact varies based on approved rates and gallons of fuel used by departments. Total amount ofthe Agreement will be determined by the total amount of fuel and car wash services required by the City and provided by the County. The City adopted a fuel budget of$180,000 for fiscal year 2024-2025 and projects a budget of $200,000 for fiscal year 2025-2026. BACKGROUND: California Government Code Section 23008 provides, whenever it is economical and satisfactory to do sO, a County may lease equipment, perform work, or furnish goods to any district or municipal corporation within the County. The County of Riverside Purchasing and Fleet Department ("County") provides a comprehensive fleet management program. This includes maintenance and operations of eleven fueling locations, three ofwhich have car washing facilities located throughout the County of Riverside. In or around 2011, one of these facilities was constructed in the City of Blythe located on the corner of Main and Barnard. Since its construction the City departments have been using the facility to fuel its gas operated vehicles. In late March, the County reached out to the City and other agencies that utilize the County's fueling stations notifying them that the services provided were never formalized by agreement. The County is requesting to formalize the arrangement with the City and other agencies for continued use of the County's fueling stations. STAFF REPORT: The County has strategically located fueling stations throughout the County of Riverside. One of these locations was constructed within Blythe city limits, referred to as -16 Blythe Site #25. The City currently uses the Blythe fueling station for the fueling ofa all its gas operated vehicles. The station provides an economical fueling option for the City. Additionally, the other ten locations throughout the County can be used by the City, which may be beneficial during times when employees are traveling on City business. The cost to the City for the fuel is the cost of the fuel plus the Board of Supervisors approved markup rate to recover the cost of providing the service. The approved fuel markup rate for fiscal year 2024-2025 is $0.45 per gallon, and $0.47 per gallon for fiscal year 2025-2026. Rates are approved by the Board of Supervisors annually and generally effective July 1stofe each year. At the writing ofthis report, the average price per gallon in Riverside County is $4.617, and a state average of $4.826. Although Blythe is in Riverside County average prices at the pump generally run higher in the Blythe area compared to the rest ofthe County. The City is currently paying $4.55 per gallon at the County fuel station. Due to fluctuation in the City's fuel needs, fuel prices, and change in Board of Supervisors approved markup; there is no maximum or minimum fleet services to be provided under the Agreement. The value of the Agreement will be determined by the total amount and nature of the fleet services provided by the County to the City during the term of the Agreement. Services being provided to the City under the Agreement are identified in Exhibit A of the Agreement. The Agreement is exempt from bidding requirements pursuant to Section of 2.65.070 of the Blythe Municipal Code. Staff recommends the City Council authorize the Interim City Manager to enter and execute the contract with the County ofRiverside Purchasing and Fleet Services Department, in such final form as approved by the City Attorney. If approved, the agreement will provide City departments with fueling and car washing services at the County facilities identified in Exhibit B of the Agreement. Should the value of the agreement exceed $100,000 and require Board of Supervisors approval, staff recommends the City Council authorize the Interim City Manager to enter and execute subsequent actions taken by the Board of Supervisors, in such final form as approved by the City Attorney. Ift the City Council elects not to approve the contract with the County, the City's use of the Blythe station or any other County station will terminate on June 30,2025; and the City will need to find other means of fueling its gas operated vehicles. ATTACHMENTS: 1. Agreement No. 2025-022 A - County of Riverside Fleet Services and Supplies Agreement 2. Attachment A County of Riverside Rate Sheet for Fiscal Year 2025-2026 -16 Agreement No. 2025-022 A County of Riverside Fleet Services and Supplies Agreement (Fuel and Car Washes Only) This County of Riverside Fleet Services and Supplies Agreement ("Agreement") is made and entered into by and between the County of Riverside, a political subdivision of the State of California, through its Purchasing and Fleet Services Department, ("County") and the City of Blythe, a California municipal corporation ("Customer"). Customer and County are sometimes referred to herein individually as a "Party" and collectively as the "Parties". WHEREAS, California Government Code section 23008 provides, whenever it is economical and satistactory to do sO, a county may lease equipment, perform work, or furnish goods for any district or municipal corporation within the county, if before the work is done or the goods are ordered or furnished by the county, an amount equal to the cost, or an amount 10 percent in excess of the estimated cost, is so reserved from the funds of the district or municipal corporation to be charged that it may be transferred to the county, when the work is completed or the goods are supplied"; : and WHEREAS, Customer is a district or municipal corporation within the County of Riverside; and WHEREAS, Customer has requested that the County provide certain fleet services and supplies; and WHEREAS, County is qualified to provide said fleet services and supplies; and WHEREAS, the Parties have found it economical and satistactory to do so; and WHEREAS, before the fleet services and supplies are provided, Customer agrees to reserve an amount equal to the cost, or an amount 10 percent in excess of the estimated cost, from the funds of Customer to be transferred to the County when the fleet services are completed or fleet supplies are supplied. NOW, THEREFORE, the Parties agree as follows: I. FLEET SERVICES AND SUPPLIES A. County shall provide the fleet services and supplies set forth in Exhibit A, attached hereto and incorporated herein by this reference, when mutually agreed to by County and Customer. B. For fuel and car wash services, Customer shall have access to the County sites listed in Exhibit B, attached hereto and incorporated herein by this reference. Updates to Exhibit B shall be provided by County when changes occur. No amendment is warranted for changes to Exhibit B. County will assign each of Customer's drivers a Personal Identification Number ("PIN") to be used when obtaining fuel and car washes from County sites. Annually or more frequently if changes occur, Customer shall provide a list of authorized drivers that may obtain fuel and car washes at County sites sO that individual PINs may be assigned and kept accurate. For simplicity of billing, Customer may, at their discretion, elect to use a "summary PIN" for groups of drivers (this approximates an Page 1 of 10 -17 Agreement No. 2025-022 A account number for groups of drivers). Customer shall be responsible to keep each "PIN" confidential and Customer shall be liable for all charges associated with its assigned "PIN(s)" whether authorized by Customer or not. Customer shall provide a list of vehicles/equipment that are authorized to use the fieet services and supplies at least annually or more frequently if changes occur. C. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL FLEET SERVICES AND SUPPLIES PROVIDED HEREUNDER ARE EXPRESSLY PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. COUNTY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE OR OTHERWISE), ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY THE COUNTY, OR ANY PERSON ON COUNTY'S BEHALF. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF ITS OBLIGATIONS UNDERTAKEN IN THIS AGREEMENT. I. PAYMENT PROVISIONS A. Customer agrees to pay for all fleet services and supplies provided by County to Customer. The total dollar amount of this Agreement will be determined by the total amount and nature of the fleet services and supplies provided by County to Customer. There is no guaranteed maximum or minimum number of fleet services and supplies to be provided under this Agreement. The total value of services provided by County to Customer shall not exceed $100,000, unless the County of Riverside Board of Supervisors' approval is obtained. B. County shall charge Customer for the fleet services and supplies as described in Exhibit A. Rates are approved annually by the County of Riverside Board of Supervisors and will be provided to Customer as approved, generally about thirty (30) days prior to implementation of the new rates (rates are typically effective on July 1st of each year). The rates as approved do not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Customer in addition to the rates. C. Before the fleet services and supplies are provided, Customer represents and warrants that it will reserve an amount equal to the cost, or an amount 10 percent in excess of the estimated cost, from the funds of Customer to be transferred to the County when the fleet services are completed or fleet supplies are supplied. . Customer will be invoiced in arrears monthly by County. Customer shall remit full payment to County within thirty (30) days of receipt of invoice. Checks shall be made payable to: County of Riverside Purchasing and Fleet Services Department. Page 2 of 10 -17 Agreement No. 2025-022 A III. GENERAL TERMS AND CONDITIONS A. Recitals. County and Customer agree that the recitals herein are true and correct and are incorporated into and shall constitute a part of this Agreement. B. Term. This Agreement shall be effective upon signature of this Agreement by both Parties and continues in effect through June 30, 2030, unless terminated earlier in accordance with the terms hereof. C. Termination. 1. Termination without Cause. Either Party may terminate this Agreement at any time without cause by giving thirty (30) days' prior written notice to the other Party. 2. Termination with Cause. In the case of breach, the non-breaching Party may terminate this Agreement with cause if it provides thirty (30) days'written notice to the breaching Party identifying the breach in reasonable detail and the breach remains uncured at the end of the thirty-day (30-day) notice period. The termination shall be effective as of the end of the thirty-day (30-day) notice period; except if the Party receiving the notice disputes the breach in a written notice within such thirty-day (30-day) period, the Parties will first comply with the dispute resolution procedures in this Agreement and the Agreement will terminate (a) within thirty-days (30-days) after final resolution of the dispute, if the breaching Party has not cured the breach; or (b) immediately after final resolution of the dispute if it is determined that the dispute was not brought in good faith but principally for the purpose of delay. Customer shall pay for all fleet services and supplies provided by County in accordance with this Agreement prior to the date oft termination. This provision does not apply to a breach for Customer's non- payment. County may terminate this Agreement with immediate effect by giving written notice to Customer if Customer fails to pay any amount due under this Agreement on the due date for payment. D. Mutual Indemnification. The indemnity obligations contained in this Agreement shall survive the termination or expiration of this Agreement. 1. County Indemnification. County shall indemnify and hold harmiess the Customer, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Customer) from any liability, action, claim or damage whatsoever, based or asserted upon any negligence, recklessness or willful misconduct of the County, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. County shall defend, at its sole expense, all costs, and fees including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards, the Customer in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by County, County shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of Customer; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification to Customer as set forth herein. County's obligation hereunder shall Page 3 of 10 -17 Agreement No. 2025-022 A be satisfied when County has provided to Customer the appropriate form of dismissal relieving Customer from any liability for the action or claim involved. 2. Customer Indemnification. Customer shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as County Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any negligence, recklessness or willful misconduct of the Customer, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. Customer shall defend, at its sole expense, all costs, and fees including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards, the County Indemnitees in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by Customer, Customer shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Customer's indemnification to County Indemnitees as seti forth herein. Customer's obligation hereunder shall be satisfied when Customer has provided to County the appropriate form of dismissal relieving County from any liability for the action or claim involved. E. Insurance. Customer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. 1. Workers' Compensation: Customer shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including occupational disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside. 2. Commercial General Liability: Customer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise out of or in any way relate to this Agreement. Policy shall name the County as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. 3. Vehicle Liability: For all vehicles or mobile equipment used by Customer in connection with this Agreement, Customer shall maintain liability insurance for all owned, non- owned, or hired vehicles sO used in an amount not less than $1,000,000 per occurrence combined singie limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Additional Insureds. 4. General Insurance Provisions - All Lines: (1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an. A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a Page 4 of 10 -17 Agreement No. 2025-022 A requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. (2) Customer must declare its insurance selfinsured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of selfinsured retention unacceptable to the County, and at the election of the County's Risk Manager, Customer's carriers shall either: () reduce or eliminate such self-insured retention as respects this Agreement with the County, or (ii) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (3) Customer shall cause Customer's insurance carrier(s) to furnish the County of Riverside with either (1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and () if requested to do sO orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If Customer's insurance carrier(s) policies does not meet the minimum notice requirement found herein, Customer shall cause Customer's insurance carrier(s) to furnish a thirty (30) day Notice of Cancellation Endorsement. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. County and Customer shall not commence operations under this Agreement until the County has been furnished original Certifiçate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. (4) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the County. (5) Customer agrees to notify County of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. F. Agreement AdmnstatgnAgreement Liaison. The Director of Purchasing and Fleet Services, or designee, shall administer this Agreement on behalf of the County and serve as the liaison with Customer in connection with this Agreement. Upon execution of this Agreement, Customer shall designate an individual to administer this Agreement on behalf of the Customer and serve as the liaison with County in connection with this Agreement. G. Notices. All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid: County of Riverside City of Blythe Purchasing and Fleet Services Finance Department Page 5 of 10 -17 Agreement No. 2025-022 A Attn: Director of Purchasing and Fleet Services Attn: Finance Director 4293 Orange Street 235 N. Broadway Riverside, CA 92501 Blythe, CA 92225 H. Force Majeure. If the County is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, including but not limited to, acts of God/nature, acts of war/terrorism, civil disorders, riots, labor disputes, industrial disturbances, utility failures, embargoes, acts or orders of government, or other similar acts, the County shall not be held liable for such failure to comply. I. Disputes. The Parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the Parties. Any dispute relating to this Agreement, which is not resolved by the Parties shall be decided by the Riverside County Contract Compliance Officer who shall furnish the decision in writing. The decision of the Riverside County Contract Compliance Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or sO grossly erroneous to imply bad faith. Prior to the filing of any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The Parties shall share the cost of the mediations. J. Interpretation. The Parties acknowledge that they had the opportunity to consult with legal counsel of choice. The rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement. K. Waiver. Any waiver by either Party of any breach of any one or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of either Party to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing the Party from enforcing the terms of this Agreement. L. Independent Contractors. The relationship of the Parties hereto is that of independent contractors. Nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. M. Compliance with Applicable Laws. The Parties shall comply with all applicable federal, state and local laws and regulations. The Parties shall comply with all applicable County policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the Parties shall comply with the more restrictive law or regulation. Any provision required to be in this Agreement by any applicable federal, state or local laws and regulations shall bind County and Customer, whether or not expressly provided in this Agreement. N. Assignment and Delegation. Customer shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of Page 6 of 10 -17 Agreement No. 2025-022 A the County. Any attempt to delegate or assign any interest herein by Customer without the prior written consent of the County shall be deemed void and of no force and effect. O. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of County and Customer. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. P. Governing Law: Venue. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in Superior Court of the State of California located in Riverside, California, and the Parties waive any provision of law providing for a change of venue to another location. Q. Severability. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. R. Entire Agreement: Amendments. This Agreement, including any exhibit(s), constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both Parties. S. Counterparts: Signatures. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Customer represents and warrants that the individual signing this Agreement on behalf of Customer has full and complete authority to bind Customer to each and every term of this Agreement. Each Party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code SS 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. [Signature Page Follows] Page 7 of 10 -17 Agreement No. 2025-022 A IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement. County: Customer: By: By: Meghan Hahn Mallory Crecelius Director of Purchasing and Fleet Services Interim City Manager Date: Date: Approved as to Form: Approved as to Form: County Counsel City Attorney By: By: Deputy Brittany Roberto City Attorney Page 8 of 10 -17 Agreement No. 2025-022 A Exhibit A Fleet Services and Supplies 1. Car Wash (Automated) (Charged at Current Rate Per Car Wash) 2. Fuel Services (Charged at County Cost Plus Current Per Gallon Purchased Markup Rate) Page 9 of 10 -17 Agreement No. 2025-022 A Exhibit B County of Riverside Fleet Services Fueling Sites Riverside (County Circle) - Site #17 4066 County Circle Dr., Riverside, CA 92503 No Gate Riverside (Orange St.)- Site #13 4293 Orange St., Riverside, CA92501 No Gate Hemet - Site #14 824 N. State St, Hemet, CA 92543 Gated Use Code #5150 Murrieta - Site #19 30755-V Auld Rd., Murrieta, CA 92563 Gated Use Code #5150 Perris = Site #23 308 E. San Jacinto Ave., Perris, CA 92570 No Gate Moreno Valley - Site #20 25241 Cottonwood Ave., Moreno Valley, CA 92553 No Gate Banning - Site #15 1628 S. Hargrave, Banning, CA 92220 No Gate Cabazon - Site #22 50208 Main St, Cabazon, CA 92230 No Gate Indio - Site #16 82-775 Plaza Ave., Indio, CA 92201 Gated Use Code #8375 Thermal - Site #26 86-625 Airport Blvd., Thermal, CA 92274 No Gate Blythe - Site #25 226 W. Barnard St., Blythe, CA 92225 No Gate County of Riverside Fleet Services Car Wash Sites Riverside (Orange St.) - Site #13 4293 Orange St., Riverside, CA 92501 No Gate Blythe - Site #25 226 W. Bamard St., Blythe, CA 92225 No Gate Indio - Site #16 82-775 Plaza Ave., Indio, CA 92201 Gated Use Code #8375 Page 10 of 10 -17 ATTACHMENT A -18 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT 75 SHE MEETING DATE: May 13, 2025 SUBJECT: Letter Supporting SB 534- Salton Sea Region Green Empowerment Zone PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council issue a letter of support for SB 534, the Salton Sea Region Green Empowerment Zone. FISCAL IMPACT: None. BACKGROUND: State Senator Steve Padilla, who represents the City of Blythe recently introduced SB 534, the Salton Sea Region Green Empowerment Zone. This bill aims to address the historic lack of public and private investment in the Salton Sea region by establishing a Green Empowerment Zone that would foster regional collaboration and strategically leverage incentives for economic, workforce and community development. The Salton Sea region faces significant economic and environmental challenges, including poor air quality, high unemployment, and limited infrastructure to support economic growth. The California Environmental Protection Agency's (EPA) CalEnviroScreen mapping tool identifies much of the region as disadvantaged and disproportionately burdened by various sources of pollution. Despite these challenges, thei region stands at a critical turning point with the potential to become a major domestic supplier of lithium, a key component in renewable energy development. However, without a coordinated economic development framework, the benefits ofthe emerging industry may not be realized by local communities. Council Member Spraggins directed staff to place this item on the Agenda for discussion and direction. STAFF REPORT: SB 534 would establish the Salton Sea Region Green Empowerment Zone to: Attract public and private investments to historically underserved communities. Support workforce development programs to prepare local workers for high-paying jobs in the lithium industry. Create a robust economic development framework to ensure sustainable growth and long-term prosperity. Establish a governing board to oversee the Zone's operations and ensure its success. -18 The purpose ofthe empowerment zone. is to cultivate and stimulate targeted investments by the public and private sectors in California 's southeastern desert region, which has historically been overlooked and left behind by the state's existing economic planning and funding activities. The empowerment zone will accomplish this goal by facilitating the region to work collaboratively on strategically leveraging state, federal, and local govemment-provided tax incentives with grant, loan, and workforce training programs and services offered through public and private sector entities. Success ofthe empowerment zone shall be measured by thei increased flow ofpublic and private capital into the region, the participation oflocal residents and businesses in the benefits ofthose investments, and the expansion and innovation ofa green energyi industrial center. This includes but is not limited to, the development of the region's Lithium extraction and processing capabilities, the development ofrelated manufacturing, and an increased quality oflife for the residents and businesses located within the empowerment zone, especially those communities and groups of individuals who have historically experienced an unequal distribution of environmental benefits and harm. The empowerment zone may include the land and communities within the Imperial, Eastern Coachella, and Palo Verde Valleys. ATTACHMENTS: None -18 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT MEETING DATE: May 13, 2025 SUBJECT: Setting Support for Border Zone Fuel Tax Exemption as a Legislative Priority PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: It is recommended Council set an effort to create a Border Fuel Tax Exemption Zone for retail fueling stations located within 20 miles of the Arizona border as a legislative priority, authorize thel Mayor to execute and submit letters ofsupport for this effort on behalf ofthe City and direct staff and the CVSP Closure Committee to work with our Lobbyist and State elected officials on policy and/or legislation to create a fuel exemption border zone for Blythe. FISCAL IMPACT: None. BACKGROUND: Retail gasoline stations near California's eastern border are being economically undercut by significantly lower fuel prices in neighboring Arizona. This price gap- driven largely by California's excise and environmental fuel taxes- pushes consumers across state lines to purchase fuel, harming local businesses, reducing in-state tax revenue, and undermining the intent of environmental and infrastructure policies. A geographically limited exemption from state fuel taxes for stations within 20 miles ofthe. Arizona border would restore competitiveness, protect rural jobs, and improve tax efficiency. A targeted border fuel tax exemption would address this economic distortion, retain critical infrastructure funding indirectly, and support struggling communities. Vice Mayor Rodriguez directed staff to place this item on the Agenda for discussion and direction. STAFF REPORT: On May 8, 2025, during a Palo Verde Economic Alliance Meeting Vice Mayor Rodriguez presented thei issues faced by local fuel retailers in Blythe, California and their inability to compete with neighboring gas prices to State Assemblyman Jeff Gonzalez. Assemblyman Gonzalez committed staffto work with the City on creating policy or legislation to reduce the excise tax on fuel sold in border towns, such as Blythe. Toj proceed, Council should make this a legislative priority for the City. This would allow staffto draft and submit letters of support as well as spend time working with our Lobbyist, state legislators and partners on this plan. The plan includes working with other cities such as Needles, also represented by Assemblyman Gonzales, and other border towns to have regional support for Border Zone for fuel tax exemptions. -18 Therefore, Itis recommended Council set an effort to create a Border Fuel Tax Exemption Zone for retail fueling stations located withing 20 miles ofthe Arizona border a legislative priority, authorize the Mayor to execute and submit letters of support for this effort and direct staff and the CVSP Closure Committee to work with our Lobbyist, State elected officials and partners on policy and/or legislation to create a fuel exemption border zone for Blythe. ATTACHMENTS: 1. Draft Policy Memo -18 Policy Memo To: Assemblymember Jeff Gonzalez State Senator Steve Padilla From: Johnny Rodriguez, Vice-Mayor, City of Blythe Date: May 2, 2025 Subject: Proposal for a Border Zone Fuel Tax Exemption to Protect California Businesses and Tax Revenue Executive Summary Retail gasoline stations near California's eastern border are being economically undercut by significantly lower fuel prices in neighboring Arizona. This price gap-driven largely by California's excise and environmental fuel taxes- pushes consumers across state lines to purchase fuel, harming local businesses, reducing in-state tax revenue, and undermining the intent of environmental and infrastructure policies. A geographically limited exemption from state fuel taxes for stations within 20 miles of the Arizona border would restore competitiveness, protect rural jobs, and improve tax efficiency. Background California's fuel taxes exceed $1.00 per gallon when including excise taxes and Low Carbon Fuel Standard (LCFS) compliance costs. Arizona's taxes are far lower, creating a consistent $1.00-$1.50 per gallon retail price gap. As a result: California consumers cross state lines to buy fuel in Arizona. Local California gas stations, especially in communities like Blythe, lose revenue and face closure. California loses sales tax, business income, and associated employment taxes. Environmental goals are not met, and in some cases, emissions increase. Proposal Create a Border Fuel Tax Exemption Zone for retail gasoline stations located within 20 miles ofthe. Arizona border, allowing: Exemption from California's gasoline excise tax and LCFS-related fees. More competitive fuel pricing to retain California customers. Economic support for vulnerable rural communities. Justification 1. Cross-Border Fueling Harms California's Infrastructure Model Inbound vehicles fuel just before entering California, then travel our roads and impact our -18! air without ever contributing to the fuel taxes intended for road maintenance or environmental mitigation. Outbound vehicles travel across California, contributing to wear and emissions, but refuel just across the Arizona border--again, no tax is collected to offset their impact. This represents a loss of return on infrastructure investment, especially in border regions where vehicle flow is heavy. 2. Economic Equity for Border Businesses Gas stations in California border towns operate at a structural pricing disadvantage. Without relief, these businesses face a cycle of decline: fewer customers, layoffs, closures, and shrinking local tax bases. 3. Retaining In-State Revenue A tax exemption may reduce excise collections, but net state revenue could increase through higher in-state sales volumes, sustained business operations, and continued sales and employment tax contributions. 4. Environmental Integrity The current system incentivizes unnecessary driving and emissions leakage. Allowing California stations to remain competitive reduces unnecessary border crossings and keeps emissions--and their mitigation--within the state's control. 5. Limited and Targeted Scope This exemption would apply only to a small fraction of California gas stations -those demonstrably impacted by cross-border pricing and could be reviewed every 3-5 years. Conclusion and Recommendation California's fuel tax structure inadvertently punishes its own businesses and fails to capture contributions from the vehicles most impacting its roads and air in border zones. A targeted border fuel tax exemption would address this economic distortion, retain critical infrastructure funding indirectly, and support struggling communities. We urge the Legislature and CDTFA to introduce and support this geographically limited policy adjustment in the interest of fairness, efficiency, and long-term sustainability. -18 CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT - MEETING DATE: May 13, 2025 SUBJECT: Ordinance Adopting Amended Military Equipment Policy 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: It is recommended that the City Council introduce Ordinance No. 941- 25: ORDINANCE NO. 941-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIROMMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY. ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON, SENSE EXEMPTION) 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, 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. -18 On May 10, 2022, the City Council adopted Ordinance No. 915-22, adopting a Military Equipment Use Policy governing the use of items that are deemed "military equipment" under AB 481. On August 8, 2023, the City Council adopted Ordinance No. 922-23, adopting an amended Military Equipment Use Policy. OnJuly 9, 2024, the City Council adopted Ordinance No. 930-24, adopting an amended Military Equipment Use Policy. 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. STAFF REPORT: On April 8, 2025, the Police Department presented the Annual Military Equipment Report to the City Council. On April 15, 2025, the Police Department held a community engagement meeting 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 is proposing to amend the policy to include additional equipment, including adding a ninth category of" "military equipment" and increasing the quantities for items outlined in existing categories. The policy continues to contemplate use of military equipment owned by other law enforcement agencies. The proposed amended policy is included as Exhibit A to the proposed ordinance. To comply with AB 481, the Police Department is recommending that the City Council introduce Ordinance No. 941-25 to adopt an amended Military Equipment Policy. ATTACHMENTS: 1. Ordinance No. 941-25 -18 ORDINANCE NO. 941-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) The City Council of the City of Blythe hereby finds and declares as follows: WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 became effective January 1, 2022 and is codified at Sections 7070 through 7057 of Chapter 12.8 of Division 7 of Title 1 of the California Government Code; and WHEREAS, the term "military equipment" is defined in California Government Code Section 7070; and WHEREAS, 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; and WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency's use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and WHEREAS, on May 10, 2022, the City Council adopted Ordinance No. 914-22, adopting a Military Equipment Use Policy; and WHEREAS, on August 8, 2023, the City Council adopted Ordinance No. 922-23, adopting an amended Military Equipment Use Policy; and WHEREAS, on July 9, 2024, the City Council adopted Ordinance No. 930-24, adopting an amended Military Equipment Use Policy; and Ordinance No. 941-25 Page 1 of 4 -18 WHEREAS, the Blythe Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481 and further intends to acquire other items of military equipment; and WHEREAS, the Blythe Police Department has prepared a proposed amended Military Equipment Policy, attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the Blythe Police Department submitted the proposed amended Military Equipment Policy to the City Council and made the proposed amended Military Equipment Policy available on the City's website for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Use Policy on May 13, 2025; and WHEREAS, as required by AB 481, the City Council determines as follows: (a) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and (b) the proposed military equipment use policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and (c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, the proposed Military Equipment Policy satisfies the requirements of California Government Code Section 7070(d); 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. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Blythe Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the amended Military Equipment Policy attached hereto as Ordinance No. 941-25 Page 2of 4 -19 Exhibit "A." The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Blythe Police Department. SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Blythe Municipal Code unless and until the City Council sO ordains. 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. 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 Ordinance No. 941-25 Page 3 of 4 -19 ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney Ordinance No. 941-25 Page 4 of 4 -19 EXHIBIT A MILITARY EQUIPMENT POLICY -19: Policy Blythe Police Department 706 Blythe Police Department Policy Manual Military Equipment 706.1 PURPOSE AND SCOPE State The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code SS 7070-7075). 706.1.1 DEFINITIONS State moDEED Definitions related to this policy include (Government Code S 7070): Governing body - means the elected or appointed body that oversees the Department. Military equipment = has the meaning set forth in Government Code S 7070(c), as amended from time to time, and includes the following: Unmanned, remotely piloted, powered aerial or ground vehicles. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. High no obility.multip à wheeled Vehicles M monly referred to as Humve es, two hd-o je-half- on trucks, five-ton frucks, or whee eled vehicles that have a breaçhing or entry apparatu us attached, Tracked armored ve! cles that prov jde balistic otection to their occupants and utilize a trackedisystem instead of W deéls for forwardinotion. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. Weaponized aircraft, vessels, or vehicles of any kind. Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns. Ammunition of.50 caliber or greater, excluding standard issue shotgun ammunition. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections S 30510 and S 30515 of the Penal Code with the exception of standard-issue service weapons and ammunition. Any firearm or firearm accessory that is designed to launch explosive projectiles. "Flashbang" grenades and explosive breaching tools. "Tear gas" and "pepper balls,' excluding standard, service-issued handheld pepper spray. CopyrightLexipol. LLC: 2025/03/18, Alll Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Blythe Police Department -19 Blythe Police Department Blythe Police Department Policy Manual Military Equipment Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. The following projectile launch platforms and their associated munitions: 40mm projectile launches, "bean bag," rubber bullet, and specially impact munition (SIM) weapons. Any other equipment as determined by a governing body or a state agency to require additional oversight. Notwithstanding paragraphs (a) through (0), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. 706.2 POLICY State MODIFED It is the policy of the Blythe Police Department that members of this Department comply with the provisions of Government Code SS 7071-7072 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR Best Practice MODIFIED The Chief of Police or h /her design e shal e the military equip jent coordinator. The responsibilities of the militan ed mei coordi ator include butare not nited to: (a) Acting as liaisoh to the govèrning ody fox matiers related to the requirements of this policy. (b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Blythe Police Department (Government Code S 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Coordinating with the City Clerk's Office to publicize the details of the meeting. 2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the governing body and ensuring that the report is made available on the Department's website (Government Code S 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. Copyrightl Lexipol, LLC: 2025/03/18, AllRights Reserved. ***DRAFTH* 2 Published withp permission by Blythe Police Department Military Equipment -19: Blythe Police Department Blythe Police Department Policy Manual Military Equipment 706.4 MILITARY EQUIPMENT INVENTORY State MODEED The following constitutes a list of qualifying equipment for the Department: See Attachment A Military Equipment List 706.5 APPROVAL State ODFIED The Chief of Police or his/her authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or his/her authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department's website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code S 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the activities outlined in Government Code S 7071. 706.6 COORDINATION WITH OTHER JURISDICTIONS State ODFED As established throu gh past tpractice and mutualaid agreern ments, any. juriso ction through contract, mutual aid agreem nt or req uest must accept the Dep par artmen nts poltcies and procedures governing the deployment of equipment utili lized by Blythe Potice Depar artment emplo yees. This is reciprocal to other law enfordement agencies. Through the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's military equipment policy related to any enforcement action throughout Riverside County. Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. Situations may arise where the Blythe Police Department may deploy or use military equipment owned by other law enforcement agencies. The following constitutes a non-exhaustive list of such equipment the Blythe Police Department is authorized to deploy or use: See Attachment B (Military Equipment List-Equipment Owned by Other Agencies). The Blythe Police Department hereby adopts the military equipment use policy as is approved, and may be amended from time to time, under Government Code S 7070 et seq., for jurisdictions that the Blythe Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Blythe Police Department to deploy or use the military equipment of another jurisdiction. CopyrightLexipol, LLC2 2025/03/18, AllRights Reserved. ***DRAFT* Military Equipment - 3 Published with permission by Blythe Police Department -19 Blythe Police Department Blythe Police Department Policy Manual Military Equipment 706.7 ANNUAL REPORT State ODE Upon approval of a military equipment policy, the Chief of Police or his/her authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code $ 7072). The Chief of Police or his/her authorized designee shall also make each annual military equipment report publicly available on the Department's website for as long as the military equipment is available for use. The report shall include all information required by Government Code S 7072 for the preceding calendar year for each type of military equipment in the Department's inventory. 706.8 COMMUNITY ENGAGEMENT State Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or useof military equipment. 706.9 COMPLIA CE PRO ÇEDUR Agency Content This procedure isi itoensure compliance with the military lequipment usé_policy. All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process and be handled in a timely manner. CopyrightLexipol, LLC2 2025/03/18, AIIF Rights Reserved. ***DRAFT*** Military Equipment 4 Published with permission by Blythe Police Department -19' Blythe Police Department Blythe Police Department Policy Manual Military Equipment Attagh ments DR - -191 Blythe Police Department Blythe Police Department Policy Manual ATTACHMENT A MILITARY EQUIPMENT LIST DRAFT Military Equipment Attachment A -19: Blythe Police Department Blythe Police Department Policy Manual MILITARY EQUIPMENT LIST 1. Armored Vehicles a. Description, quantity, and capabilities (i) 2000 Dodge Peacekeeper Armored Rescue truck. Quantity not to exceed 1. This vehicle has been replaced by the vehicle listed below and is awaiting transfer to the federal government. (ii) 2010 Oshkosh Defense Mine Resistant Ambush Protected (MRAP) All- Terrane Vehicle (M-ATV) on loan from the Law Enforcement Support Office (LESO) (formerly called the 1033 Program). Quantity not to exceed 1. (ii) Capabilities: The capabilities of armored vehicles are similar to a 4x4 SUV and can protect occupants from handgun and rifle fire of a caliber typically found in the State of California and used against law enforcement. Armored vehicles provide safety for law enforcement personnel and victims being evacuated from dangerous situations. b. Purpose Used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. C. Author zea Ds Only as signed oper ators Wno have omple ted the requ red training shall be permit d to op rate Am or ed Ve hicles d. Expec d Life par 4 to 6 ears. e. Fiscal Impact: Cost The MRAP vehicle was obtained from LESO at no cost to the general fund. Annual maintenance cost is approximately $1,000. f. Training: In-house training is required to operate the armored vehicle. g. Legal and Procedural Rules This armored vehicle is utilized in accordance with the California Vehicle Code. 2. Command and Control Vehicles a. Description, quantity, and capabilities 2009 36' Eagle Command Post, equipped with shelving, mounted generator power source, work stations and related equipment for responding and handling large and small incidents. Quantity not to exceed 1. b. Purpose To be used in fire emergencies, search and rescue operations, extended crime scenes, large public events and for extended remote projects or trainings. C. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the Mobile Command Post. Military Equipment Attachment A -200 Blythe Police Department Blythe Police Department Policy Manual d. Expected Life Span 51 to 7 years. e. Fiscal Impact; Cost The Riverside County Sheriff's Department donated the Mobile Command Post. Initial costs include approximately $3,000 for decals, supplies and safety inspection. Annual maintenance cost is approximately $2,000. f. Training All authorized operators will complete in-house training on the operation of the Mobile Command Post. g. Legal and Procedural Rules The Mobile Command Post is utilized in accordance with the California Vehicle Code. 3. Unmanned Aircraft System (UAS) a. Description, quantity, and capabilities (i) DJI Mavic 2 Enterprise Advanced. Quantity not to exceed 6. (ii) DJI Matrice 30T. Quantity not to exceed 4. (ii) DJI Avata. Quantity not to exceed 4. (Mv)Capabilities: UAS can provide aerial views above an area to be searched for or ame ciden m prog ress. b. Purpose To be deploye wh hen 1s view ould assis officers or cident commanders with the followi 9 si uations whi ch incl ude out are not lim ted to: (1) major collision investigations. (i) search for missing persons. (iii) natural disaster management. (iv) crime scene photography. (v) SWAT, tactical or other public safety and life preservation missions. (vi)in response to specific requests from local, state or federal fire authorities for fire response and/or prevention. C. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. d. Expected Life Span Approximately 3 to 5 years. e. Fiscal Impact: Cost () DJI Mavic 2 Enterprise Advanced - Initial cost of approximately $10,000 per unit. (ii) DJI Matrice 30T - Initial cost of approximately $21,000 per unit. The Blythe Police Department is seeking grant funding from the California State Parks Division of Boating and Waterways for this purchase, such that the purchase will be at no cost to the general fund. (ii) DJI Avata = Initial cost of approximately $1,450 per unit. Military Equipment Attachment A -20 Blythe Police Department Blythe Police Department Policy Manual (iv)Annual maintenance and battery replacement cost is approximately $3,000 per unit. f. Training All Blythe Police Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour Department training and ongoing quarterly training. g. Legal and Procedural Rules FAA Regulation 14 CFR Part 107 and the Blythe Police Department's UAS Policy. UAS are used only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 4. Firearms a. Description, quantity, and capabilities (i) Colt enhanced patrol rifles. Quantity not to exceed 35. These rifles are capable of both long distance and close defensive fire, and are only used to preserve life. (ii) B&T 9mm select fire rifles. Quantity not to exceed 8. These firearms are used for close defensive fire, and are only used to preserve life. (ii) 9mm Glock 18 pistols. Quantity not to exceed 4. These firearms are used for - ose defensi vefire,and are only use dto preserve ife. (iv)Re ington 870 Shotguns, converted to less lethal ith green stocks for ide tificatio pu pose Quantity hot to.exceed 15. Beanbag rounds are uséd in these CO nvertèds shot guns ànd may be deploye d to impact subjects whe demonstrate assaultwe or life-threatening behavior. Beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. The main objectives that officers attempt to achieve in using a beanbag round on a subject exhibiting any of the criteria mentioned above are to effect investigative detention or arrest; control a subject who is in lawful custody; prevent an escape; or protect the officer, the subject, or another person from injury or death. (v) H&K 9mm/55.6 cal MP5 style select fire rifles. Quantity not to exceed 8. These firearms are used for close defensive fire, and are only used to preserve life b. Purpose To be deployed by patrol officers in tactical or other public safety and life preservation missions. C. Authorized Use Only assigned peace officers who have completed the required training shall be permitted to deploy these firearms. d. Expected Life Span 8 to 15 years. Military Equipment Attachment A -20: Blythe Police Department Blythe Police Department Policy Manual e. Fiscal Impact; Cost The Colt rifles were obtained with trade-in credit at no cost to the City's general fund. The 9mm rifles will be obtained with trade-in credit, other law enforcement donations or asset forfeiture funds and will have no cost to the City's general fund. The 9mm Glock 18 pistols were obtained through asset forfeiture funds. Annual maintenance cost for all firearms is approximately $2,500. f. Training All Blythe Police Department members assigned to deploy these firearms in the course of duty shall have completed a 16-hour training course presented by POST-certified Range Instructors who are currently employed by the Blythe Police Department. g. Legal and Procedural Rules The Blythe Police Department utilizes firearms only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 5. Ammunition a. Description, quantity, and capabilities CTS Model 2581 Super Sock Bean Bag Rounds or. similar product. Quantity not to e xceed 1, ,000 rounds b. Purpose Beanb g rounds are used in gor ovent ted sh otguns and may be deployed to impact subjed S who demonst rate assau ltive or life-threatening behavior. Beanbag rounds rhay also bé used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. The main objectives that officers attempt to achieve in using a beanbag round on a subject exhibiting any of the criteria mentioned above are to effect investigative detention or arrest; control a subject who is in lawful custody; prevent an escape; or protect the officer, the subject, or another person from injury or death. C. Authorized Use Only officers that have been trained by POST-certified, Less-Lethal instructors shall be permitted to use bean bag rounds. d. Expected Life Span 2 years. e. Fiscal Impact: Cost $7.00 per round. f. Training Assigned officers are required to complete training provided by POST-certified, Less-Lethal instructors. g. Legal and Procedural Rules The Blythe Police Department utilizes less lethal beanbag rounds only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. Military Equipment Attachment A -20. Blythe Police Department Blythe Police Department Policy Manual 6. Breaching Apparatuses a. Description, quantity, and capabilities Remington 870 Shotgun with breaching type barrel. Provides option to gain forced entry during legal service of search warrant or exigent circumstances. Quantity not to exceed 4. (ii) Defense Technology Breaching Rounds or similar product. Quantity not to exceed 100 rounds. b. Purpose Used for forced entry during the execution of a search warrant or in exigent circumstances. C. Authorized Use Operation of this device is only authorized in the service of a lawful search warrant or in other exigent circumstances by authorized operators. d. Expected Life Span 10 years. e. Fiscal Impact; Cost Initial cost of $40 to convert existing inventory. Maintenance costs included among annual firearm maintenance costs. f. Training Author zed operato S complete ouse training on the operation of the breach ng appa ratus g. Legal nd Prode dur aRU les The B the P ice Depan ment utilizes bre eaching tools pnly for official law enforcement purposes, and pursuant to State and Federal law. 7. Flash Bang Grenades a. Description, quantity, and capabilities Defense Technology Non-Reloadable Distraction Device. Quantity not to exceed 100. b. Purpose Used to create a diversion to support high risk entries in police operations. C. Authorized Use Only assigned officers who have completed the required training shall be permitted to operate flash bang grenades. d. Expected Life Span 2 years. e. Fiscal Impact; Cost Initial cost of approximately $100 per unit. f. Training Training on proper method of deployment is included as part of SWAT training. g. Legal and Procedural Rules ATF regulates the sale and storage of distraction devices. The Blythe Police Department utilizes flash bang grenades only for official law enforcement purposes, and pursuant to State and Federal law. Military Equipment Attachment A -20 Blythe Police Department Blythe Police Department Policy Manual 8. Pepper Ball Carbines and Pepper Balls a. Description, quantity, and capabilities (i) Pepper ball guns provide a non-lethal force option to reduce the need for lethal force. Quantity not to exceed 4. (ii) Pepper balls are filled with oleoresin capsicum (OC). The pepper ball delivery system combined chemical agent exposure with kinetic energy impact to aid in its effectiveness. Quantity not to exceed 1,000. b. Purpose Pepper ball carbines are one of the Department's non-lethal options when stopping violent persons, dispersing large crowds and stopping attacks by uncontrolled animals. C. Authorized Use Only assigned peace officers who have completed the required training shall be permitted to operate pepper ball carbines. d. Expected Life Span 2 to 4 years. e. Fiscal Impact; Cost Approximate cost is approximately $2,500 per unit for the Pepper Ball Carbines and $800 for the pepper balls. Maintenançe costs are approximately $1,500 annua . f. Trainir 9 Trainir g on proper methods of deplo ment Is provided to all peace officers emplo ed by the B the Pali lice epartrn nent g. Legal and rocedural Rules Although no state laws restrict the use of pepper ball carbines for police service, the Blythe Police Department adheres to Department policies and proper methods of deployment. 9. Less Lethal Launcher and Gas Rounds a. Description, quantity, and capabilities () 40 or 37 mm less lethal launchers. Quantity not to exceed 4. Launchers are used to deploy less lethal gas rounds. (ii) Gas rounds are filled with oleoresin capsicum (OC) or Chlorobenzylidene Malononitrile (CS). Quantity not to exceed 1,000. b. Purpose Gas rounds are one of the Department's non-lethal options when stopping violent persons, dispersing large crowds and clearing buildings of barricaded suspects. C. Authorized Use Only assigned peace officers who have completed the required training shall be permitted to operate less lethal gas launchers. d. Expected Life Span 2 to 4 years. Military Equipment Attachment A -20 Blythe Police Department Blythe Police Department Policy Manual e. Fiscal Impact; Cost Approximate cost is approximately $2,000 per unit for the less lethal gas launchers and $40 each for gas rounds. Maintenance costs are approximately $100 annually. f. Training Training on the proper methods of deployment is provided to all peace officers employed by the Blythe Police Department. g. Legal and Procedural Rules The Blythe Police Department adheres to Department policies and proper methods of deployment. DRAFT Military Equipment Attachment A -20 Blythe Police Department Blythe Police Department Policy Manual ATTACHMENT B MILITARY EQUIPMENT LIST-EQUIPMENT OWNED BY OTHER AGENCIES DRAFT Military Equipment Attachment B -20 Blythe Police Department Blythe Police Department Policy Manual MILITARY EQUIPMENT LIST-EQUIPMENT OWNED BY OTHER AGENCIES Unmanned, remotely piloted powered aerial or ground vehicles C Search and locate reported missing children or at-risk adults Search and rescue operations to locate lost or injured hikers A law enforcement specific application involving Aerial drones are used for open terrain or large field searches as a force-multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure. A tracked armored vehicle remotely piloted for use in explosive ordinance disposal Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement Mine Resistant Ambush Protected (MRAP) Vehicle O The MRAP is a large ballistic armored rescue vehicle which can be used for a number of critical situations. It can be deployed for aid during search warrant services as well as rescue missions to include civilians, officers, and hostage situations with seating for 10 adults The MRAP is primarily used in open desert areas; however, it can be used in any dangerous weather condition with the ability ofextreme off-road capabilities. The MRAP is à so used for arge par cel outdoori illeg al marijuana grow enforcement. The MRAE has 4X4 cap ability and abe 9 transport or evacus ate victims in a flood, fire or other natural disa ster Operati on, requires a Class "B" driver's license Armored vehicles o Inventory includes four (4) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (BEAR-CATS). The BEAR-CATS, or rescue vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects Rescue vehicle for on-campus active shooter incidents to rescue injured victims 4X4 capability to transport or evacuate victims in a flood, fire or other natural disaster BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted water cannon. BOMB-CAT use is for tactical operations and explosive ordinance mitigation and fire suppression Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety Military Equipment Attachment B -208 Blythe Police Department Blythe Police Department Policy Manual Vehicles with breaching or entry apparatus attachable BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school grounds or buildings TAC-CAT vehicles have a tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension Non-handheld battering rams, slugs, and breaching apparatuses that are explosive in nature Explosive breaching tools Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs and locks Assault weapons defined under PC 30510 & PC 30515 o Inventory includes AR style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel) Semi-automatic Benelli shotguns Increased, accuracy and precision at long range distances Currently used bymost law enf forcemén agen es across the nation Flashbang grenades Light Sou d Diversion ry Dev vice SDD- las! bangs") are used to minimize risk to all parties through the temporary distraction or disoriertation of armed and violent suspects that pose significant danger to the deputies and community. The effects of the LSDD reduce a suspect's reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of structures Provides a humane fright to aggressive dogs that pose a threat to deputies Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increases officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes Tear gas Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are either 37mm or 40mm caliber, shotgun ferret rounds or cannister shotgun launched ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards Military Equipment Attachment B -20 Blythe Police Department Blythe Police Department Policy Manual Water cannon o The BOMB-CAT bullet resistant rescue vehicle is provisioned with a front mounted water cannon, BOMB-CAT use is for tactical operations, explosive ordinance mitigation and fire suppression Long Range Acoustic Device (LRAD) O LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The LRAD can also be used for public announcements or safety advisements during natural disasters or evacuations The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly Command and control vehicles built or modified to facilitate the operational control and direction of public safety units Command vehicles are built in various platforms to include % ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safetyissues. Vehicles are designed with additional communication abilities, computers white, poar 5, ughty g, gere ators, nd mission es sential supplies 40mm proje tile launchers Less lethal 40mm laun chers ànd rubber proj ject le munitions are configured for high and low ehergy impact-Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass sO that chemical munitions can be deployed. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public Bean bag launchers Less lethal bean bags are utilized through a marked/orange colored easily identifiable less lethal shotgun. The bean bag round is a small led pellet filled munition made of high-density cloth. The bean bag is the predecessor to 40mm less lethal having similar benefits as other less lethal platforms Rubber projectile launchers o Sting ball grenade launches 38 caliber rubber projectiles and are hand delivered. Generalized use in a tactical operation is infrequent in use and deployment. Search warrants, violent combative subjects, or hostage rescue scenarios are criteria for consideration and use against suspects. Sting balls have a greater application in a Jail Corrections Environment. 40mm and 37 mm launchers capable of deploying rubber projectile munitions. An effective less lethal tool used routinely with success Military Equipment Attachment B -21 Blythe Police Department Blythe Police Department Policy Manual Quantities Type of Equipment Quantity Unmanned, remotely piloted, powered aerial or ground vehicles 49 Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers 5 Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion 1 Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units 6 Weaponized aircraft, vessels, or vehicles ofany kind Battering rams, slugs, and breaching apparatuses that are explosive in nature (items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded) 7 Firearms of .50 caliber or greater (standard issue shotguns are specifically excluded) 1 Ammunition of 50 calibèr ror reater (standà d ssue sh otgun ammu tion is specifically excluc ded) 300 Specialized firearmsand ammanition ofless than 1.50 daliber, including assault weapons as defined in Sections 30510 and 30515 ofthe Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber) 95 Any firearm or firearm accessory that is designed to launch explosive projectiles 0 "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls" (excluding standard, service-issued handheld pepper spray) 157 Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD) 3 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons 62/41104 Any other equipment as determined by a governing body or a state agency to require additional oversight U Military Equipment Attachment B -21 REPORTS -211 PUBLIC COMMENT -213 ADJOURN -214