Agenda, second session — Blythe City Council, January 10, 2023

BLYTHE CITY COUNCIL
Blythe
EETABLISID 1119
AGENDA
JANUARY 10, 2023
6:00 P.M.

Joseph DeConinck, Mayor
Brittany Roberto, City Attorney
MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA Blythe Blythe City Council Meeting
January 10, 2023
6:00pm

CALL TO ORDER

ROLL CALL
Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attomey Roberto
Councilman Reynolds City Treasurer/Finance Director Elms Councilman Halby Chief Building Official Brown
Councilman Burton

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 em 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 Agend equires a 2/3 vote of the City Council (4 of 5 Council Members). If less than 2/3 of the City Council is present, adding an item to the Agend requires a unanimous vote.

REPORT FROM CLOSED SESSION:

PRESENTATION:

1. Recognizing the Palo Verde High School Fall Sports Teams for their Outstanding Athletic Achievements.

CONSENT CALENDAR - (Items 2-10)
or these fams phon to the time of ling on the moored rosie and mile clan by on me The Mile more are de in removed from the Consent Calendar for separate action.

2. Posting of the Agenda.

The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, January 6, 2023.

Approval of the Warrant Register.

Recommendation: Approve 1/10/2023, warrants numbered 10093 through 10110 and 76112 through 76165 in the amount of $461,074.50; 1/10/2023, Utility Billing Refund warrants numbered 76166 through 76169 in the amount of $260.77 and 1/10/2023, warrants numbered 10111 through 10114 and 76170 through 76209 in the amount of $181,010.87.

4. Approval of the Payroll Register.

Recommendation: Approve 1/10/2023, warrants numbered 53383 through 53402 and Direct Deposit warrants numbered 54749 through 54808 in the amount of $261,550.76; 1/10/2023, warrants numbered 53403 through 53419 and Direct Deposit warrants numbered 54809 through 54866 in the amount of.$224,233.43; 1/10/2023, warrants numbered 53420 through 53422 in the amount of $19,682.81 and 1/10/2023, warrants numbered 53423 through 53429 and Direct Deposit warrants numbered 54868 through 54967 in the amount of $69,702.86.

Minutes of the December 13, 2022 City Council Meeting.

Recommendation: Approve the Minutes of the December 13, 2022 Meeting.

6. City of Blythe Permits Issued for the Month of December 2022.

Recommendation: Receive and file this 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 ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, Califomia during normal business hours. In additior uch writinas and documents will be posted on the City's website: www.cityofblythe.ca.gov

7. City of Blythe Fire Department Monthly Activity Report for December 2022.

Recommendation: Receive and file the monthly report.

City of Blythe Police Department Monthly Activity Report for December 2022.

Recommendation: Receive and file the monthly report.

9. Quality of Life Program Activity Report for December 2022.

Recommendation: Receive and file the monthiy report.

10. Investment Report for Second Quarter FY 2022/23.

Recommendation: Accept and file the quarterly Investment Report.

PUBLIC HEARING: (Items 11-12)

11. Class 32 Infill Development Categorical Exemption- KFC Quick Service Restaurant Project.

Recommendation: Subsequent to the Public Hearing, it is recommended Council direct staff to file the Notice of Exemption for a Class 32 Infill Development Categorical Exemption pursuant to CEQA Guideline 15332 for the KFC Quick Service Restaurant Project located at 738 W. Hobsonway with the County Clerk.

12. Class 32 Infill Development Categorical Exemption- Palo Verde Hospital Modular Health Clinic Project.

Recommendation: Subsequent to the Public Hearing, it is recommended Council direct staff to file the Notice of Exemption for a Class 32 Infill Development Categorical Exemption pursuant to CEQA Guideline 15332 for the Palo Verde Hospital Modular Health Clinic Project located at 248 E. Barnard with the County Clerk.

CONTINUED BUSINESS: (Item 13)

13. Emergency Repair at Waste Water Treatment Plant.

Recommendation: Council review the emergency action for the repairs to the collapsed pipes) at the Waste Water Treatment Plant and determine by 4/5 vote there is a need to continue the emergency.

NEW BUSINESS: (Items 14-16)

14. Committee Appointments.

Recommendation: Mayor appoint members of the City Council to the City's standing committees and boards.

15. February's City Council Meeting Schedule.

Recommendation: Council go dark on Tuesday, February 14, 2023 and hold the February City Council Meeting on February 28, 2023.

16. Ordinance No. 920-22 Amending Chapter 5.10 (Commercial Cannabis Activity) of the Blythe Municipal Code.

Recommendation: Council Introduce Ordinance No. 920-22:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 5.10 (COMMERCIAL CANNABIS ACTIVITY OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE BLYTHE MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS ACTIVITY IN THE CITY.

SUCCESSOR AGENCY (Item 17)

17. Minutes of the December 13, 2022 Successor Agency Meeting.

Recommendation: Approve the Minutes of the December 13, 2022 Meeting. ny writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available f ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, Califomia during normal business hours. In additi such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

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 Council/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration.

ADJOURNMENT The next meeting will be held on February 28, 2023 at 6:00 p.m. in the Council Chamber, 235 N. Broadway, Blythe, California.

NOTE TO THE PUBLIC:

In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at [email protected]. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.104 ADA Title II).
ny writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available f ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In additic such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

PRESENTATION
-1

CONSENT

CALENDAR
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vchlist Voucher List Page:
01/05/2023 8:57:01AM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO # Description/Account Amount 10093 12/7/2022 000150 INLAND BUILDERS SUPPLY INC 240521 017847 FINANCE CHARGES 122.03 H92034 017847 PARTS/SUPPLIES 1.734,89
112328 017847 PARTS/SUPPLIES 32.53
113779 017563 PARTS/SUPPLIES 886.20
118812 017337 PARTS/SUPPLIES 7.60
123193 017353 PARTS/SUPPLIES 233.76
130774 017847 PARTS/SUPPLIES 92.17
130854 017847 PARTS/SUPPLIES 233.16
136777 017511 PARTS/SUPPLIES 88.01
141177 017517 PARTS/SUPPLIES 86.99
146204 017540 PARTS/SUPPLIES
146975 017535 PARTS/SUPPLIES
147955 017557 PARTS/SUPPLIES 61.60
148701 017566 UNITED PARCEL CHARGES 12.47
149067 016606 PARTS/SUPPLIES 47.86
149609 017570 PARTS/SUPPLIES 434.99
151969 017578 UNITED PARCEL CHARGES 22.26
152338 017580 UNITED PARCEL CHARGES 26.45
T61931 017544 PARTS/SUPPLIES 3,221.39
T63696 017847 PARTS/SUPPLIES 199.24
T68105 017656 PARTS/SUPPLIES 129.34
017656
Total: 7,877.797
10094 12/7/2022 000247 SOCALGAS 11185732804 017858 NATURAL GAS/PD 10/6-11/4/2022 16.13 Total: 16.13
10095 12/7/2022 000247 SOCALGAS 07632638008 017857 NATURAL GAS/COMMUNITY CENTER 1 54.62 Total: 54.62
10096 12/7/2022 000247 SOCALGAS 06622932165 017856 NATURAL/CITY FACILITIES 10/24-11/23/ 139.66 Total : 139.66
10097 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700240317342 017861 ELECTRICITY/STREET LIGHTING 11/1-1 51.43 Total : 51.43
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01/05/2023 8:57:01AM City of Blythe
Bank code: ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10098 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700475898313 017864 ELECTRICITY/HIDDEN BEACHES 10/24 81.24 Total: 81.24
10099 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700350166610 017863 ELECTRICITY/PTF 10/27-11/28/2022 5,000.95 Total: 5,000.95
10100 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700350079007 017862 ELECTRICITY/WTP 10/27-11/28/2022 5,102.82 Total: 5,102.82
10101 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700466637136 017859 ELECTRICITY/STREET LIGHTING 11/1-1 13,887.93 Total: 13,887.93
10102 12/7/2022 000283 SOUTHERN CALIFORNIA EDISON CO 600001510681 017860 ELECTRICITY/CITY FACILITIES 10/1-10/ 33,212.43 Total: 33,212.43
10103 12/14/2022 005996 DE LAGE LANDEN PUBLIC FINANCE 78006141 017841 CONTRACT 25559071 11/1-11/30/2022 332.30 78306205 017840 CONTRACT 25563258 12/1-12/31/2022 553.94 78308403 017841 CONTRACT 25559071 12/1-12/31/2022 :325.30 Total : 1,211.54
10104 12/23/2022 003439 SHELL 85636314 017854 GASOLINE/PD 11/6-12/6/2022 88.67 Total: 88.67
10105 12/27/2022 005176 SPARKLETTS 9470757 017865 BULK DRINKING WATER/PW 37.99 Total: 37.99
10106 12/27/2022 005176 SPARKLETTS 15381711 017741 BULK DRINKING WATERMWIP 77.12 Total: 77.12
10107 12/27/2022 004501 US BANK CORP 044555649478 017871 CREDIT CARD CHARGES 10/2022 3,932.07 044555649478 017871 CREDIT CARD CHARGES 11/2022 4,835.15 017871
Total : 8,767.22
10108 1/1/2023 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017030665 HEALTH PREMIUMS - ELECTED 1/1-1/3 2,987.60 Total: 2,987.60
10109 1/1/2023 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017030664 HEALTH PREMIUMS - ACTIVE/RETIRED 102,761.06 Page:
vchlist Voucher List Page:
01/05/2023 8:57:01AM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10109 1/1/2023 005923 005923 CALIFORNIA PUBLIC EMPLOYEES' (Continued) Total: 102,761.06 10110 1/1/2023 006924 SUN LIFE FINANCIAL 923380-0002 PREMIUM/FEES 1/1-1/31/2023 6,316.92 Total : 6,316.92
18 Vouchers for bank code : ap-dir Bank total: 187,673.12 Page:
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01/05/2023 8:57:01AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 76112 12/16/2022 008035 CAMARGO, KRYSTAL 10092022 COMMUNITY CENTER DEPOSIT REFUR 150.00 Total: 150.00
76113 12/27/2022 008030 AAG - ALL AMERICAN GASKET 18084 017732 PARTS/SUPPLIES 988.50 Total: 988.50
76114 12/27/2022 002768 AIRWAVE BROADBAND WIRELESS 105869 016660 BUSINESS PHONE SERVICE/PW 1/1/20 86.60 Total : 86.60
76115 12/27/2022 002317 ALERT-ALL CORP 222090728 017828 FIRE SAFETY EDUCATION SUPPLIES 2,697.20 017828
Total: 2,697.20
76116 12/27/2022 007560 AMAZON CAPITAL SERVICES, INC 113Q6X6961GM 017829 PARTS/SUPPLIES [CREDIT RETURNI -186.74 11CXV1CCCM4W 017722 PARTS/SUPPLIES 130.16
134MHM1D4VWQ 017729 PARTS/SUPPLIES ฿ 181.74
13HHRMPDGH6K 017723 PARTS/SUPPLIES 96.27
13K1DLH19JCM 017733 PARTS/SUPPLIES 130.02
14NFNGGF3X4G 017734 PARTS/SUPPLIES 633.86
16LXF7R61G7N 017757 PARTS/SUPPLIES 377.28
193DX3RN4K6H 017736 PARTS/SUPPLIES [CREDIT RETURN] -6.93 19GYQQLFHR4Q 017720 PARTS/SUPPLIES (CREDIT RETURN] -184.86 1CPNH79QDFV1 017661 PARTS/SUPPLIES 33.96
1DJNKFF9NT7K 017724 PARTS/SUPPLIES 55.39
1G6CFDRT4QH6 017829 PARTS/SUPPLIES [CREDIT RETURN] -23.51 1GLQHGNW9JYM 017735 PARTS/SUPPLIES 101.99
1J1431PDN49X 017736 PARTS/SUPPLIES (CREDIT RETURN] -86.12 1L4MVRVM149J 017758 PARTS/SUPPLIES 60.18
1LPJGDKCNF9C 017720 PARTS/SUPPLIES R 184.86
1 MXDTNMQTQPG 017182 PARTS/SUPPLIES 227.84
INFTH3QHTDWJ 017725 PARTS/SUPPLIES_ 54.02
INTDCDYC6WYG 017829 PARTS/SUPPLIES [CREDIT RETURN] -23.51 1PLM7QDKKRT4 017721 PARTS/SUPPLIES_ 184.86
1QQLTJMF1PFF 017726 PARTS/SUPPLIES 43.02
1THKRHH77WKP 017751 PARTS/SUPPLIES 204.82
1VDG1HH9RJT6 017330 PARTS/SUPPLIES 10.09
1WHKQKGN4XCW 017728 PARTS/SUPPLIES 242.89
Page:
vchlist Voucher List Page:
01/05/2023 8:57:01AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 76116 12/2712022 007560 AMAZON CAPITAL SERVICES, INC (Continued) 1X3K1W144RR4 017727 PARTS/SUPPLIES 34.95
1YMJC7NMLYJV PARTS/SUPPLIES 14.09
1YXYXMP7F3WQ 017712 PARTS/SUPPLIES 95.84
Total : 2,586.46
76117 12/27/2022 006873 ARAMARK 5880167588 017737 UNIFORM SERVICE/MATS & TOWELS 288.24 Total : 288.24
76118 12/27/2022 005899 ASAP CHECKS, FORMS & SUPPLIES 221207022 017707 CHECK STOCK - AP/PAYROLL 205.19 Total : 205.19
76119 12/27/2022 007828 BECK OIL, INC 58875CL 017831 DIESEL FUEL 786.90 59240CL 017831 DIESEL FUEL 778.12
59564CL 017831 DIESEL FUEL 606.28
Total: 2,171.30
76120 12/27/2022 008037 BLAZEK, LADDIE B2208-010 PLAN CHECK DEPOSIT 374.69 Total: 374.69
76121 12/27/2022 000564 BLYTHE VOLUNTEER 22924 DONATION - BLYTHE ENERGY, INC 1,000.00 Total: 1,000.00
76122 12/27/2022 000048 BURTRONICS BUSINESS SYSTEMS AR97408 017738 CN10665-01 11/6-12/5/2022 157.63 AR98162 017738 CN10665-01 12/6/2022-1/5/2023 48.83
Total: 206.46
76123 12/27/2022 006595 BUSH'S ALOW 5329 017832 BACKFLOW TESTING & REPAIR SERVI 315.00 Total : 315.00
76124 12/27/2022 005263 CALVARY CHAPEL BLYTHE B2210-035 PLAN CHECK DEPOSIT REFUND 495.54 Total: 495.54
76125 12/27/2022 007396 CELAYA, MARTHA 121022 COMMUNITY CENTER DEPOSIT REFUN 150.00 Total: 150.00
76126 12/27/2022 006368 CHANDRA HOSPITALITY LLC OCT 2022 017820 ECONOMIC DEVELOPMENT INCENTIVE 11,182.50 Page:
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01/05/2023 8:57:01AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76126 12/27/2022 006368 006368 CHANDRA HOSPITALITY LLC (Continued) Total : 11,182.50 76127 12/27/2022 004804 CITY OF BLYTHE 122222 COMMUNITY CENTER DEPOSIT REFUN 100.00 Total : 100.00
76128 12/27/2022 000667 CITY OF BLYTHE:WATER UTILITIES 122222 DELINQUENT UTILITY - COUNTY ASSE: 476.82 NOVIDEC 2022 017833 UTILITY SERVICES/CITY FACILITIES 11, 7,010.14 Total : 7,486.96
76129 12/27/2022 005421 COUNTY OF RIVERSIDE PU0000005558 017834 FUEL - FLEET VEHICLES 11/2022 9,334.97 Total: 9,334.97
76130 12/27/2022 005603 CR&R INCORPORATED 000129699 017835 DISPOSAL SERVICES/CC 12/2022 270.71 Total : 270.71
76131 12/27/2022 001757 DATA TICKET INC 145294 017837 ADMIN CITATION PROCESSING 11/202: 976.00 145882 017837 PARKING CITATION PROCESSING 11/21 100.00
Total : 1,076.00
76132 12/27/2022 003556 DAVID TAUSSIG & ASSOC., INC. 2209053 017838 PROFESSIONAL SERVICES THROUGH 28.58 2211092 017838 PROFESSIONAL SERVICES THROUGH 1,680.24
Total: 1,708.82
76133 12/27/2022 003943 DEZURIK, INC - BIN# 135058 68017398 017714 PARTS/SUPPLIES 14,635.34 68017742 017714 PARTS/SUPPLIES 45,459.68
Total: 60,095.02
76134 12/27/2022 000547 ESGIL, LLC 81046 PLAN CHECK SERVICES 7/2022 4,852.52 81844 PLAN CHECK SERVICES 8/2022 397.00
82675 PLAN CHECK SERVICES 9/2022 755.53
83416 PLAN CHECK SERVICES 10/2022 82.00
Total: 6,087.05
76135 12/27/2022 003222 EVIDENT, INC 205636A 017441 SUPPLIES 202.41 Total: 202.41
76136 12/27/2022 002791 FISHER WIRELESS SERVICES INC 234111 017698 LABOR/INSTALLATION SERVICES 304.62 Page:
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01/05/2023 8:57:01AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 76136 12/27/2022 002791 002791 FISHER WIRELESS SERVICES INC (Continued) Total: 304.62 76137 12/27/2022 007059 FLEETCREW 7157 017713 REPAIR/MAINTENANCE SERVICES 724.91 Total : 724.91
76138 12/27/2022 000150 INLAND BUILDERS SUPPLY INC 166662 017710 UNITED PARCEL CHARGES 13.80 T69491 017739 PARTS/SUPPLIES 98.92
Total : 112.72
76139 12/27/2022 000714 JOHNSON REFRIGERATION INC 220620-005 017848 REPAIR/MAINTENANCE SERVICES 625.00 Total: 625.00
76140 12/27/2022 002150 JONES MAYER 113182 017748 LEGAL SERVICES 11/2022 17,863.33 Total: 17,863.33
76141 12/27/2022 005295 KONICA MINOLTA 9009014839 017849 ACCT 1165535 11/1-11/30/2022 265.69 Total: 265.69
76142 12/27/2022 007132 KORD FIRE PROTECTION KF39679 017850 ANNUAL FIRE EXTINGUISER SERVICE/ 584.44 Total : 584.44
76143 12/27/2022 000168 LIGHT HOUSE OF ARIZONA 89335 017283 PARTS/SUPPLIES 1,078.81 Total: 1,078.81
76144 12/27/2022 008038 MIRANDA, ALEXIA 111922 COMMUNITY CENTER DEPOSIT REFUN 50.00 Total : 50.00
76145 12/27/2022 002871 NELSON, JON KEVIN NOV 2022 017851 INSPECTION SERVICES 11/2022 170.00 Total: 170.00
76146 12/27/2022 003181 NORTHERN SAFETY CO INC 905098799 017695 SAFETY SUPPLIES 227.55 017695
Total: 227.55
76147 12/27/2022 001675 NRO ENGINEERING 11-22-024 017740 PLAN CHECK SERVICES - J COHEN 3,375.00 Total: 3,375.00
76148 12/27/2022 005009 PARKER OIL PRODUCTS, INC 134281 017703 DIESEL FUEL 854.19 Page:
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01/05/2023 8:57:01AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 76148 12/27/2022 005009 005009 PARKER OIL PRODUCTS, INC (Continued) Total : 854.19 76149 12/27/2022 007474 PERMITTECHNATION 00650 017670 2023 MEMBERSHIP RENEWAL - M VAN 25.00 Total: 25.00
76150 12/27/2022 000039 PETTY CASH 121922 017852 PETTY CASH 275.90 Total: 275.90
76151 12/27/2022 001487 PITNEY BOWES BANK, INC 18696948 017853 POSTAGE 10/17-11/30/2022 6,274.77 Total : 6,274.77
76152 12/27/2022 008028 RAIN FOR RENT 1820300 017569 REPAIR/MAINTENANCE SERVICES 24,114.01 1823300 017569 REPAIR/MAINTENANCE SERVICES 12,717.44
Total : 36,831.45
76153 12/27/2022 001790 SIGNS UNLIMITED 3858 017855 DECALS 239.25 Total: 239.25
76154 12/27/2022 000241 SMART & FINAL IRIS CORP 094288 017753 SUPPLIES 45.97 400764971 017718 SUPPLIES 331.77
400765543 017718 SUPPLIES 71.22
400765544 017718 SUPPLIES [CREDIT RETURNI -140.46
945499 017754 SUPPLIES 171.82
Total: 480.32
76155 12/27/2022 007916 SUMMIT FIRE PROTECTION B2201-031 PLAN CHECK DEPOSIT REFUND 384.00 Total: 384.00
76156 12/27/2022 003217 SWRCB ACCOUNTING OFFICE WD-0217497 017742 ANNUAL PERMIT FEES 7/1/22-6/30/23 F. 24,687.00 Total : 24,687.00
76157 12/27/2022 007040 TAILORED CUSTOM PRODUCTS 37 017731 SPORTS PROGRAM SUPPLIES 5,411.40 Total : 5,411.40
76158 12/27/2022 002455 THE COUNSELING TEAM INTERNATIO 83988 017516 PSYCHOLOGICAL ASSESSMENTS 550.00 Total: 550.00
76159 12/27/2022 000350 THOMSON REUTERS/BARCLAYS 847545401 017709 BOOKS/UPDATES - TITLE 19 UPDATES 208.47 Page:
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01/05/2023 8:57:01AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76159 12/27/2022 000350 000350 THOMSON REUTERS/BARCLAYS (Continued) Total: 208.47 76160 12/27/2022 000110 TYLER TECHNOLOGIES INC 045-400348 017868 EDEN SYSTEM MAINT/SUPPORT 1/1/2C 52,649.03 Total: 52,649.03
76161 12/27/2022 001981 US BANK 6709325 017870 BOND ADMINISTRATIVE FEES PFA LEA 5,170.00 Total: 5,170.00
76162 12/27/2022 000991 USA BLUEBOOK 192611 017696 PARTS/SUPPLIES 254.82 198843 017533 PARTS/SUPPLIES 780.03
Total: 1,034.85
76163 12/27/2022 005400 VAN IWAARDEN ASSOCIATES BLY-2022-11 017872 GASB 75 ACTUARIAL VALUATION FY20: 1,900.00 Total : 1,900.00
76164 12/27/2022 000278 WEEKS PRINTING 29584 017705 PRINTING/CUSTOM SERVICES 830.42 29585 017568 PRINTING/CUSTOM SERVICES 250.13
29603 017873 PRINTING/CUSTOM SERVICES 503.51
Total: 1,584.06
76165 12/27/2022 001258 WPCI - WESTERN PATHOLOGY INC 0059650-IN 017730 POLICY UPDATES 200.00 Total : 200.00
54 Vouchers for bank code : union Bank total : 273,401.38 72 Vouchers in this report Total vouchers : 461,074.50
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Voucher Date Vendor Invoice PO# Description/Account Amount

CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10093-10110 and 76112-76165 in the amount of $461,074.50 have been
reviewed for payment by the Director of Finance. I further certify Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10, 2023.

Chist

CHRISTA ELMS

DIRECTOR OF FINANCE
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vchlist Voucher List Page:
01/05/2023 9:36:12AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76166 12/27/2022 008034 GUERRERO, SYLVIA Ref000212713 UB Refund Cst #026165 73.98 Total: 73.98
76167 12/27/2022 008032 MERCHANT, JOHN Ref000212711 UB Refund Cst #023111 94.72 Total: 94.72
76168 12/27/2022 008031 SMOOT, HOWARD Ref000212710 UB Refund Cst #022257 16.91 Total : 16.91
76169 12/27/2022 008033 WOMACK, PHYLLIP Ref000212712 UB Refund Cst #025931 75.16 Total : 75.16
4 Vouchers for bank code : union Bank total : 260.77
4 Vouchers in this report Total vouchers: 260.77

CLAIMS VOUCHER APPROVAL
I hereby certify that the Utility Billing Refund warrants numbered 76166-76169 in the amount of $260.77 have been reviewed for payment by the Director of Finance. I further certify that the Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10, 2023.

Chest Clus

CHRISTA ELMS

DIRECTOR OF FINANCE
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01/05/2023 3:57:39PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10111 1/5/2023 005213 FRONTIER 9091590013 017617 COMMUNICATION/CITY FACILITIES 7,113.70 9091590013 017844 COMMUNICATION/CITY FACILITIES 7,372.28 017844
9091590039 017843 COMMUNICATION/FIRE 12/7/2022-1 428.15 9091590042 017842 CENTRANET ACCESS-SWELLS 1: 2,625.82
Total : 17,539.95
10112 1/5/2023 005213 FRONTIER 5307140010 017846 REPAIR/MAINTENANCE SERVICES 330.00 Total: 330.00
10113 1/5/2023 005213 FRONTIER 7609223545 017845 COMMUNICATIONS/ALARM SYSTEI 109.07 Total: 109.07
10114 1/5/2023 000150 INLAND BUILDERS SUPPLY INC 159165 017645 PARTS/SUPPLIES 374.46 162818 017645 PARTS/SUPPLIES 46.68
163737 017645 PARTS/SUPPLIES 158.91
165019 017671 PARTS/SUPPLIES 55.98
172329 017743 PARTS/SUPPLES 67.38
172338 017744 PARTS/SUPPLIES 27.41
179897 017818 UNITED PARCEL CHARGES 13.70
T70563 017749 PARTS/SUPPLIES 309.81
Total : 1,054.33
4 Vouchers for bank code : ap-dir Bank total : 19,033.35 Page:
vchlist Voucher List Page:
01/05/2023 3:57:39PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76170 1/5/2023 007712 DALE, GARTH 010823 017823 TRAVEL - PER DIEM 1/8-1/13/2023 245.00 010823 017823 TRAVEL - MILEAGE 195.80
017823
Total : 440.80
76171 1/5/2023 007801 ESTACIO, MARIE 010923 017824 TRAVEL - PER DIEM 1/9-1/13/2023 75.00 Total : 75.00
76172 1/10/2023 007105 ANDRADE, MAURICIO 121922 017772 REIMBURSEMENT - SAFETY BOOT: 171.83 Total : 171.83
76173 1/10/2023 006873 ARAMARK 5880172276 017759 UNIFORM SERVICE/MATS & TOWEI 291.74 Total : 291.74
76174 1/10/2023 004977 AUTHORIZED PUMP SYSTEMS INC 11782 017760 PARTS/SUPPLIES 664.02 Total : 664.02
76175 1/10/2023 007074 AXON ENTERPRISE, INC INUS120647 017648 TASERS 5,218.96 Total : 5,218.96
76176 1/10/2023 005289 AYRES SUITES 211666 016931 LODGING - M LEON 1/22-127/2022 537.70 2116667 016931 LODGING - M LEON 1/29-2/3/2023 537.70
Total : 1,075.40
76177 1/10/2023 001937 AZCA DRILLING & PUMP, INC. 16098 017761 REPAIR/MAINTENANCE SERVICES 602.86 Total: 602.86
76178 1/10/2023 000385 BIO-TOX LABORATORIES 43788 017798 LAB SERVICES 11/2022 598.00 Total : 598.00
76179 1/10/2023 000048 BURTRONICS BUSINESS SYSTEMS AR99166 017825 CN10648-01 9/27-12/26/2022 540.04 Total : 540.04
76180 1/10/2023 000227 COUNTY OF RIVERSIDE AN0000002608 017799 ANIMAL SHELTER SERVICES 11/20: 8,063.00 Total : 8,063.00
76181 1/10/2023 005603 CR&R INCORPORATED DEC 2022 017875 FRANCHISE CONTRACT 12/2022 78,447.57 Page:
vchlist Voucher List Page:
01/05/2023 3:57:39PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76181 1/10/2023 005603 005603 CR&R INCORPORATED (Continued) Total : 78,447.57 76182 1/10/2023 005603 CR&R INCORPORATED 000129864 017762 DISPOSAL SERVICES/PW YARD 430.34 Total : 430.34
76183 1/10/2023 000037 CULLIGAN SOFT WATER SERVICE 0642291 016661 WATER SERVICE/WWTP 10/8-11/4(: 90.50 0642557 016661 WATER SERVICE/WWTP 12/2-12/3C 90.50
0642722 016661 WATER SERVICE/WTP 12/30/22-1 90.50
642425 017836 WATER SERVICE/BFD 11/5-12/2/202 7.25
642427 016661 WATER SERVICENVWTP 11/5-12/21: 90.50
642610,642555 017836 WATER SERVICE/BFD 12/2-12/30/20 69.00 642765,642611 016661 WATER SERVICE/WWTP 6.28
Total : 444.53
76184 1/10/2023 000156 CYLE JOHNSON ELECTRIC INC 55315 017763 REPAIR SERVICES/SUPPLIES 215.72 55316 017763 REPAIR SERVICES/SUPPLIES 2,528.20
Total : 2,743.92
76185 1/10/2023 000084 D & LAUTO PARTS INC 8681-196686 017764 PARTS/SUPPLIES 0.00 8681-197425 017773 PARTS/SUPPLIES 52.59
Total : 52.59
76186 1/10/2023 007856 D&H WATER SYSTEMS 12022-1641 017651 PARTS/SUPPLIES 2,582.57 Total : 2,582.57
76187 1/10/2023 005996 DE LAGE LANDEN PUBLIC FINANCE 78364702 017839 CONTRACT 25340910 12/15/2022-1/ 215.81 Total : 215.81
76188 1/10/2023 002173 DEPARTMENT OF JUSTICE 625814 017800 BLOOD ALCOHOL ANALYSIS 11/202 35.00 Total : 35.00
76189 1/10/2023 003943 DEZURIK, INC - BIN# 135058 68017918 017714 PARTS/SUPPLIES 19,081.28 Total : 19,081.28
76190 1/10/2023 007820 DUENAZ, SANDRA 121722 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
76191 1/10/2023 006178 FOLEY, STEVEN 120922 017765 REIMBURSEMENT - SAFETY BOOT: 200.00 Page:
vchlist Voucher List Page:
01/05/2023 3:57:39PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 76191 1/10/2023 006178 006178 FOLEY, STEVEN (Continued) Total: 200.00 76192 1/10/2023 005978 FULTON DISTRIBUTING - SO CAL 590001 017766 JANITORIAL SUPPLIES 659.58 Total : 659.58
76193 1/10/2023 000644 GOSERCO, INC 11946 017801 MAINTENANCE 1/1/2023-6/30/2023 1,794.34 Total : 1,794.34
76194 1/10/2023 000869 GRAINGER 8529396021 017767 PARTS/SUPPLIES 13.66 9528447288 017768 PARTS/SUPPLIES 108.18
9530747667 017768 PARTS/SUPPLIES 347.58
9542501565 017879 PARTS/SUPPLIES 10.02
Total : 479.44
76195 1/10/2023 007132 KORD FIRE PROTECTION KF39621 017774 FIRE EXTINGUSHER SERVICEMPT 429.86 KF39680 017774 FIRE EXTINGUSHER SERVICENW
KF39681 017774 FIRE EXTINGUSHER SERVICE/PW
KF39682 017774 FIRE EXTINGUSHER SERVICE/PD 129.88
KF39683 017774 FIRE EXTINGUSHER SERVICE/REC
KF39684 017774 FIRE EXTINGUSHER SERVICE/CH
Total : 1,653.56
76196 1/10/2023 008011 LEE WRIGHT CONSTRUCTION INC 506 017769 REPAIR/MAINTENANCE SERVICES 2,300.00 Total : 2,300.00
76197 1/10/2023 003006 NAVARRO, ALEJANDRO 121922 017882 REIMBURSEMENT - SAFETY BOOT: 192.49 Total : 192.49
76198 1/10/2023 003093 NCL OF WISCONSIN, INC 477230 016900 PARTS/SUPPLIES 3,198.04 Total : 3,198.04
76199 1/10/2023 000039 PETTY CASH 122722 HOMELESS OUTREACH FUND 775.67 Total: 775.67
76200 1/10/2023 004525 PRECISION ELECTRIC CO INC 0104463-IN 017883 REPAIR/MAINTENANCE SERVICES 2,400.00 Total: 2,400.00
76201 1/10/2023 000213 QUILL CORPORATION 29324269 017649 SUPPLIES 123.87 Page:
vchlist Voucher List Page:
01/05/2023 3:57:39PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 76201 1/10/2023 000213 QUILL CORPORATION (Continued)
29486468 017708 SUPPLIES 331.62
Total : 455.49
76202 1/10/2023 003606 RODRIGUEZ, GUSTAVO 108 016805 WATER TREATMENT SERVICES 12/ 1,825.00 Total: 1,825.00
76203 1/10/2023 003217 SWRCB ACCOUNTING OFFICE WD-0217591 017775 ANNUAL PERMIT FEE 7/1/22-6/30/2: 3,453.00 Total : 3,453.00
76204 1/10/2023 004721 TEAMTALK NETWORK 079476 017803 RADIO COMMUNICATIONS/PD 2/20: 1,741.64 079480 017867 RADIO COMMUNICATIONS/BFD 2/2: 697.68
Total : 2,439.32
76205 1/10/2023 002783 THATCHER COMPANY 2022400109613 017908 CHEMICALS 15,003.69 Total : 15,003.69
76206 1/10/2023 000266 UNDERGROUND SERVICE ALERT/SC 1120220064 017869 DIG ALERT TICKETS 11/2022 178.00 22-2301689 017869 CALIFORNIA STATE FEE FOR REGI 33.03
Total : 211.03
76207 1/10/2023 000991 USA BLUEBOOK 202874 017770 PARTS/SUPPLIES 147.02 204278 017771 PARTS/SUPPLIES 73.60
Total : 220.62
76208 1/10/2023 008039 WALSH, KENT 122322 017890 REIMBURSEMENT - SAFETY BOOT: 175.99 Total : 175.99
76209 1/10/2023 005011 WILLDAN FINANCIAL SERVICES 010-53327 016799 WATER/SEWER RATE STUDY 2,615.00 Total: 2,615.00
40 Vouchers for bank code: union Bank total: 161,977.52 44 Vouchers in this report Total vouchers : 181,010.87
Page:
vchlist Voucher List Page:
01/05/2023 3:57:21PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount

CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10111-10114 and 76170-76209 in the amount of $181,010.87 have been
reviewed for payment by the Director of Finance. I further certity Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10, 2023.

Cheist Clus

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:

CITY OF BLYTHE

PAYROLL LISTING
Pay period 11/25/2022 to 12/08/2022
Payday 12/16/2022
I hereby certify that payroll warrants numbered 53383 to 53402, and direct deposits warrants numbered 54749 to 54808 in the amount of $261,550.76 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10th, 2023.

Chist Clus
Director of Finance
-20-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 12/09/2022 to 12/22/2022
Payday 12/29/2022
I hereby certify that payroll warrants numbered 53403 to 53419, and direct deposits warrants numbered 54809 to 54866 in the amount of $224,233.43 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10th, 2023.

Quest Elus
Director of Finance
-21-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 12/23/2022 to 12/28/2022
Payday 12/28/2022
I hereby certify that payroll warrants numbered 53420 to 53422, and direct deposits warrants numbered 54867 in the amount of $19,682.81 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10t, 2023.

Chist Elus
Director of Finance
-22-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 12/01/2022 to 12/31/2022
Payday 01/05/2023
I hereby certify that payroll warrants numbered 53423 to 53429, and direct deposits warrants numbered 54868 to 54967 in the amount of $69,702.86 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of January 10t, 2023.

Chista Clus
Director of Finance
-23-
Minutes of the Blythe City Council Meeting
December 13, 2022
The December 13, 2022 meeting of the Blythe City Council was called to order at 6:00pm in the Council Chambers by Mayor Reynolds. Also in attendance were Vice Mayor DeConinck and Council Members Rodriguez, Halby and Burton. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, City Treasurer and Finance Director Christa Elms, Chief Building Official Brown, Fire Chief Hasler and Police Chief Dale.

The Pledge of Allegiance was led by Mayor Reynolds.

The Invocation was offered by Councilman Burton.

REPORT FROM CLOSED SESSION:

City Attorney Roberto stated there is no reportable action.

CERTIFICATE OF ELECTION:

Certification of Election Results. Interim City Manager Crecelius stated the results of the City of Blythe's November 8, 2022 General Municipal Election have been certified by the County Registrar of Voters. Pursuant to California Elections Code section 10263, the City Council is required to adopt a resolution reciting the facts of the election and the other matters that are enumerated in California Elections Code section 10264. Therefore, it is recommended that Council adopt Resolution No. 2022-039 reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as outlined in California Elections Code section 10264. As detailed in the results, Joseph "Joey" DeConinck, Johnny Z.

Rodriguez and Joseph Halby III were elected as Members of the City Council, Mallory Crecelius was elected to the Office of City Clerk, and Christa Elms was elected to the Office of City Treasurer. Each officer was elected for a full term of four years.

No public comment. Councilman Burton moved approval of staff's recommendation. The motion was seconded by Councilman Rodriguez with a unanimous aye vote.

RESOLUTION NO. 2022-039. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

Administration of the Oath of Office. Mayor Reynolds administered the Oath of Office to City Clerk Elect Mallory Crecelius.

City Clerk Crecelius administered the Oath of Office to Councilman Elect Joseph "Joey" DeConinck, Johnny Z. Rodriguez, Joseph Halby II and City Treasurer Elect Christa Elms.

The new Blythe City Council was seated.

City Council Reorganization. City Clerk Crecelius stated as there has been a re- organization of the City Council, the City Council has an opportunity to elect members to serve in the offices of Mayor and Vice Mayor. I will conduct the nominations for the Office of Mayor. I -24-
will take nominations, a second and a roll all vote of all councilmembers. Once there is a majority vote, that person will be the Mayor for this term of the City Council. The floor was opened for nominations.

Councilman Halby nominated Joey DeConinck for the Office of Mayor. The nomination was seconded by Councilman Burton with aye votes from Rodriguez, Burton, Reynolds, Halby and DeConinck.

Mayor DeConinck opened nominations for the Office of Vice Mayor. Councilman Burton nominated Johnny Rodriguez for the Office of Vice Mayor. The nomination was seconded by Councilman Reynolds with aye votes from DeConinck, Halby, Reynolds, Burton and Rodriguez.

CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. If any item requires individual consideration, it will be removed from the consent calendar and acted upon separately.

4. Posting of the Agenda.

5. Approval of the Warrant Register.

Recommendation: Approve 12/13/2022, warrants numbered 10079 through 10090 and 75968 through 76041 in the amount of $3,277,820.54; 12/13/2022, Utility Billing Refund warrants numbered 76042 through 76054 in the amount of $640.95 and 12/13/2022, warrants numbered 10091 through 10092 and 76057 through 76111 in the amount of $193,633.70.

6. Approval of the Payroll Repister.

Recommendation: Approve 12/13/2022, warrants numbered 53294 through 53312 and Direct Deposit warrants numbered 54527 through 54586 in the amount of $254,770.77; 12/13/2022, warrants numbered 53313 through 53326 in the amount of $25,546.93; 12/13/2022, warrants numbered 53327 through 53328 in the amount of $233.59; 12/13/2022, warrants numbered 53329 through 53348 and Direct Deposit warrants numbered 54587 through 54647 in the amount of $266,136.01; 12/13/2022, warrants numbered 53349 through 53353 and Direct Deposit warrants numbered 54648 through 54748 in the amount of $66,380.80; 12/13/2022, warrants numbered 53354 through 53355 in the amount of $5,987.12 and 12/13/2022, warrants numbered 53356 through 53382 in the amount of $138,016.16

7. Minutes of the November 8, 2022 City Council Meeting.

Recommendation: Approve the Minutes of the November 8, 2022 Meeting.

8. Minutes of the November 28, 2022 Special City Council Meeting.

Recommendation: Approve the Minutes of the November 28, 2022 Special Meeting.

City of Blythe Permits Issued for the Month of November 2022.

Recommendation: Receive and file this monthly report.

10. City of Blythe Fire Department Monthly Activity Report for November 2022.

Recommendation: Receive and file the monthly report.

11. City of Blythe Police Department Monthly Activity Report for November 2022.

Recommendation: Receive and file the monthly report.

12. Quality of Life Program Activity Report for November 2022.

Recommendation: Receive and file the monthly report.

13. Community Facilities District No. 2004-1 Annual Report.

Recommendation: Receive and file the annual report.

14. EY 2021/22 General Fund Reserve Policy Update.

Recommendation: Receive and file the annual report.
-25-

15. Surplus Equipment- Blythe Police Department.

Recommendation: Deem the listed items as surplus property and authorize staff to trade in the Items to Ace Hardware, Blythe for store credit.

16. Purchase of Animal Control Vehicle.

Recommendation: Approve the purchase of an Animal Control Vehicle from National Auto Fleet Group in an amount not to exceed $136,405.20 for the vehicle and equipment.

17. Request to Waive Fees- Joe Wine Blythe Recreation Center.

Recommendation: Waive the youth daily admission fee for an event on December 21, 2022.

18. Destruction of Certain Financial Records and documents for FY 2016/17.

Recommendation: Adopt Resolution No. 2022-034:

RESOLUTION NO. 2022-034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA

AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZED BY THE CALIFORNIA GOVERNMENT CODE.

19. Adoption of 2022 California Building Codes.

Recommendation: Adopt Ordinance No. 919-22.

ORDINANCE NO, 919-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION AND SECTION 17.52.020 (PERFORMANCE STANDARDS) OF CHAPTER 17.52 (FUEL DISPENSING AND STORAGE) OF TITLE 17 (ZONING CODE) OF THE BLYTHE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE,

WITH LOCAL AMENDMENTS
No public comment. Councilman Reynolds moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.

PUBLIC HEARING:

Conditional Use Permit (CUP)- Palo Verde College. Interim City Manager Crecelius stated Palo Verde College proposes to construct and operate a Child Development Center that will be part of the college. The project site consists of two parcels totaling 30,000 sq ft located at 141 S. Second Street in Blythe. The preschool building will total 8,912 sq ft along with adjacent playground, parking lot and landscaping. The project site is level with little vegetation and is vacant at present except for the remnant of a building previously used by the local freemasons.

Surrounding land uses include a variety of commercial and residential uses. The parcels are designated in the City's General Plan and zoning as General Commercial and Medium to Low Density Residential, both of which allow for a preschool/childcare center with a conditional use permit. As the Lead Agency under CEQA, the City has undertaken preliminary review and determined that the proposed development qualifies for a Class 32 Infill Development Categorical Exemption from the provisions of CEQA pursuant to CEQA guidelines section 15332. The Categorial Exemption report describes the proposed project and assesses each of the criterial required to qualify for the class 32 categorical exemption. Before final approval of a Conditional Use Permit, Council must make the following findings: That the proposed location of the Conditional use is in accord with the objectives of this title and the purpose of the zone in which the site is located; that the proposed location in which the conditional use and the oproposad tocation in f conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and a Conditional Use Permit issued under the terms of Blythe Municipal Code Title 17.68 shall lapse if no improvements to the real estate concerned have been made, and the holder of the permit shall not have utilized it within one year from the date upon which such permit shall have been granted. Therefore, it is recommended, subsequent to the Public Hearing, Council adopt Resolution No. 2022-037 approving the Notice of Exemption prepared for Conditional Use -26-
Permit 2210-001 and direct staff to file the Notice of Exemption with the County Clerk; and adopt Resolution No. 2022-038 approving Conditional Use Permit 2210-001, with conditions.

No public comment. Vice Mayor Rodriguez moved adoption of the Resolutions. The motion was seconded Councilman Burton with a unanimous aye vote.

RESOLUTION NO. 2022-037. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION FOR CONDITIONAL USE PERMIT 2210- 001.

RESOLUTION NO. 2022-038. 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING CONDITIONAL USE PERMIT 2210-001 TO ALLOW

THE USE OF A CHILD DEVELOPMENT CENTER ON PARCELS DESIGNATED AS R-M-L (MEDIUM TO LOW DENSITY RESIDENTIAL) AND C-G (GENERAL COMMERCIAL).

CONTINUED BUSINESS:

Emergency Repair at the Waste Water Treatment Plant. Interim City Manager Crecelius stated it is recommended Council review the emergency action for the repairs to the collapsed pipe at the Waste Water Treatment Plant. It is further recommended Council, by a 4/5 vote, determine there is a need to continue the emergency repairs. Since the last meeting, Rove Engineering has inserted the necessary plugs and excavated the site. Wastewater Treatment Plant staff has determined the best course of action which entails removing the existing bypass and installing a new C900 pipe to replace the existing metal pipe. Three new values have been ordered and will be inserted and a connection point coated. Chief Wastewater Treatment Plant Operator Tom Ecret is here to further discuss the necessary repairs and answer any questions you may have about the emergency repair.

No public comment. Councilman Reynolds moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.

NEW BUSINESS:

Rejection of Bids- Golf Course Water Supply Line Project. Mayor DeConinck excused himself due to a potential conflict of interest.

Interim City Manager Crecelius stated The Golf Course Water Supply Line Project consists of replacing 1,000 feet of leaking pipe to bring irrigation water from A Canal to the holding pond on Hole No. On October 20" the City Council directed staff to release a notice inviting bids for the project. After the bid opening on November 29, 2022, staff noticed irregularities in the bids received. Staff believes rejecting all bids, reviewing project documents and re-advertising the project will result in more competitive bids for the City. Pursuant to the Public Contract Code and the Blythe Municipal Code, it is within Council's discretion to reject any and all bids received and provide direction to staff on future action, which may include abandoning the project, re-advertising for bids, or, by passage of a resolution by four-fifths (4/5) vote of the Council, declaring the project can be performed more economically by City employees and having the work performed by force account. Staff is recommending that Council reject all bids and direct staff to re-advertise the project. Once Council has rejected the bids, staff will prepare new bid documents, which will be distributed in accordance with the requirements of the Public Contract Code and Blythe Municipal Code and to all contractors who routinely work on street related projects in the City. After the new bids are received and reviewed, staff will report to -27-
Council and ask for direction/award of the contract for this project. Staff anticipates doing so in late January.

No public comment. Councilman Burton moved approval of staff's recommendation. The motion was seconded by Councilman Reynolds with a unanimous aye vote.

Mayor DeConinck rejoined the meeting.

Proposed Changes to Water, Sewer and Wastewater Rates. Finance Director Elms stated on May 10, 2022 the City Council approved an agreement with Willdan Financial Services to conduct a comprehensive water and sewer utility rate study. Since that time staff has worked with Willdan analyzing revenue sources and expenditures in both the sewer and water utilities in an effort to develop rates that meet the financial, operational and capital needs of providing the service. Willdan has concluded their analysis and Chris Fisher is here to present the findings.

Chris Fisher, Director and Vice President of Financial Consulting Services stated the purpose of any rate study is to develop a financial plan for full cost recovery of utility expenditures. Based on that cost analysis, develop a cost-based rate structure. In California, rates are based on the cost to provide the service. The rates should also be equitable between the different customer classes and within the customer classes. The results should be based on a five-year financial plan that supports the five-year rates and should be compliant with Prop 218. We compare the revenue requirement with the revenue generated from existing rates. To the extent there is a difference, we make recommendations to meet that revenue requirement. Factors during the final plan include the environment. Costs have gone up. There are also several significant capital improvement projects in both the water and sewer utilities incorporated in the CAP. Three of which is water and sewer main line replacements and a reservoir replacement. The process of developing rates includes three questions: how much revenue do we need, which customers are incurring the cost that make up the review the requirements and what do the rates need to be to generate the accurate revenue to operate the utility. To determine the revenue requirements, we conduct a revenue sufficiency analysis. This is the five-year financial plan. The cost-of-service analysis is the next step to determine which customers are generating the costs and allocate those costs out so that customers are paying their fair share. The third step in rate design is based on cost analysis. Rates are what the customers pay, revenue is what is generated from customer rates. Rates are different for different categories and customers. For the base year the water revenue requirement is $3.4 million. That is the amount of revenue we need in the base year to meet its financial obligations. The net revenue requirement for the sewer utility is $3.4 million for a total of $6.8 million. In Blythe, sewer charges are made up of two components, the sewer charge and the waste water charge. The sewer charge is for the collection and conveyance of waste water. The waste water charge is for the treatment of that waste water. Adjustments to the rates would be much less if it was only to cover operations and maintenance and factored out capital improvements. Most of the cost increases are a result of capital projects. We are recommending setting a Public Hearing date for February 28, 2023. Per Prop 218, you must mail a notice to all customers informing them of the proposed rate increases and date of the public hearing 45 days prior to the meeting. Those notices will need to be sent out by January 11".

Customer and property owners may submit a written protest anytime during that comment period and up to the hearing on February 28th '. Assuming there is not a majority opposed to the rates, Council may consider adopting and implementing the rates. If there is a majority protest, the -28-
proceeding ends, and no action may be taken. Should the rates be adopted, they would take effect on March 1, 2023.

Mayor DeConinck stated about a month ago the Council held a Study Session to discuss this.

The public was welcome to come. This was not started right now; it was started over a month ago. We have been looking at it and trying to come up with the best solution.

Finance Director Elms stated it is recommended Council adopt Resolution No. 2022-040 declaring its intention to adopt increased water, sewer, and waste water rates as described in Exhibit A of the Resolution, setting a Public Hearing for February 28, 2023 at 6pm at the Council Chambers at City Hall to hear any protests and directing staff to notice such hearing in accordance with Prop 218.

No public comment. Councilman Burton moved to adopt Resolution No. 2022-040 setting a public hearing for February 28, 2023. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.

RESOLUTION NO. 2022-040. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

DECLARING ITS INTENTION TO ADOPT INCREASED WATER, SEWER AND WASTEWATER RATES, SETTING A PUBLIC HEARING FOR FEBRUARY 28, 2023, AND DIRECTING STAFF TO PROVIDE NOTICE IN ACCORDANCE WITH PROPOSITION 218.

ORAL REPORTS:

Councilman Reynolds reported on the Christmas Parade and thanked Finn Motors for providing vehicles for myself and Mayor DeConinck to participate in the parade. The second annual Winterfest went very well.

Vice Mayor Rodriguez thanked Dale Reynolds for being our Mayor for the past five years. You were hit with the pandemic, which nobody saw coming. You did a fantastic job in getting help here and being available to the public. I am looking forward to working with you these next few years.

Councilman Reynolds stated it has been an honor and a pleasure to work with these gentlemen and look forward to working with them in the future. Staff, I can't say enough about how you go above and beyond. Thank you to everyone for your dedication to this community.

Councilman Burton gave a shout out ot the Palo Verde Yellow Jackets.

Councilman Halby thanked the public for trusting in me and giving me another four years. I want to thank Dale for his contributions as Mayor. We look forward to seeing Joey back in the spot and everything is wheels up. We are working hard and let's keep a good positive attitude and keep going.

Mayor DeConinck stated this past month has been busy, we also had the Christmas Tree lighting.

The tree was donated by CWA. All of this happens with volunteers. Dale, you did a great job as Mayor. There is a lot to it. We will be going through some challenges and hopefully we can work -29-
it out. I want to thank the voters for your support. We do the best job we can and will do the best job.

Councilman Halby stated we all know of the announcement of Chuckawalla's closure and want everyone to know we are working on a plan. We are putting allies together and are building an argument. We are not going to sit back and let this happen.

Glenna Peoples of 300 N. Palm asked for an open session related to the closure of CVSP. She also asked for transparency on the water bill and the projects included in the rate study. Once the infrastructure is in place, will our bills be lowered?
Debra Powels reported on an issue she is having with her pipes, sand coming into her water heater and sewer gasses in her home. We have exhausted every avenue and asked Council to investigate the issue.

Tom Ecret, Chief Waste Water Treatment Plant Operator provided more information on the Emergency Repairs taking place at the Waste Water Treatment Plant.

PUBLIC COMMENT: None
ADJOURN: The City Council meeting was adjourned at 7:21pm.

Dale Reynolds, Mayor
ATTEST:

Mallory Crecelius, City Clerk
-30-
1/5/2023 City of Blythe Page 1
1:51:23PM PERMITS ISSUED
For the Period 12/1/2022 thru 12/31/2022
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2210-019 ELEC 410 NORTH EIGHTH STREET BRYAN L BUNCH 22,156.00 359.88 359.88 12/13/2022 SOLAR 851022029 AMECO SOLAR LIC
902372022 FINALED Permit Name ROOF MOUNT SOLAR
B2211-023 ELEC 2285 SPARKLING LAGOON WILLIAM R & TONIA GRUBBS 22,824.00 387.97 387.97 12/1/2022 SOLAR 824212005 FREEDOM FOREVER LLC
11/30/2022 ISSUED Permit Name ROOF MOUNT SOLAR
B2208-043 ELEC 951 VISTA SUNRISE STREET ABRAHAM SANDOVAL 31,662.00 393.32 393.32 12/2/2022 SOLAR 869372003 SUNLOGIX ENERGY INC
3/79/2022 ISSUED Permit Name ROOF SOLAR
B2211-021 ELEC 801 LAWRENCE AVENUE ATKINSON & GONZALEZ 25,000.00 375.50 375.50 12/1/2022 SOLAR 842211005 FREEDOM FOREVER LLC
1/322022 ISSUED Permit Name ROOF MOUNT SOLAR
B2212-010 ELEC 620 NORTH TENTH STREET DIANE N MARTINDALE 15,200.00 388.98 388.98 12/16/2022 SOLAR 857064019 BRIGHT PLANET SOLAR INC
127122222 ISSUED Permit Name SOLAR & SUBPANEL
B2212-009 ELEC 2219 COOL WATERS JOSE & STELLA HUANTE 16,800.00 368.63 368.63 12/16/2022 SOLAR 824214005 BRIGHT PLANET SOLAR INC
12742322 ISSUED Permit Name SOLAR & UPGRADE
B2211-035 ELEC 260 OASIS STREET TERRY A WAKEFIELD 33,177.00 467.31 467.31 12/12/2022 842162004 RENOVA ENERGY CORP
127323022 ISSUED Permit Name ROOF SOLAR & UPGRADE
Total for: ELEC 166,819.00 2,741.59 2,741.59
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2209-019 EXCAV 291 COTTONWOOD LANE CITY OF BLYTHE 0.00 604.00 604.00 12/2/2022 THE GAS COMPANY
3/2/2022 ISSUED Permit Name NOT #2042074096
B2209-018 EXCAV 631 EAST BARNARD & N 5TH: CITY OF BLYTHE 0.00 604.00 604.00 12/2/2022 THE GAS COMPANY
9/222022 ISSUED Permit Name
B2209-017 EXCAV 419 NORTH SOLANO AVENUE CITY OF BLYTHE 0.00 604.00 604.00 12/2/2022 THE GAS COMPANY
3/22/2022 ISSUED Permit Name NOT #2042167032
B2210-006 EXCAV RIGHT OF WAYS (SEE CUT SHI CITY OF BLYTHE 0.00 372.00 372.00 12/2/2022 THE GAS COMPANY
10/1/2022 ISSUED Permit Name OCTOBER BLANKET
B2209-002 EXCAV RIGHT OF WAYS (SEE CUT SHI CITY OF BLYTHE 0.00 372.00 372.00 12/2/2022 THE GAS COMPANY
216/2022 ISSUED Permit Name SEPTEMBER BLANKET
B2209-014 EXCAV SW Corner Chanslor & Solana CITY OF BLYTHE 0.00 604.00 604.00 12/2/2022 THE GAS COMPANY
9/12/2022 ISSUED Permit Name NOT #2042166977
9/22/2022
PERM133
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1/5/2023 City of Blythe Page 2
1:51:23PM PERMITS ISSUED
For the Period 12/1/2022 thru 12/31/2022
Total for: EXCAV 0.00 3,160.00 3,160.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2212-032 MECH 1001 EAST BARNARD STREET ERNEST & BETTY MILLER 5,600.00 145.00 145.00 12/22/2022 851032036 GLENN JOHNSON COOLING &
127212022 ISSUED Permit Name
B2212-016 MECH 301 NORTH TENTH STREET BOBBIE INCON 3,000.00 145.00 145.00 12/16/2022 851032017 JOHN HARRISON CONTRACTI
12/162022 ISSUED Permit Name Replace 4 ton split system Total for: MECH 8,600.00 290.00 290.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2212-008 OTHER 542 EAST BARNARD STREET MARGARET HOCKETT 12,000.00 688.19 688.19 12/12/2022 845161024 OWNER
12/9/2022 ISSUED Permit Name INTERIOR REPAIRS
B2210-035 OTHER 145 NORTH SPRING STREET CALVARY CHAPEL BLYTHE 350,000.00 6,931.69 6,931.69 12/14/2022 845132013 FOREMOST BUILDERS INC
12/122022 ISSUED Permit Name REPAIR OF FIRE DAMAGE
B2211-017 OTHER 214 WEST HOBSONWAY RAFAEL & MAYRA ROBLES 12,000.00 1,000.54 1,000.54 12/16/2022 848042008 OWNER
12/12/2022 ISSUED Permit Name Tenant Improvement & Signage Total for: OTHER 374,000.00 8,620.42 8,620.42
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2211-040 PLUMB 200 NORTH PALM DRIVE BLD 200 N PALM DRIVE 10,270.00 36.00 36.00 12/8/2022 WATER HEATER 845111014 CRECELIUS INC
HA7/2022 ISSUED Permit Name WATER HEATER
B2211-011 PLUMB 1055 COCONINO DRIVE JOSEPH & JACQUE DECONINC 991.00 36.00 36.00 12/8/2022 WATER HEATER 839033013 CRECELIUS INC
117/2022 FINALED Permit Name WATER HEATER
B2211-037 PLUMB 449 EAST AVENUE A DONALD RAWLINS 991.00 36.00 36.00 12/8/2022 WATER HEATER 845163017 CRECELIUS INC
11/14/2022 ISSUED Permit Name WATER HEATER
B2211-039 PLUMB 200 NORTH PALM DRIVE BLD 200 N PALM DRIVE 10,270.00 36.00 36.00 12/8/2022 WATER HEATER 845111014 CRECELIUS INC
111772022 ISSUED Permit Name WATER HEATER
B2211-041 PLUMB 165 SHADED PALM JACK & BARBARA HENDERSC 991.00 36.00 36.00 12/8/2022 WATER HEATER 824214010 CRECELIUS INC
112302022 ISSUED Permit Name WATER HEATER
B2211-042 PLUMB 450 WEST BARNARD STREET HARBOUR VIEW LLC 7,440.00 36.00 36.00 12/8/2022 WATER HEATER 845111016 CRECELIUS INC
111292022 ISSUED Permit Name WATER HEATER
PERM133
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1/5/2023 City of Blythe Page 3
1:51:23PM PERMITS ISSUED
For the Period 12/1/2022 thru 12/31/2022
B2212-014 PLUMB 1064 CATALINA DRIVE JULIA NIXON 1,500.00 36.00 36.00 12/13/2022 WATER HEATER 839033026 OWNER
12/13/2022 ISSUED Permit Name WATER HEATER
B2211-038 PLUMB 404 NORTH FIFTH STREET POWELL & GADBERRY 991.00 36.00 36.00 12/8/2022 WATER HEATER 845092020 CRECELIUS INC
H14/2022 ISSUED Permit Name WATER HEATER
Total for: PLUMB 33,444.00 288.00 288.00
Permit No/Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2212-002 RERF 147 NORTH SEVENTH STREET GEORGIA GALE NELSON 30,000.00 552.75 552.75 12/7/2022 842080005 BAZUA ROOFFING
12/72022 FINALED Permit Name ROOF OVER MAIN HOUSE
B2212-023 RERF 2088 EAST HOBSONWAY DAVID POSNER 15,000.00 315.86 315.86 12/19/2022 TEAR OFF 857180017 OWNER
12/16/23022 ISSUED Permit Name TEAR OFF & OVER EXISTING B2212-027 RERF 1001 EAST BARNARD STREET ERNEST & BETTY MILLER 12,000.00 261.29 261.29 12/21/2022 TEAR OFF 851032036 OWNER
12/212022 ISSUED Permit Name TEAR OFF, 2600 sq fl
Total for: RERF 57,000.00 1,129.90 1,129.90
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2211-002 RIVCOUNTY 9130 NORTH INTAKE BOULEV, EFREN & REYNALDO ORTIZ 20,000.00 880.41 880.41 12/5/2022 830240002 OWNER
1222/2222 ISSUED Permit Name Storage Shed
Total for: RIVCOUNTY 20,000.00 880.41 880.41
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2210-024 SIGN 700 WEST RICE STREET PFFC OF BLYTHE INC 4,900.00 370.97 370.97 12/7/2022 848031032 EAGLE SIGNS INC
969202222 FINALED Permit Name
B2211-025 SIGN 1415 WEST HOBSONWAY CLINICAS DE SALUD DEL PUE 6,000.00 402.22 402.22 12/13/2022 836180044 SIGN MASTERS
1/22/2022 ISSUED Permit Name
12/5/2022
Total for: SIGN 10,900.00 773.19 773.19
32 Permits Issued from 12/1/2022 Thru 12/31/2022 Total Valuation: $670,763.00 Total Fees: $17,883.51
Total Fees Paid: $17,883.51
PERM133
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1/5/2023 City of Blythe Page 1
1:53:09PM Permits Applications Received
For the Period 12/1/2022 thru 12/31/2022
Permit No. Applied Type Subtype Status Site Address/Parcel No. ApplicantOwner/Contractor BP2212-001 12/2/2022 BURNPERMIT FINALED • 1000 BLOCK OF WEST BARNARD ST LUIS ALBERTO PANTAGUA Permit Name 836080002 CALIFORNIA BEST HOMES INC
Description:

BP2212-002 12/5/2022 BURNPERMIT FINALED 2100 BLOCK EAST HOBSONWAY MIGUEL MILKE Permit Name 857160024 DANIEL & SHELLEY NASCA
Description:
2 Permit Applications from 12/1/2022 Thru 12/31/2022
1/5/2023 City of Blythe Page 1
1:53:40PM Permits Applications Received
For the Period 12/1/2022 thru 12/31/2022
Permit No. Applied Type Subtype Status Site Address/Parcel No. Applicant/Owner/Contractor L2212-001 12/16/2022 BUSINESSLICENS APPLIED 295 NORTH LOVEKIN BOULEVARD BLYTHE MINI MARKET Permit Name 836090024 MCCALLIE & LOYD
Description:

L2212-002 12/22/2022 BUSINESSLICENS APPLIED 200 NORTH PALM DRIVE CRISTAL Permit Name 845111014 200 N PALM DRIVE
Description:
2 Permit Applications from 12/1/2022 Thru 12/31/2022
1/5/2023 City of Blythe
2:07:05PM Cases Opened (By Type)
For the Period 12/1/2022 thru 12/31/2022
Type of Case Number opened
BLDG 3
DUMPING 1
WEED 1
ZONING
Total Cases Opened: 6
Cases closed 7
Current Cases 518
-34-
1/5/2023
City of Blythe Page 1
2:05:26PM
Projects by Type, Status and Date
For the Period 12/1/2022 thru 12/31/2022
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
CEQA2212-002 CEQA RECIEVED
PALO VERDE HEALTH CARE DIST 12/21/2022
248 EAST BARNARD STREET
Comments:

Total Projects for MALLORY CRECELIUS For the Period 12/1/2022 thru 12/31/2022: 1 115/2023 City of Blythe Page 2
2:05:26PM
Projects by Type, Status and Date
For the Period 12/1/2022 thru 12/31/2022
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
CEQA2212-001 CEQA KFC AT HARVEY
OIL AND WATER USA 12/15/2022
700 block WEST HOBSONWAY
Comments:

SP2212-001 SITE PLAN RECIEVED
KMART CORP/FIFTH STREET FINDIN 12/16/2022
1455 WEST HOBSONWAY
Comments:

ZV2212-001 ZONING VERIFICATION RECIEVED
SUMMERTON HILLS PARTNERS 12/15/2022
3589 WELLS ROAD
Comments:

Total Projects for MICHELLE VAN DYKE For the Period 12/9/2022 thru 12/31/2022: 3 -35-

CITY OF BLYTHE FIRE DEPARTMENT

MONTHLY INCIDENT AND ACTIVITY REPORT
December 2022
Incident Total
Public Assist / Rescue / Medical Aid 34
Structure 3
Brush, Grass, Leaves 6
Trash, Rubbish, Dumpster 1
Other 3
Total # of Incidents 47
Activity
Drills 5
Staff Meeting 1
Total Activities 6
Respectfully Submitted
Ronald Hasler, Fire Chief
-36-
CHIEF

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
POLICE
Monthly Incident and Activity Report
December 2022
Incident Total
Resident Burglaries 4
Commercial Burglaries 4
Vehicle Burglaries
Domestic Violence
Battery 6
Grand Theft
Petty Theft 10
Shoplifting
Traffic Collision-Injury
Traffic Collision-Non injury 10
Traffic Collision-Hit and Run 6
Driving Under the Influence
Vandalisms 18
Trespassing 5
Prowlers
Public Intoxication 6
Alarm 36
Abandoned Vehicle Abatement 0
AVA Vehicles Tows 0
Vehicle Red Tags 5
Documented Police Reports 182
Total Incidents 1389
-37-
"BLYT HE

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225• (760) 922-6111 Garth V. Dale, Chief of Police
POLICE
Quality of Life Program
The statistics listed below reflect total numbers since the starting of the Quality-of-Life Program which started January 28th, 2022.

Homeless Detail: December Total from start
of QOL Program
People contacted. 131 860
People given bus tickets and left town to seek resources 3 71 elsewhere.

People assisted with obtaining their ID or Social Security. 7 57 Cards to register for housing and assistance.

People transported to or referred to mental health. 31
People detained under 5150 Welfare and institutions. 1 10 Code and transported for treatment.

People awaiting acceptance to rehab. 1 40
People sent to rehab. 1 7
People picked up by a family member and taken home_ 1 9 out of town.

People assisted with tires and/or gas and relocated to a 26 location for resources out of Blythe.

Traffic Detail:

Citations issued for various traffic related violations._ 28 264 Traffic enforcement vehicle stops resulting in warnings for 17 147 minor violations.

Vehicles stored 3 3
-38-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: Investment Report for Second Quarter Fiscal Year 2022-2023 December 31, 2022
PRESENTED BY: Christa Elms, City of Treasurer
PREPARED BY: Christa Elms, City of Treasurer
RECOMMENDATION: City Council accepts and files the Quarterly Investment Report.

FISCAL IMPACT: None.

STAFF REPORT: The City of Blythe has for many years invested all excess cash (cash not needed for daily operations) for all City funds and the Successor Agency with the California State Local Agency Investment Fund (LAIF). LAIF offers the City and the Agency liquidity and safety. There are more profitable investment instruments on the market, but risk increases with yield.

ATTACHMENTS: Attached for your review are copies of the following:

City of Blythe
Quarter-end statements from LAIF
Quarter-end statement for General Checking Account
Successor Agency
Quarter-end statements from LAIF
Quarter-end statement for the SA Agency Checking Account Quarter-end statements from US Bank
-39-
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund January 03, 2023
P.O. Box 942809
Sacramento, CA 94209-0001 LAIF Home
(916) 653-3001 PMIA Average Monthly.

Yields

CITY OF BLYTHE

TREASURER
235 NORTH BROADWAY
BLYTHE, CA 92225
Tran Type Definitions
Account Number: 984N309
December 2022 Statement
Account Summary
Total Deposit: 0.00 Beginning Balance: 11,374,178.81
Total Withdrawal: 0.00 Ending Balance: 11,374,178.81
-40-
STATEMENT Page 1 of 6
U UnionBank OF AGCOUNTS CITY OF BLYTHE
Statement Number:
12/01/22 - 12/30/22

UNION BANK
GOVERNMENT SERVICES- SOUTH 0274 Customer Inquiries
POST OFFICE BOX 513840 800-798-6466
LOS ANGELES 90051-3840
Thank you for banking with us
since 1967

CITY OF BLYTHE

GENERAL ACCOUNT
235 N BROADWAY
BLYTHE CA 92225
Public Fund Checking Summary Account Number:(
Days in statement period: Days in statement period: 30
Balance on 12/1 $ 8,115,681.64
Total Credits 2,353,172.01
Deposits (27) 105,532.61
Electronic credits (36) 753,671:99
Other credits (23) 1,493,967.41
Total Debits -2,247,315.80
Electronic debits (33) -293,882.26
ZBA debits (40) -1,952,922.27
Other debits (3)_ -511.27
Balance on 12/30 $ 8,221,537.85

CREDITS
Deposits including check and cash credits
Date Description/Location Reference Amount
12/5 CCV DEPOSIT SEQ# 1205940070 A-0000000001N 90234372 $ 687.64 12/5 CCV DEPOSIT SEQ# 1205940060 A-0000000001N 90234371 1,176.02 12/5 CCV DEPOSIT SEQ# 1205940040 A-0000000001N 90234369 1,225.85 12/5 CCV DEPOSIT SEQ# 1205940020 A-0000000001N 90234367 1,666.18 12/5 CCV DEPOSIT SEQ# 1205940050 A-0000000001N 90234370 2.223.01 12/5 CCV DEPOSIT SEQ# 1205940030 A-0000000001N 90234368 3,233.57 12/5 CCV DEPOSIT SEQ# 1205940010 A-0000000001N 90234366 3,426.58 12/7 OFFICE DEPOSIT 75751218 341.00
12/8 OFFICE DEPOSIT 76523970
12/9 CCV DEPOSIT SEO# 1209940350 A-0000000001N 90232216 3,165.97 12/9 CCV DEPOSIT SEQ# 1209940370 A-0000000001N 90232218 4,793.84 12/9 CCV DEPOSIT SEQ# 1209940360 A-0000000001N 90232217 8,718.92 12/9 CCV DEPOSIT SEQ# 1209940390 A-0000000001N 90232220 10,101.29 12/9 CCV DEPOSIT SEQ# 1209940380 A-0000000001N :90232219 10,301.95 12/13 ÖFFICE DEPOSIT 76509477 106.34
12/14 OFFICE DEPOSIT :75047982 1,838.00
12/19 CCV DEPOSIT SEQ# 1219940300 A-0000000001N 90234195 4,773.96 12/19 CCV DEPOSIT SEQ# 1219940320 A-0000000001N 90234197 5,219.68 12/19 CCV DEPOSIT SEQ# 1219940310 A-0000000001N 90234196 5,824.93 12/19 CCV DEPOSIT SEQ# 1219940330 A-0000000001N 90234198 6,957.28 12/19 CCV DEPOSIT SEQ# 1219940340 A-0000000001N 90234199 7,340.68 12/23 CCV DEPOSIT SEQ# 1223940370 A-0000000001N 90232414 -41-
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund January 03, 2023
P.O. Box 942809
Sacramento, CA 94209-0001 LAIF Home
(916) 653-3001 PMIA Average Monthly
Yields

S/A CITY OF BLYTHE FOR BLYTHE

REDEVELOPMENT AGENCY

FINANCE OFFICER
235 NORTH BROADWAY
BLYTHE, CA 92225
Iran Type Definitions
Account Number: 55-93-01
December 2022 Statement
Account Summary
Total Deposit: 0.00 Beginning Balance: 1.49
Total Withdrawal: 0.00 Ending Balance: 1.49
-42-
Mechanics Bank®
Statement Ending 12/30/2022
P.O. Box 6010
Santa Maria, CA 93456-6010 Page 1 of 4
800.797.6324
www.mechanicsbank.com
RETURN SERVICE REQUESTED Managing Your Accounts
Client Services 800.797.6324
CITY OF BLYTHE 1 Online www.mechanicsbank.com

SUCCESSOR AGENCY TO THE
BLYTHE REDEVELOPMENT AGENCY Mobile Download Our Mobile Apps 235 N BROADWAY
BLYTHE CA 92225-1609

BUSINESS LINE OF CREDIT
UP TO $100,000
Prime +0%

LIMITED TIME OFFER
www.MechanicsBank.com/Growlt
All loans and credit products subject to program eligibility, collateral, underwriting approval and credit approval. Offer is for new lines of credit and does not apply to renewing lines of credit.

Subject to change or cancellation without notice. Offer is effective as of 3/17/2022 and subject ta change or cancellation without notice. Prime Rate is defined as "the Prime Rate as published daily in the Money Rates section of the Wall Street Joumal." For the current Prime Rate, talk to a banker or visit https://www.wsj.com/market-data/bonds/moneyrates.

WATCH OUT FOR CARD OR ACCOUNT LOCKED SCAMS
Criminals contact you via phone, text or email pretending to be your bank or a credit card company, and tell you that your account is "locked" or "frozen" from fraudulent attempts to access it. They then ask for your card number, account number, password or PIN to "unlock" the account. Learn how to spot this scam at www.MechanicsBank.com/Security.

Summary of Accounts
Account Type Account Number Ending Balance
PUBLIC INTEREST CHECKING XXXXXXXX $1,995,248.63
Member
FDIC
CEMBER
-43-
usbank 01824-P-00-076-04 0166390 Page 20139
ACCOUNT NUMBER:

SUCCESSOR AGENCY TO THE BLYTHE

EDEVELOPMENT AGENC

USTODY ACCOUN
This statement is for the period from
December 1, 2022 to December 31, 2022

MARKET VALUE SUMMARY
urrent Perio
2/01/22 to 12/31/2
Beginning Market Value $2,989,108.76
Investment Results
Interest, Dividends and Other Income 16,591.57
Net Change in Investment Value - 6,497.72
Total Investment Results $10,093.85
Ending Market Value $2,999,202.61
-44-
PUBLIC

HEARING
-45-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: Class 32 Infill Development Categorical Exemption - KFC Quick Serve Restaurant Project
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Subsequent to the public hearing, it is recommended Council direct staff to file a Notice of Exemption for a Class 32 infill development categorical exemption pursuant to CEQA Guidelines Section 15332 for the KFC Quick Service Restaurant Project located at 738 W.

Hobsonway in Blythe with the County Clerk.

FISCAL IMPACT: None.

BACKGROUND: GLMV Architecture, representing Yum! Brands who owns the KFC brand name is proposing to develop a new KFC Quick Service Restaurant with drive thru on a vacant site located at the southeast corner of Lovekin Boulevard and Hobsonway. The project site is an existing 21,000 square-foot, .49-acre lot currently occupied by a pylon mounted sign, dumpster enclosure and intermittent pavement. The site is legally described as APN 848-021-068.

The site plan includes a two-story building with 2,050 SF gross floor area, two customer entrances, once service entrance and one at the kitchen, one ADA-single use restroom on the first floor, a queuing area and table/booth seating elements. The interior includes approximately 1,115 SF of dining area, 935SF of kitchen and food preparation, 458 SF of restroom and 586 SF of storage and accessory use. A single drive thru lane with a pickup window is proposed facing Hobsonway. The site plan also includes a new pylon mounted sign, parking, landscaping and lighting.

The current zoning and General Plan designation is General Commercial (C-G) which permits the use of eating and drinking establishments. Surrounding land uses include a Del Taco restaurant to the south, Coin Laundry to the east, Starbuck and the Hobsonway mixed commercial center to the north and hotels to the west and northwest. There are two existing easements running through or adjacent to the site.

STAFF REPORT: 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 Class 32 Infill Development Categorical Exemption from the provisions of CEQA pursuant to CEOA Guidelines Section 15332. The Categorical Exemption report describes the proposed project and assesses each of the criteria required to qualify for the Class 32 categorical exemption. -46-
Class 32 Consists of projects characterized as infill development meeting the conditions described in this section:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The City's General Plan and land use and zoning classification on the project site is General Commercial (C-G), which allows for the operation of a wide variety of retail businesses, including restaurants.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed project site is located entirely within the City of Blythe on a O.49-acre property north of Interstate 10, east of Lovekin Boulevard, and south of Hobsonway. Surrounding land uses include Del Taco, Starbucks, several motels, and a variety of other commercial uses. The site lies in the central western part of the City that has been in urban uses for many decades.
(c) The site has no value as habitat for endangered, rare, or threatened species.

The site and surrounding lands have been in urban use for decades, including primarily commercial development and transportation corridors. The site is currently vacant, but is surrounded by urban buildings, and roadways and is not located in proximity to any wetlands, wildlife refuge or protected lands. Plant and wildlife species expected to occur are those accustomed to an urbanized environment. The project site does not have habitat values to support any sensitive species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water supply.

The project related trips will generate low volume traffic on roadway segments within the City of Blythe that are designed to accommodate traffic and operate well below capacity and that do not experience congestion under exiting conditions. The restaurant does not require the use of any noise generating equipment and are inherently quiet activities. Air emissions for the project is very low, limited mainly to emissions associated with employee and customer vehicle trips to and from the site. Potable water will be supplied by the City with discharge to the City's Wastewater Treatment Plant.
(e) The site can be adequately served by all required utilities and public services.

The City's water and sewer lines extend to the property, and connection to these lines will be made subject to review and approval of the City Engineer.

The proposed project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a -47-
sensitive environment; therefore, the project will not result in any significant impacts that may otherwise occur in a sensitive environmental area. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact.

The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project.

Therefore, the proposed project is categorically exempt from CEQA under CEQA Guidelines Section 15332, Infill Exemption.

The Notice of Exemption will be filed with the County Clerk following City Council approval.

ATTACHMENTS:

1. Notice of Exemption
Project Site Map and Site Plan
-48-

NOTICE OF EXEMPTION
TO: FROM:

No street address for this parcel. One will be obtained as a part of project development. • The project site is located at the southeast corner of Hobsonway and Lovekin Boulevard north of Interstate 10 and east of Lovekin Blvd. in the City of Blythe; Assessor's Parcel Number 848-021-068 : NE ¼ of the SW ¼ Sect. 32, T6S, R23E, SBB&M, USGS Blythe Quadrangle, 7.5 minute Series 33°36'35.30" N Lat., 114°36'18.45 W Long.

Description of Nature, Purpose and Beneficiaries of Project:

Development of a new KFC Quick Service restaurant with drive-thru in the downtown area of the City of Blythe.

The 0.49-acre project site is presently vacant and consists of a single parcel. Beneficiaries include the applicant and the City of Blythe.

Name of Public Agency Approving Project: City of Blythe Approved by City Council January 10, 2023
Name of Person or Agency Carrying Out Project: City of Blythe Exempt Status:

Ministerial (Sec. 21080(b)(1); 15268
Declared Emergency (Sec. 21080(b)(3); 15269(a)
Emergency Project (Sec. 21080(b)(4); 15269(b)(c)
Categorical Exemption: State type and section number: In-fill Development Project, CEQA §15332 Statutory Exemption: State code number:

Reasons why project is exempt:

The proposed project meets all five criteria for exemption from CEQA as defined in the CEQA Guidelines §15332, with citation to Section 21083, Public Resources Code, and reference to Section 21084 Public Resources Code, and has no features or characteristics that would qualify as exceptions to the exemption.

Lead Agency Contact Person: Mallory Crecelius
Interim City Manager / City Clerk
(760) 922-6161
Lead Agency Signature: Date: January 11, 2023
Date received for filing at County Clerk: January 11, 2023 2022 CEQA Guidelines Appendices, Appendix E: Notice of Exemption -49-
Figure 2: Project Site and Surrounding Land Uses
KFC Quick-Service Restaurant Project Site Legend
Project Site. and Surrounding Land Üses Blythe
Feature 1
Hampton inn & Suites Blythe
KFC Restaurant Site
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KFC Quick Service Project City of Blythe
Categorical Exemption January 2023
Figure 3: Site Plan

PROJECT SUMMARY
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KFC Quick Service Project City of Blythe
Categorical Exemption January 2023

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: Class 32 Infill Development Categorical Exemption - Palo Verde Hospital Modular Health Clinic Project
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Subsequent to the public hearing, it is recommended Council direct staff to file a Notice of Exemption for a Class 32 infill development categorical exemption pursuant to CEQA Guidelines Section 15332 for the Palo Verde Hospital Modular Health Clinic Project located at 248 E. Barnard Street in Blythe with the County Clerk.

FISCAL IMPACT: None.

BACKGROUND: Palo Verde Hospital, represented by Liz Manjarrez-Cusick is proposing development of a Modular Health Clinic on two parcels totaling 0.60 acres. The site is legally described as APNs 845-140-010 and 845-140-020.

The site plan includes a single story 2,160 SF modular clinic with lobby, administrative office, lab and five exam rooms. The project also includes parking and landscaping.

The current zoning and General Plan designation is Public/Quasi Public (P/QP) which permits the use of health care facilities. Surrounding land uses include a church to the north, residential uses to the east and Palo Verde Hospital to the south and west.

The site is presently a vacant lot, but previously had a residential structure that had been vacated years ago and was severely damaged by fire(s). Palo Verde Hospital recently had the site abated.

Class 32 Consists of projects characterized as infill development meeting the conditions described in this section:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. -52-
The City's General Plan and land use and zoning classification on the project site is Public/Quasi Public (P-QP), which allows for the operation of a wide variety of health care facilities, including health clinics.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed project site is located entirely within the City of Blythe on a 0.60-acre property in the central portion of the City of Blythe and adjacent to the existing Palo Verde Hospital.

Surrounding land uses include Palo Verde Hospital to the south, City and County Municipal building complexes to the west, residential uses to the north and east and the U.S. Post Office to the southeast. The site lies in the central part of the City that has been in urban uses for many decades.
(c) The site has no value as habitat for endangered, rare, or threatened species.

The site and surrounding lands have been in urban use for decades, including City and County government buildings, Palo Verde Hospital, and a variety of residential uses. The site is currently vacant, but is surrounded by urban buildings, and roadways and is not located in proximity to any wetlands, wildlife refuge or protected lands. Plant and wildlife species expected to occur are those accustomed to an urbanized environment. The project site does not have habitat values to support any sensitive species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water supply.

The health clinic will generate low volume daily traffic on roadway segments within the City of Blythe that are designed to accommodate business and city traffic that do not experience congestion under exiting conditions. The health clinic operations do not require the use of any noise generating equipment and are inherently quiet activities. Air emissions for the project is very low, limited mainly to emissions associated with employee and client vehicle trips to and from the site. Potable water will be supplied by the City with discharge to the City's Wastewater Treatment Plant.
(e) The site can be adequately served by all required utilities and public services.

The City's water and sewer lines extend to the property, and connection to these lines will be made subject to review and approval of the City Engineer.

The proposed project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEOA Guidelines. The location of the project is predominantly urban and not considered sensitive environment; therefore, the project will not result in any significant impacts that ma otherwise occur in a sensitive environmental area. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact.
-53-
The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project.

Therefore, the proposed project is categorically exempt from CEQA under CEQA Guidelines Section 15332, Infill Exemption.

The Notice of Exemption will be filed with the County Clerk following City Council approval.

ATTACHMENTS:

Notice of Exemption

2. Project Site Map and Site Plan
-54-

NOTICE OF EXEMPTION
TO: FROM:

Riverside County Clerk City of Blythe
2724 Gateway Drive 235 N. Broadway
Riverside, CA 92507 Blythe, CA 92225
(951) 486-7000 Attn: Mallory Crecelius
Interim City Manager and City Clerk
(760) 922-6161
Project Title: Palo Verde Hospital Modular Health Clinic Project Project Location:
248 E. Barnard Street, City of Blythe, CA 92225
• The project site is located at the northeast corner of Barnard Street and N. 2nd Street in the City of Blythe; Assessor's Parcel Numbers 845-140-010 & 020
NE ¼ of the NE ¼ Sect. 32, T6S, R23E, SBB&M, USGS Blythe Quadrangle, 7.5 minute Series : 333649 N Lat, 114'35.40.36 WLong:

Description of Nature, Purpose and Beneficiaries of Project:

Palo Verde Hospital is proposing development of a Modular Health Clinic on two parcels totaling 0.6 acre (Assessor's Property Number 845-140-010 & 020). The single-story modular clinic is 2,160 square-feet, with a lobby, administrative office, lab and five exam rooms. The project also includes a parking lot and exterior landscaping. City utilities and services do extend to the site. The General Plan and zoning designation for the site is Public / Quasi-Public (P/QP), which permits the use of health care facilities. Beneficiaries include the applicant and the City of Blythe.

Name of Public Agency Approving Project: City of Blythe Approved by City Council January 10, 2023
Name of Person or Agency Carrying Out Project: City of Blythe Exempt Status:
• Ministerial (Sec. 21080(b)(1); 15268
Declared Emergency (Sec. 21080(b)(3); 15269(a)
Emergency Project (Sec. 21080(b)(4); 15269(b)(c)
• Categorical Exemption: State type and section number: In-fill Development Project, CEQA §15332 • Statutory Exemption: State code number:

Reasons why project is exempt:

The proposed project meets all five criteria for exemption from CEOA as defined in the CEOA Guidelines §15332, with citation to Section 21083, Public Resources Code, and reference to Section 21084 Public Resources Code, and has no features or characteristics that would qualify as exceptions to the exemption.

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Palo Verde Hospital Modular Health Clinic Project City of Blythe Categorical Exemption January 2023

Page 5 of 13 ends

Figure 2: Project Site and Surrounding Land Uses
Palo Verde Hospital modular Health Clinic Project Legend Y 248 E Bamard St
Project Site and Surrounding Land Uses
Blythe Dental Center
Blythe Police Department
ChargePoint Charging. Station
Palo Verde Historical Museum and Society
Palo Verde Hospital: Emergency Room
United States Postal Service
Google Ear
Palo Verde Hospital Modular Health Clinic Project City of Blythe Categorical Exemption January 2023

Page 4 of 13 ends

CONTINUED

BUSINESS
-58-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: Emergency Repairs at Waste Water Treatment Plant PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council review the emergency action for the Count, by 41 pete item in the is read to contine them renty res mended.

FISCAL IMPACT: Unknown.

BACKGROUND: During the week of November 14, 2022, a 20" sewer pipe bringing sewage into the aeration basin at the Waste Water Treatment Plant collapsed. Staff initially tried to bypass the line to repair the pipe, but the bypass failed. Staff brought in larger pumps to clear the area which did not hold. Due to this, staff was not sure where the pipe was compromised or if there are multiple breaks in the line.

Public Contract Code section 1102 defines an "emergency" as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." Pursuant to 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.

Due to impracticability of convening a meeting of the City Council due to the Thanksgiving holiday and the need for the repairs to be made immediately due to health and safety concerns, on November 22, 2022, the Interim City Manager determined the collapsed pipe constituted an emergency, as defined by Public Contract Code section 1102, and directed staff to move forward with the repairs.

Pursuant to Public Contract Code section 22050(b)(3), the Interim City Manager is required to report to the City Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. Pursuant to Public Contract Code section 22050(c)(2), the City Council is required to initially review the emergency action ordered by the Interim City Manager no later than seven (7) days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the action. Council is required to terminate the action at the earliest possible date that conditions warrant, so the remainder of the work may be completed by giving notice for bids. -59-
At the November 28, 2022 Special City Council Meeting, the Interim City Manager provided a report to the Council in accordance with Public Contract Code section 22050(b)(3). The City Council reviewed the emergency action and determined, by a four-fifth (4/5) vote, that there was a need to continue the emergency action.

At the December 13, 2022 Council meeting, the City Council determined there was a need to continue the emergency action.

STAFF REPORT: WWTP staff and Rove Engineering determined the best course of action to fix the leak entails removing the existing bypass consisting of two metal pipes and installing a new C900 pipe to replace the existing metal pipe.

Since the Interim City Manager's direction to move forward with the repairs, staff has worked with Rain for Rent, which supplied pumps, RE Hoover, which is a Class A contractor that has previously performed work at the Waste Water Treatment Plant, and Rove Engineering, another contractor that routinely performs work for the City. Rove Engineering's work to date includes inserting the necessary plugs in the manhole, excavating the site and installing two of three new valves, new C900 piping and elbows. Staff anticipates the emergency repairs will be close to completion by the next Council meeting scheduled for February 24, 2023.

As the repairs to the collapsed pipe at the Waste Water Treatment Plant are necessary and ongoing, staff recommends that the City Council determine, by four-fifths (4/5) vote, that there is a need to continue the emergency repairs to the collapsed sewer pipe at the Waste Water Treatment Plant.

ATTACHMENTS: None
-60-

NEW BUSINESS
-61-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT

SADISHE
MEETING DATE: January 10, 2023
SUBJECT: Committee Appointments
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended the Mayor appoint members of the City Council to the City's standing committees and boards.

FISCAL IMPACT: None.

BACKGROUND: On December 13, 2021, the City Council started a new term. This allows for the reassignment of Committee Appointments should the Mayor so choose. As the three incumbents were re-elected, no vacancies were created on the current committee assignments.

STAFF REPORT: The Mayor may appoint members of Council to City Committees and Boards. Below is a brief summary of each committee.

Standing Committees: Standing Committee meetings are called by staff/Council, as necessary.

The committee provides recommendations to the full City Council on the following:
al, propose deept Momber of thid cranite some vity come dor print to expand operations.

Budget and Finance: Members of this committee review the City's Operating and Capital Budget with staff and review the draft audited financial statements with staff and the City's audit team.

Parks and Recreation: Members of this committee discuss the City's park and recreation needs, where to use CDBG funding in the City's parks, and park grant funding.

Art in Public Places: When a project is developed the applicant has the option of delivering art at their site, or to pay a fee to the City. This committee reviews and approves submitted art projects and makes recommendations to Council on how to spend Art in Public Places funds.

Energy Development: In 2020 staff requested this committee be disbanded due to a lack of agenda items. With the State's goal of vehicle electrification by 2035, staff belies the committee is once again necessary to address future energy related projects. It is recommended the Mayor appoint two members of the Council to serve on this committee.

Planning PRC: The first step in the development process is submitting a Project for Review, a -62-
PRC. Members of this committee have an opportunity to review all projects submitted to the City and provide comments/feedback. That feedback would be included in the applicant's Conditions of Approval.

Palo Verde Transit Agency: The Palo Verde Transit Agency's Board of Directors meets the first Wednesday of every month at 11 am at the Transit Office on Main Street. Board Members are responsible for oversight of the local transit system including route configurations, fares and levels of service provided.

Ad Hoc Committees: Ad Hoc Committees are created for a specific purpose and remain formed for as long as needed. These meetings are called by staff/Council as needed.

Mesa Bluffs: This committee was created to discuss the sewer issues at Mesa Bluffs.

Blight Elimination: This committee meets as necessary to discuss plans and ideas to reduce blight in the City.

Palo Verde Economic Alliance. This committee was formed with the County EDA to bring local agencies and organizations together to promote Blythe. The committee was on hiatus during Covid, but meetings have resumed as of January 2023.

Other Government Agency Meetings:

MDAQMD: Mojave Desert Air Quality Management District meets the third Monday of the month at 10am at their office in Victorville. The City has video/teleconferencing abilities.

Subject matter is extensive relating to air quality rules and regulations, licenses, permits, and enforcement actions.

RCTC: The Riverside County Transportation Commission meets on the second Wednesday of every month at 9:30am in Riverside. RCTC handles/controls/distributes monies for all transportation related functions (e.g. road constriction, transit) in Riverside County.

CVAG: The Coachella Valley Association of Governments is comprised of several standing committees. Blythe joined CVAG in 1998, primarily to have the support of Coachella Valley cities and the County when dealing with RCTC and their division of discretionary transportation videoteleconferenting is available ag alad in their office in Palm Deser, but Executive Committee Last Monday of the month at 4:30pm
Transportation Committee 3rd Monday of the month at noon Energy and Environment 2nd Thursday of the month at 12:00pm Homeless Committee 3rd Wednesday of the month at 10:00am League of CA Cities: The League hosts period meetings and training sessions. The Committee member should attend the Annual Conference held each fall. The City is also a member of the Riverside County Division of the League which hosts meetings on the second Monday of every nonth at 5:00pm. The meeting location rotates around the various Riverside County Cities.

ATTACHMENTS:

1. Current Committee Appointments
-63-

COMMITE ARPOINTMENTS
Standing Committees
Committee: Member:

Economic Developmen Johnny Rodriguez Sam Burton
Budget and Finance Dale Reynolds
Parks and Recreation Johnny Rodriguez Joey DeConinck
Art in Public Places Johnny Rodriguez Dale Reynolds
Energy Development Johnny Rodriguez
Joey Deconinck Dale Reynolds
Palo Verde Transit Agency Johnny Rodriguez
Ad Hoc Committees
Committee: Member:

Mesa Bluffs Joey DeConinck Johnny Rodriguez
Blight Elimination Joseph Halby Johnny Rodriguez
Open Communication-
Supervisor Perez Joey DeConinck Johnny Rodriguez
2+2+2+2 Committee Joey DeConinck Sam Burton
CVSP Closure Committee Joey DeConinck Johnny Rodriguez
Other Government Agency Meetings
Agency: Primary Alternate
MDAQMD Joey DeConinck Johnny Rodriguez
RCTC Joey DeConinck Johnny Rodriguez
CAL CITIES Dale Reynolds Joey DeConinck
CVAG
Executive Joey DeConinck Dale Reynolds
Transportation Joey DeConinck Sam Burton
Environment & Energy Joey DeConinck Joseph Halby
Homeless Committee Johnny Rodriguez Sam Burton
-64-

CITY OF BLYTHE
Blythe * CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: February's City Council Meeting Schedule
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council go dark on Tuesday, February 14, 2023 and hold the February City Council Meeting on February 28, 2023, the fourth Tuesday of the month.

FISCAL IMPACT: None.

BACKGROUND: Per the Blythe Municipal Code, regular meetings of the Blythe City Council are held on the second and fourth Tuesday of each month. For several years Council has held one Council meeting on the second Tuesday of every month. Council goes dark for the meeting scheduled for the fourth Tuesday. The City must hold at least one regularly scheduled meeting each month.

STAFF REPORT: Due to Council setting a noticed Public Hearing for February 28, 2023, staff recommends that Council hold the February meeting on the fourth Tuesday and go dark on the second Tuesday. The normal City Council Meeting Agenda schedule will resume in March.

ATTACHMENTS: None
-65-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

PRINTSHE STAFF REPORT
MEETING DATE: January 10, 2023
SUBJECT: Ordinance No. 920-22 Amending Chapter 5.10 (Commercial Cannabis Activity) of the Blythe Municipal Code
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended Council introduce Ordinance No. 920-22:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 5.10 (COMMERCIAL CANNABIS ACTIVITY) OF TITLE 5 (BUSINESS LICENSES AND

REGULATIONS) OF THE BLYTHE MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS

ACTIVITY IN THE CITY
The ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because it can be seen with certainty that the ordinance will not have a significant effect on the environment.

FISCAL IMPACT: None.

BACKGROUND: In 2017, the City Council adopted Ordinance No. 883-17 establishing regulations for commercial cannabis activity within the City of Blythe. The provisions of Ordinance No. 883-17 are codified in Chapter 5.10 (Commercial Cannabis Activity) of Title 5 (Business Licenses and Regulations) and Chapter 17.63E (Commercial Cannabis Related Uses and Activity) of Title 17 (Zoning) of the Blythe Municipal Code. The City Council also adopted, by resolution, regulations for permitting such businesses.

Several amendments have been adopted to the Commercial Cannabis Activity Ordinance since its adoption. The last amendment was made in 2020, specifically relating to the location of certain cannabis businesses near adult day care centers. Several amendments have been made at the request of commercial cannabis operators or applicants. The last amendment made to the Cannabis Ordinance relating to consistency with State law occurred in late 2017.

STAFF REPORT: After a review of the Commercial Cannabis Activity Ordinance, it was determined the City's Ordinance was not consistent with current State regulations, which have been amended in the years since the Ordinance was adopted. The City's Ordinance uses the term "dispensary" for the retail sale of commercial cannabis and cannabis products. However, the State of California Department of Cannabis Control (DCC) defines this use as "storefront retail." For consistency with State rules and regulations, the attached proposed ordinance changes any references from dispensary to storefront retailer.

The City's current Ordinance is unclear on whether the delivery of cannabis products from a -66-
licensed storefront retail operation (dispensary) is permitted. The DCC allows for the delivery of commercial cannabis products from storefront retailers with the issuance of a Type 10 license classification. Currently, Have A Heart dba High Times has a Type 10 license classification from the State of California and offers delivery service for their customers. For consistency with State regulations, the proposed ordinance amendment will allow storefront retailers licensed in the City of Blythe with a Type 10 license to deliver commercial cannabis products within the City.

Pursuant to the current Ordinance, delivery from non-storefront retailers is not allowed. No amendments for non-storefront retailers are recommended at this time. The proposed ordinance also makes clear that deliveries within Blythe from cannabis businesses not located in the City are prohibited.

Council and staff have discussed the process for transferring permits to new owners after the permit is issued and the business is established and operating. It has been staff's understanding that any "transfers" would include the new owner going through the owner background investigation and receiving approval from the City Council to transfer the permit. However, the current Ordinance does not specifically address permit transfers.

The attached proposed ordinance makes clear that it is unlawful for permits to be sold, transferred or assigned by the permittee. The proposed ordinance provides that in the event a permittee desires to sell or transfer the commercial cannabis business to a new owner and/or operate the business under a new entity and/or name not listed on the permit, the new owner must obtain a new permit prior to commencing or continuing operations. The proposed ordinance provides that a business is deemed to have transferred to a new owner if the natural persons and/or entities with controlling interest at the time the permit was first issued either ceases to possess controlling ownership interest or possesses an ownership interest of less than 51%. The proposed ordinance outlines the criteria for determining individual and corporate ownership interests in commercial cannabis businesses in order to prohibit permittees from effectively transferring ownership and control of cannabis businesses without first complying with the City's procedures, such as the requirements for criminal history background checks. The procedures for obtaining a new permit as a result of a transfer of ownership will be established by resolution of the Council.

The proposed ordinance also clarifies the procedures for changing the approved location for a commercial cannabis business. Such procedures will be established by resolution of the City Council.

To address the issues outlined above within Chapter 5.10 of Title 5, it is recommended Council introduce Ordinance No. 920-22.

ATTACHMENTS:

1. Ordinance No. 920-22

2. Redline of Chapter 5.10
-67-
ORDINANCE NO. 920-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, AMENDING CHAPTER 5.10
• CANNABIS ACTIVITY) OF TITLE 5
(BUSINESS LICENSES AND REGULATIONS) OF THE

BLYTHE MUNICIPAL CODE RELATING TO COMMERCIAL

CANNABIS ACTIVITY IN THE CITY
The City Council of the City of Blythe hereby finds and declares as follows:

WHEREAS, the City of Blythe, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public; and WHEREAS, pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the California Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), the Adult Use of Marijuana Act ("AUMA" also known as Prop 64) and subsequent state legislation and/or regulations regarding same, the City of Blythe is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis businesses; and WHEREAS, on June 13, 2017, the City adopted Ordinance No. 883-17, which added Chapter 5.10 (Commercial Cannabis Activity) to Title 5 (Business Licenses and Regulations) and Chapter 17.63E (Commercial Cannabis Related Uses and Activity) to Title 17 (Zoning) of the Blythe Municipal Code regarding commercial cannabis activity and related zoning designations; and
WHEREAS, since the adoption of Ordinance No. 883-17, the California Department of Cannabis Control (formerly known as the Bureau of Cannabis Control) has issued and updated regulations utilizing terminology that differs from that utilized in Chapter 5.10; and
WHEREAS, state law has also clarified that cultivation and related uses by collectives and cooperatives are subject to the provisions of and are regulated by state law, including the regulations of the Department of Cannabis Control, and that the same state and local licensing and permitting provisions as for other cannabis uses apply to collectives and cooperatives; and
WHEREAS, the City Council desires to amend Chapter 5.10 for consistency with state law for the licensing and permitting of commercial cannabis businesses; and WHEREAS, the City Council desires to clarify the procedures relating to transfers of commercial cannabis business permits and the criteria for determining individual and corporate ownership interests in commercial cannabis businesses in order to prohibit permittees from effectively transferring ownership and control of cannabis businesses Ordinance No. 920-23

Page 1 of 31 ends

-68-
without first complying with these procedures, including but not limited to the requirements for criminal history background checks; and
WHEREAS, the City Council also desires to implement regulations relating to deliveries that are permitted in connection with licensed storefront retailers; and WHEREAS, the City Council also desires to make other revisions to Chapter 5.10 as set forth herein, and to provide a time period for lawully existing and operating commercial cannabis businesses come into compliance with the amended operating requirements for retailers that engage in delivery as set forth herein; and WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because it can be seen with certainty that the Ordinance will not have a significant effect on the environment; 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:

SECTION 1. Recitals. The City Council finds that the recitals set forth above are true and correct.

SECTION 2. Amendment to Chapter 5.10 of Title 5. Chapter 5.10 (Commercial Cannabis Activity) of Title 5 (Business Licenses and Regulations) of the Blythe Municipal Code is hereby amended in its entirely to read as follows:

Chapter 5.10 COMMERCIAL CANNABIS ACTIVITY

5.10.010 - Purpose and intent.

It is the purpose and intent of this chapter to accommodate the needs of medically- ill persons in need of marijuana for medical purposes, as advised and recommended by their health care provider(s), and to implement the Control, Regulate and Tax Adult Use Mariuana Act (hereinafter "AUMA"), which was passed by the voters of California anc more specifically the voters of Blythe, while imposing regulations on the use of land to protect the city's neighborhoods, residents, and businesses from negative impacts. It is a processing, testing, transporting, delivery, and distribution of medical/nonmedical cannabis and medical/nonmedical cannabis-related products in a manner which is responsible, which protects the health, safety, and welfare of the residents of Blythe, and to enforce rules and regulations consistent with state law. In part to meet these objectives, an annual permit shall be required to own and/or to operate a commercial cannabis business within Blythe. Nothing in this chapter is intended to authorize the possession, Ordinance No. 920-23

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use, or provision of cannabis for purposes which violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses and approval vhich may be required to conduct business in the city, and are in addition to any permits licenses and approval required under state, county, or other law.

5.10.020 - Legal authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") (which combined the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA") and AUMA), the city is authorized to adopt ordinances that among other matters establish standards, requirements and regulations for local licenses and permits for medical/nonmedical cannabis and medical/nonmedical cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the city to medical/nonmedical cannabis and/or medical/nonmedical cannabis-related activity.

5.10.030 - Cannabis cultivation and commercial cannabis business activities prohibited unless specifically authorized by this chapter.

Except as specifically authorized in this chapter, the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of medical/nonmedical cannabis or medical/nonmedical cannabis product is expressly prohibited in the city.

5.10.040 - Compliance with laws.

It is the responsibility of the owners and operators of the commercial cannabis business to ensure that the business is always operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate federal, state or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Nothing in this chapter shall be construed as authorizing any actions which violate federal or state law regarding the operation of a commercial cannabis business.

5.10.050 - Definitions.

Unless otherwise defined herein, the words used in this chapter shall have the same definitions ascribed to them in Division 10 of the Business and Professions Code. Any Ordinance No. 920-23

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reference to California statutes includes any regulations promulgated thereunder, includes as issued including, but not limited to, the regulations issued by the Department of Cannabis Control, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

A. "Cannabis" means all parts of the cannabis sativa linnaeus, cannabis indica, cannabis ruderalis, or any other strain or varietal of the genus cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. An edible medical/nonmedical cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

C. "Cannabis product" means a product containing medical or nonmedical cannabis, including, but not limited to, concentrates and extractions intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the AUMA. For purposes of this chapter, "medical/nonmedical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

D. "Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. The plant canopy does not need to be continuous on any premises in determining the total square footage which will be subject to tax.

E. "Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

F. "Chief of police" shall mean the chief of police of the city, including his or her designee.

G. "City" shall mean the City of Blythe, a California general law city.

H. "City manager" shall mean the city manager of the city, including his or her designee.

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I. "Code" shall mean the Blythe Municipal Code.

J. "Commercial cannabis activity" includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of medical/nonmedical cannabis or a medical/nonmedical cannabis product, within the meaning of California Business and Professions Code section 19300.5 and/or California Business and Professions Code section 26050 et seq.

K. "Commercial cannabis business" means any business or operation which engages in either/or medical or nonmedical commercial cannabis activity.

L. "Commercial cannabis business permit" or "permit" means a regulatory permit issued by the city pursuant to this chapter to a commercial cannabis business and is required before any medical/nonmedical commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business's ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing the commercial cannabis activity at issue.

M. "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including marijuana. Indoor cultivation is limited to cultivation using exclusively artificial lighting, while outdoor cultivation is limited to cultivation using no artificial lighting. Mixed-light cultivation, or cultivation that uses a combination of natural and supplemental artificial light, is considered outdoor cultivation for purposes of this chapter.

N. "Cultivation site" means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid commercial cannabis business permit for cultivation from the city and a valid state license to cultivate cannabis as required by state law. "Department" or "DCC" means the State of California Department of Cannabis Control and includes any successor department or agency thereto.

P. "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a storefront retailer.

Q. "Distribution" means the procurement, sale, and transport of medical/nonmedical cannabis or medical/nonmedical cannabis products between entities licensed pursuant to state law.

R. "Distributor" means a person holding a valid commercial cannabis business permit for distribution issued by the city and a valid state license for distribution, saved he required by state law to engage in the business of purchasing medical/nonmedical cannabis from a licensed cultivator, or medical/nonmedical cannabis products from a license manufacturer, for sale to a licensed dispensary.

S. "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

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T. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

U. "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.

V. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured medical/nonmedical cannabis, as defined in this chapter, or medical/nonmedical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages medical/nonmedical cannabis or medical/nonmedical cannabis products or labels or relabels its container, where the operator holds a valid commercial cannabis business permit for manufacturing from the city and a valid state license issued by the department.

W. "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.

X. "Manufacturing site" means a location that produces, prepares, propagates, or compounds medical/nonmedical cannabis or medical/nonmedical cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the city and a valid state license as required for manufacturing of medical/nonmedical cannabis products.

Y. "Marijuana" means "cannabis," as that term is defined in this chapter.

Z. "Microbusiness" shall have the same definition as California Business and Professions Code section 26070 as it may be amended, and which means a business that engages in the cultivation of cannabis on an area less than ten thousand square feet and permitted to act as a licensed distributor, Level 1 manufacturer, and retailer under the California Business and Professions Code and this chapter, provided such licensee can demonstrate compliance with all requirements imposed by the California Business and Professions Code and this chapter on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.

AA. "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code section 11362.5. For purposes of this chapter, qualified patient shall include a person with an identification card, as that term is defined by California Health and Safety Code section 11362.7 et seq.

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BB. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

CC. "Person with an identification card" shall have the meaning given that term by California Health and Safety Code section 11362.7.

DD. "Premises" means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity as defined in subdivision (f) of Section 19300.5 of the California Business and Professions Code will be or is conducted. The premises shall be contiguous and shall only be occupied by one licensee.

EE. "State license" means a permit or license issued by the department to engage in commercial cannabis activity.

FF. "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

GG. "Testing laboratory" means a facility, entity, or site in the city that offers or performs tests of medical/nonmedical cannabis or medical/nonmedical cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state.

2. Registered with the State Department of Public Health and is owned and operated by a person issued a valid commercial cannabis business permit for laboratory testing from the city and a valid state license (type 8) for laboratory testing as required by state law.

HH. "Youth center" shall have the same meaning as set forth in California Health and Safety Code section 11353.1.

5.10.060 - Commercial cannabis business permit required to engage in commercial cannabis business.

No person may engage in any commercial cannabis business or in any commercial cannabis activity within the city including, but not limited to, cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, delivery or sale of medical/nonmedical cannabis or a medical/nonmedical cannabis product unless the person both: (1) has a valid commercial cannabis business permit from the city; and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the specific type of commercial cannabis business and the commercial cannabis business activities, including, but not limited to, holding a valid state license therefor.

5.10.070 - Cannabis employee permit required.

A. Any person who is an employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable state law.

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B. Any person who is an employee or who otherwise works within a commercial cannabis business must obtain a commercial cannabis employee work permit from the city prior to performing any work at any cannabis business.

C. Applications for a commercial cannabis employee work permit shall be developed and made available by the city, and shall include, but not be limited to, the following:

1. Name, address, and phone number of the applicant;

2. Age and verification of applicant. A copy of birth certificate or other proof that the applicant is at least twenty-one years of age must be submitted with the application;
Name, address of the commercial cannabis businesses where the person will be employed, and the name of the primary manager of that business;

4. Name, address, and contact person for any previous employers from which the applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing;

5. The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the city manager:

6. A signed statement under penalty of perjury that the information provided is true and correct;

7. If applicable, verification that the applicant is a qualified patient or primary caregiver; and

8. Payment of a fee in an amount set by resolution of the city council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is non-refundable and shall not be returned in the event the work permit is denied or revoked.

D. The chief of police shall review the application for completeness and shall conduct a background check to verify the criminal record to determine whether the applicant:

1. Has been convicted of a crime that shows the applicant is dishonest or untrustworthy;

2. Has been convicted of a felony or misdemeanor involving fraud, deceit, or embezzlement;

3. Has been convicted of a violent felony, or a crime of moral turpitude;

4. Has been convicted of a crime relating to the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, except for medical cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996; or

5. Has been convicted of a felony within the past seven (7) years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to California Penal Code sections 1203.4, 1000 or 1385, or the applicant is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance. A conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or infraction Ordinance No. 920-23

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or decriminalized pursuant to the provisions of AUMA or federal law shall not be considered.

Discovery of facts showing that the applicant has been convicted of these types of crimes is grounds for denial of the permit.

E. The city manager shall issue the commercial cannabis work permit or a written denial to the applicant within ninety days of the date the application was deemed complete, provided, however, that failure to do so shall not result in the application being deemed approved.

F. A work permit shall be valid for a thirty-six month period and must be renewed sixty days prior to expiration. Renewal applications shall contain all the information required in subsection C above including the payment of a renewal application fee in an amount set by resolution of the city council.

G. In the event a person changes employment from one commercial cannabis business in the city to another, the work permit holder shall notify the city manager in writing of the change within ten days, or the work permit shall be suspended or revoked and such person shall not be permitted to work at any commercial cannabis business in the city.

H. The city may immediately revoke the commercial cannabis work permit should the permit holder be convicted of a crime listed in this section or if facts become known to the city manager that the permit holder has engaged in activities showing that he or she is dishonest or untrustworthy.

1. The city manager is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements.

The applicant may appeal the denial or revocation of a commercial cannabis work permit by filing a notice of appeal with the city clerk within ten days of the date the applicant received the notice of denial, which appeal shall be conducted as set forth in Sections 5.10.140 through 5.10.160 of this chapter.

K. The city manager shall issue a permit in the form of a personal identification card that shall be worn by the employee. The personal identification card shall be worn approximately chest-high on the employee's outermost garment, in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.

L. If the holder of an employee work permit fails to timely renew his/her permit, the permit will cease to be valid and he/she will be required to submit an application for a new permit, if desired as provided above. In addition to any administrative proceedings, it shall be unlawful for any person to engage in any type of employment activity with a cannabis related business without a valid employee permit.

5.10.080 - Maximum number and type of authorized commercial cannabis businesses permitted.

The total number of adult (A-license) and/or medical (M-license) commercial cannabis business that may be permitted to operate within the city at any one given time are as follows, provided, however, that in no event shall the total Ordinance No. 920-23

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number of cannabis retail uses, including type 10 or as part of a type 12 microbusiness, exceed two:

1. Cannabis distributor (includes license classification type 11): unlimited;

2. Cannabis manufacturer (includes license classification type 6 and 7):
unlimited;
Cannabis testing laboratory (includes license classification type 8):
maximum of two;

4. Cannabis retail—storefront (includes license classification type 10) and/or microbusiness holding a retail storefront license (includes license classification 12): total maximum of two;

5. Cannabis retail—non-storefront delivery only (includes license classification type 9): prohibited;

6. Cannabis microbusiness (includes license classification type 12):
prohibited unless one of the three license types held is retail storefront; total maximum of two;

7. Cannabis cultivation - all types (indoor only): unlimited; B. Storefront retailers and microbusinesses holding a retail storefront license permitted pursuant to this chapter may deliver cannabis and cannabis products within the city if authorized to do so pursuant to both the terms of their permit and license issued by the state. Such businesses shall also comply with the requirements set forth in Section 5.10.300(F). The delivery of cannabis or cannabis products within the city by any cannabis business or any person located outside of the city is prohibited.

C. Businesses permitted pursuant to this chapter shall not engage in the retail sale, delivery or dispensing of cannabis, cannabis product, hemp or hemp products unless expressly permitted to do so pursuant to the terms of their cannabis business permit.

D. No person may engage in any type of cannabis business that is not specifically authorized pursuant to this chapter.

E. This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category. Nothing in this chapter creates a mandate that the city must issue any or all of the commercial cannabis business permits, whether or not it is determined that the applicants do or do not meet the standards which are established in the application requirements or further amendments to the application process.

5.10.090 - Initial application procedure.

A. The city council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permits).

The resolution shall authorize the city manager to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes, solicit applications, conduct initial evaluations of the applicants, and to ultimately provide a final recommendation to the city council.

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B. At the time of filing, each applicant shall pay an application fee established by resolution of the city council, to cover all costs incurred by the city in the application process.

C. After the initial review the city manager will make a recommendation to the city council, and the city council shall make a final determination in accordance with Section 5.10.170.

D. The city reserves the right to reject any or all applications. The city may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other justification provided, including a failure to comply with other requirements in this chapter, an application may be rejected for any of the following reasons:

1. Proposal received after designated time and date.

2. Proposal not containing the required elements, exhibits, nor organized in the required format.

3. Proposal considered not fully responsive to the request for permit application.

4. Proposal contains excess or extraneous material not called for in the request for permit application.

5.10.100 - Expiration of commercial cannabis business permits.

Each commercial cannabis business permit issued pursuant to this chapter shall expire twelve months after the date of its issuance. Commercial cannabis permits may be renewed as provided in Section 5.10.120.

5.10.110 - Revocation of permits.

Commercial cannabis business permits may be revoked for any violation of any applicable law, rule, regulation and/or standard, including, but not limited to, those adopted pursuant to this chapter.

5.10.120 - Renewal applications.

A. An application for renewal of a commercial cannabis business permit shall be filed at least sixty calendar days prior to the expiration date of the current permit.

B. The renewal application shall contain all the information required for new applications.

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C. The applicant shall pay a fee in an amount to be set by the city council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter.

D. An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists:

1. The application is filed less than sixty days before its expiration.

2. The commercial cannabis business permit is suspended or revoked at the time of the application.

3. The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.

4. The commercial cannabis business has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.

5. The permittee fails or is unable to renew its State of California license.

If the city or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of this code, or of the state rules and regulations, and the city or state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit.

E. The city manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager are subject to Section 5.10.140.

F. If a renewal application is rejected, a person may file a new application pursuant to this chapter no sooner than one year from the date of the rejection.

5.10.130 - Effect of state license suspension, revocation, or termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a medical/nonmedical cannabis business to operate within the city.

5.10.140 - Appeals from decisions of the city manager under this chapter.

Unless specifically provided to the contrary elsewhere in this code, whenever an appeal is provided for in this chapter from a decision of the city manager, the appeal shall be conducted as prescribed in this chapter. The suspension and/or revocation of a permit based on the suspension and/or revocation of a license issued by the state pursuant to Section 5.10.130 shall not be an appealable decision pursuant to this chapter.

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5.10.150 - Written request for appeal.

A. Within ten calendar days after the date of a decision of the city manager to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

B. At the time of filing, the appellant shall pay the designated appeal fee, as established by resolution of the city council from time to time.

5.10.160 - Appeal hearing.

A. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the city.

B. The appeal shall be held within a reasonable time after the filing of the appeal in the discretion of the city manager.

C. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.

D. At the conclusion of the hearing, the city council may affirm, reverse, remand or modify the decision appealed. The decision of the city council shall be final and judicial review thereof shall be subject to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

5.10.170 - Permittee selection process.

A. The city council shall adopt by resolution a procedure guideline by which the top applicants in each category of each commercial cannabis business will be presented to the city council for a final determination at a public meeting.

B. The top final applicants for each category may be invited to attend the city council meeting, where they may be expected to make a public presentation introducing their team and providing an overview of their proposal. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary.

D. Official issuance of the commercial cannabis business permits), however, is conditioned upon the prevailing candidate(s) obtaining all required land use approvals. Following the council's selection, the prevailing candidate(s) shall apply to the city's planning department to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. The city manager shall formally issue the commercial cannabis business permits) Ordinance No. 920-23

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once the city manager and planning and building services director both affirm that all of the required land use approvals have been obtained.

E. Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a term of twelve months, and shall expire at the end of the twelve-month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all applicable state and local laws and regulations, including, but not limited to, the requirements of this chapter and of the permit, have been complied with.

F. Notwithstanding anything in this chapter to the contrary, the city council reserves the right to reject any or all applications if it determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the city council may terminate or delay the program created under this chapter.

G. If an application is denied, a new application may not be filed for one year from the date of the denial.

H. Each person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this chapter.

5.10.180 - Permit-non-assignable and non-transferable.

A. A commercial cannabis business permit issued under this chapter is valid only to the approved permittee at the specified approved location, and is therefore non-transferable to other persons, entities, projects or locations, without the filing of a new application.

B. No commercial cannabis business permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities.

In the event a permittee desires to sell or transfer the business to a new owner and/or operate the business under a new entity and/or name not listed on the commercial cannabis business permit, the new owner must first obtain a new commercial cannabis business permit prior to commencing or continuing operations.

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individuals with a financial interest in the entity shall be considered as having a controlling interest in the commercial cannabis business, including, but not limited to, all entities in a multilayer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust, and managing members or nonmember managers of the entity, as applicable.

D. To obtain a new commercial cannabis business permit as required pursuant to this section, the new owner shall comply with the applicable policies and procedures established by resolution of the city council pursuant to Section

5.10.090 and applicable regulations established pursuant to Section 5.10.350 and pay the applicable fee established by resolution of the city council.

5.10.190 - Change in location of commercial cannabis business.

A. No permittee may operate at a location other than the location approved and specified in the commercial cannabis business permit. Operating at a location other than that specified in the commercial cannabis business permit in violation of this section shall invalidate the commercial cannabis business permit.

B. For all commercial cannabis business permits, no permittee shall change the location of the commercial cannabis business specified in the permit unless and until the change of location is approved by the city and the commercial cannabis business permit is amended accordingly.

C. To change the location of a commercial cannabis business, the permittee shall the ply hall pursuin to sean 5o durant alice rea
established pursuant to Section 5.10.350 and pay the applicable fee as established by resolution of the city council.

5.10.200 - Changes in name of business only.

No permittee may conduct, manage, engage in, or carry on a commercial cannabis business under any name other than the name specified in the commercial cannabis business permit and/or any "doing business as" or "DBA" or "fictitious business name" or "EBN" on file with the County of Riverside and provided in the permit application and/or business license without first obtaining approval to amend the commercial cannabis business permit. Any approved changes and/or updates to the commercial cannabis business permit shall require payment of fees as set by resolution of the city council.

5.10.210 - City business license.

Prior to commencing operations, a commercial cannabis business shall obtain a city business license.

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5.10.220 - Building permits and inspection.

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection, and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), fire marshal approvals, health department approvals and other zoning and land use permits) and approvals.

5.10.230 - Right to occupy and to use property.

As a condition precedent to the city's issuance of a commercial cannabis business permit pursuant to this chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this chapter and consents to the operation of the commercial cannabis business on the owner's property.

5.10.240 - Limitations on city's liability.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:

A. Execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant's sole cost and expense and with attorneys of city's choosing), and hold the city, and its officers, officials, employees, representatives, and agents, harmless from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of the commercial cannabis business permit, the city's decision to approve the operation of the commercial cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city attorney.

C. Reimburse the city for all costs and expenses, including but not limited to, attorneys' fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city's approval of the applicant's commercial cannabis business permit or related to the city's approval of a commercial cannabis activity and otherwise set forth in Ordinance No. 920-23

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subsection A. The city may, in its sole discretion, participate at its own initial expense in the defense of any such action, but such participation shall not relieve any of the reimbursement obligations imposed hereunder.

5.10.250 - Records and recordkeeping.

A. Each owner and operator of a commercial cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the city, each commercial cannabis business shali file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid.

B. Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the city manager upon a reasonable request.

C. Each commercial cannabis business shall maintain a record of all persons served by the commercial cannabis business, for a period of no less than four years.

D. All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase by or distribution to a person authorized to purchase or receive such cannabis.

E. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA) regulations, each commercial cannabis business shall allow city officials to have access to the business's books, records, and accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents shall be produced no later than twenty-four hours after receipt of the city's request, unless otherwise stipulated by the city.

5.10.260 - Security measures.

A. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may Ordinance No. 920-23

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otherwise be determined by the city manager, these security measures shall include, but shall not be limited to, all of the following:

1. Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.

2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

3. Except for live growing plants which are being cultivated at a cultivation facility, all medical/nonmedical cannabis and medical/nonmedical cannabis products shall be stored in a secured and locked room, safe, or vault. All medical/nonmedical cannabis and medical/nonmedical cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes or for immediate sale at a storefront retailer.

4. Installing twenty-four-hour security surveillance cameras of at least HD- quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, and all interior spaces where cannabis, cash or currency is being stored for any period of time on a regular basis. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the chief of police and the Blythe police department, and that it is compatible with the city's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the chief of police and the police department. Video recordings shall be maintained for a minimum of forty-five days, and shall be made available to the city manager upon request.

Sensors shall be installed to detect entry and exit from all secure areas.

Panic buttons shall be installed in all commercial cannabis businesses.

7. Having a professionally installed, maintained, and monitored alarm system.

8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

9. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services and shall be subject to the prior review and approval of the chief of police, with such approval not to be unreasonably withheld.

10. Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

B. Each commercial cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the chief of police regarding any security related measures or and operational issues.

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5.10.270 - Restriction on alcohol sales.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business.

5.10.280 - Fees and charges.

A. No person may commence or continue any commercial cannabis activity in the city, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.

3. All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis businesses shall cooperate with city with respect to any reasonable request to audit the commercial cannabis business's books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.

5.10.290 - Miscellaneous operating requirements applicable to all commercial cannabis businesses.

A. Hours of Operation. Retail commercial cannabis businesses may be open for access to the public only between the hours of six a.m. and ten p.m. Monday through Sunday unless reduced hours are specified in the commercial cannabis business permit. Other commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permits issued by the city.

B. Restriction on Consumption. Cannabis shall not be consumed into the human body on the premises of any commercial cannabis business.

C. Except for depictions of the cannabis leaf, no cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

D. Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city's record-keeping systems. In addition, the system must have the capability to produce historical Ordinance No. 920-23

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transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager prior to being used by the permittee.

E. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with state and local regulations.

F. There shall not be any firearms on the permitted premises by an owner, manager, employee, volunteer or vendor other than those individuals authorized as a state licensed security personnel and have been approved by the chief of police.

G. There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medical marijuana prescription or card where applicable.

H. Prior to dispensing medical cannabis or medical cannabis products to any person, the commercial cannabis business shall obtain verification from the recommending physician that the person requesting medical cannabis or medical cannabis products is a qualified patient.

I. Emergency Contact. Each commercial cannabis business shall provide the city manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

J. Signage and Notices.

1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of this code, including, but not limited to, obtaining a city sign permit.

2. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises of any commercial cannabis businesses or elsewhere in the city other than within private residences is prohibited.

3. Business identification signage shall be limited to that needed for identification only, and shall not contain any information that advertises or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

4. Except for temporary banners, no banners, flags, or other prohibited signs shall be used at any time.

5. Holders of commercial cannabis business permits agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the city utilizing a billboard (fixed or mobile) within the city, or on a bus shelter, placard, aircraft, or other similar forms of advertising anywhere within city limits. This paragraph is Ordinance No. 920-23

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not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

K. Minors.

1. Persons under the age of twenty-one years shall not be allowed on the premises of a non-medical commercial cannabis business, and persons under the age of eighteen years shall not be allowed on the premises of a medical cannabis business. Those persons with a valid physician's recommendation to purchase medical cannabis who are between the ages of eighteen and twenty-one years are allowed on non-medical commercial cannabis business premises if the business also has a valid medical cannabis license. It shall be unlawful and a violation of this title for any person to employ any person at a commercial cannabis business who is not at least twenty-one years of age.

2. The entrance to a non-medical commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one years of age is permitted to enter upon the premises of the commercial cannabis business. The entrance to a medical commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of eighteen years of age is permitted to enter upon the premises of the commercial cannabis business. The entrance to a business that is both a medical and non-medical cannabis business shall be clearly and legibly posted with both signs that also indicate their applicability to medical and non-medical customers.

L. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights- of-way, on or about the exterior or interior common area walkways, hallways, breezeways, toyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the city manager determines is a more effective method or technology:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2. An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

M. Display of Permit and City Business License. The original copy of the commercial cannabis business permit issued by the city pursuant to this Ordinance No. 920-23

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chapter and the city issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public.

N. Background Check. Pursuant to California Penal Code sections 11105(b)(11) and 13300(b)(11), every person listed as an owner, manager, supervisor, employee or volunteer, of the commercial cannabis business must submit fingerprints and other information deemed necessary by the chief of police for a background check by the Blythe police department.

No person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the chief of police, as required by this chapter. A fee for the cost of the background investigation, which shall be the actual cost to the city to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.
o. Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty feet of the premises.

P. Permits and other Approvals. Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.

Q. Additional Requirements. The city manager may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

5.10.300 - Additional operating requirements for retailers.

A. Owners and operators are required to verify the age and the necessary documentation of each medical customer to ensure the customer is not under the age of eighteen years, and to verify that the potential customer has a valid doctor's recommendation. Doctor recommendations are not to be obtained or provided at the storefront retailer. Any retail customer who purchases cannabis or cannabis products for nonmedical use shall verify that they are at least twenty-one years of age or older at the time of purchase.

B. Entrances into the storefront retailer shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the storefront retailer, to separate it from the reception/lobby area.

C. Uniformed licensed security personnel shall be employed and will be required to carry a firearm to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. The chief of police at his/her discretion may modify or amend the requirement of requiring security personnel to carry a firearm which shall be specified in the terms of the regulatory permit.

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D. Storefront retailers may have on-site, in the retail sales area of the storefront retailer, only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale.

All restroom facilities shall remain locked and under the control of management.

Additional operating requirements for retail-storefront businesses providing delivery of cannabis or cannabis products. Every business that sells and/or delivers cannabis and/or cannabis products as a storefront retailer shall comply with the following requirements:

1. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the city in compliance with this chapter, and in compliance with all state regulations.

2. All employees who deliver cannabis shall have valid identification and a copy of the retail business's cannabis business permit and state license at all times while making deliveries.

3. All commercial cannabis retail businesses shall obtain and maintain at all times during the term of the permit comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than two million dollars ($2,000,000.00) aggregate for each personal injury liability and each accident, issued by an insurance provider rated at least A-:VIII in A.M. Best and Company's Insurance Guide and either admitted and authorized to do business in California or is listed on the California Department of Insurance's List of Approved Surplus Line Insurers. The city shall be named as an additional insured on such insurance policy and a certificate of such insurance shall be provided to the city prior to commencing operations.

4. I Deliveries may only take place during normal business hours of the commercial cannabis retail business.

5. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with state law.

A licensed delivery employee shall not leave the State of California while possessing cannabis products while performing his or her duties for the cannabis retailer.

7. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the state.

8. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours.

9. Any delivery method shall be made in compliance with state law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient).

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10. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information:
a. Name and address of the commercial cannabis retail business. b. The name of the employee who delivered the order.
c. The date and time the delivery request was made.
d. The complete delivery address.
e. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested.
f. The total amount paid for the delivery including any fees or taxes. g. At the time of the delivery, the date and time the delivery was made, and the signature of the person who received the delivery.

11. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement.

12. Inspections by an authorized city representative may be conducted anytime during regular business hours.

13. Delivery must be made to a physical address that is not on publicly owned land, a school, a day care, or a youth center.

14. The delivery employee shall not carry cannabis goods valued in excess of five thousand dollars ($5,000.00) at any time with no more than three thousand dollars ($3,000.00) of cannabis goods that are not already part of a customer order that was processed prior to leaving the premises.

15. Delivery must be made in person by a direct employee of the licensed retailer. An independent contractor, third-party courier service, or an individual employed through a staffing agency shall not be considered directly employed by the licensed retailer.

5.10.310 - Operating requirements for cultivation facilities.

A. The cultivation of all cannabis must occur indoors. All outdoor cultivation is prohibited.

B. In no case shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

C. If a storefront retailer is authorized to include cultivation activities, the storefront retailer may have only one cultivation site upon which cannabis is cultivated, produced, stored, harvested, manufactured, or packaged, and each of the storefront retailer and the cultivation site must be separately permitted pursuant to this chapter.

D. If cultivation is permitted, then the business shall only cultivate the square feet of canopy space permitted by state law.

E. Cannabis cultivation shall be conducted in accordance with state, local, and federal laws, rules and regulations related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

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F. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

G. In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site.

H. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

1. All applicants for a cannabis cultivation permit shall submit the following in addition to the information generally otherwise required for a commercial cannabis business:

1. A cultivation and operations plan that meets or exceeds minimum legal standards and all state, local and federal rules and regulations for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

2. A description of a legal water source, irrigation plan, and projected water use.

3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.

4. Plan for addressing odor and other public nuisances which may derive from the cultivation site.

5.10.320 - Cannabis manufacturing: edibles and other cannabis products; sale or distribution of edible and other cannabis products.

The manufacturing of food or other products infused with or which otherwise contain cannabis may be manufactured within the appropriate manufacturing zoning districts as described in Chapter 17.63E (Commercial Cannabis Related Uses and Activity) of Title 17 of this code, subject to the regulations set forth in this chapter, and subject to whatever additional regulations may be promulgated hereunder by an ordinance or resolution of the city council.

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5.10.330 - Packaging and labeling.

A. Before a commercial cannabis manufacturer delivers any edible cannabis or edible cannabis product to a storefront retailer, the same shall be labeled and placed in tamper-evident packaging which at least meets the requirements of California Business and Professions Code section 19347, as the same may be amended from time to time or superseded or replaced by subsequent state legislation or by any department or division of the State of California.

B. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a commercial cannabis manufacturer.

C. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package.

D. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.

E. The package must have a label warning that the product is to be kept away from children.

F. The label must also state that the product contains cannabis and must specify the date of manufacture.

G. Any edible cannabis product that is made to resemble a typical food product must be in a properly labeled opaque (non-see-through) package before it leaves the commercial cannabis manufacturing business.

H. The city council may impose additional packaging and labeling requirements on cannabis or cannabis products by resolution, as permitted by law.

5.10.340 - Operating requirements for cannabis manufacturing (levels one and two): extraction, etc.

A. Cannabis manufacturing facilities requiring a type 6 or type 7 state license (using non-volatile and volatile solvents), as defined in California Business and Professions Code section 19341, may be permitted to operate within those zone districts as defined in Chapter 17.63E (Commercial Cannabis Related Uses and Activity) of Title 17 of this code.

B. Any compressed gases used in the manufacturing process shall not be stored on any property within the city in containers that exceed one hundred fifty pound tanks in size. Each site or parcel subject to a commercial cannabis permit shall be limited to a total of eight tanks on the property at any time.

C. Cannabis manufacturing facilities are limited to certain methods, equipment, solvents, gases and mediums when creating cannabis extracts.

D. Cannabis manufacturing facilities may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the community development department. These solvents must be of at least ninety-nine percent purity and any extraction process must use them in a professional Ordinance No. 920-23

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grade closed loop extraction system designed to recover the solvents, work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

E. Any extraction process must use a professional grade closed loop CO2 gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch. The CO2 must be of at least ninety-nine percent purity.

F. Closed loop systems for hydrocarbon or COz extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

G. Certification from a licensed engineer must be provided to the community development department for professional grade closed loop systems used by any cannabis manufacturing system to certity that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, such as:

1. The American Society of Mechanical Engineers (ASME);

2. American National Standards Institute (ANS);

3. Underwriters Laboratories (UL); or

4. The American Society for Testing and Materials (ASTM) H. The certification document must contain the signature and stamp of a professional engineer and serial number of the extraction unit being certified.

1. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the fire department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.

Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

K. Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create extracts. All ethanol must be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

L. Cannabis manufacturing facilities creating marijuana extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create marijuana extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.

M. Parts per million for one gram of finished extract cannot exceed five hundred parts per million of residual solvent or gas when quality assurance tested.

5.10.350 - Promulgation of regulations, standards and other legal duties.

A. In addition to any regulations adopted by the city council, the city manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business Ordinance No. 920-23

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permits, the ongoing operation of commercial cannabis businesses and the city's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.

B. Regulations shall be published on the city's website.

C. Regulations promulgated by the city manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the city manager.

5.10.360 - Community relations.

A. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided.

Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis business.

B. The owner, manager and community relations representative from each commercial cannabis business shall meet with the city manager yearly or as requested by the city manager to discuss the costs, benefits and other community issues arising as a result of implementation of this chapter.

C. Commercial cannabis businesses to which a permit is issued pursuant to this chapter shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

5.10.370 - Fees deemed debt to City of Blythe.

The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the city that is recoverable via an authorized administrative process as set forth in this code, or in any court of competent jurisdiction.

5.10.380 - Permit holder responsible for violations.

The person to whom a permit is issued pursuant to this chapter shall be responsible for all violations of the law, including, but not limited to, this code, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence. Nothing contained herein shall relieve the owner or lessee of the real property from responsibility for any violation of law occurring thereon.

5.10.390 - Inspection and enforcement.

A. The city manager is charged with enforcing the provisions of this code, or any provision thereof, and may enter the location of a commercial cannabis business at any time during the hours of operation without notice, and inspect Ordinance No. 920-23

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the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of state law.

B. It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law.

C. The city manager may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the city shall be logged, recorded, and maintained in accordance with the police department standards for evidence.

5.10.400 - Concurrent regulation with state.

It is the stated intent of this chapter to regulate commercial cannabis activity in the city concurrently with the State of California.

5.10.410 - Violations declared a public nuisance.

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance.

5.10.420 - Each violation a separate offense.

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this code.

Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city of any monies unlawfully obtained, costs of abatement, costs of investigation, attorneys' fees, and any other relief or remedy available at law or in equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, associated with and/or acting in concert with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager or the chief of police may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the city council.

5.10.430 - Criminal penalties.

Each and every violation of the provisions of this chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars Ordinance No. 920-23

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or imprisonment in the county jail for a period of not more than twelve months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

5.10.440 - Remedies cumulative and not exclusive.

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

SECTION 3. Extension of Time to Comply with Delivery Requirements. Each and every lawfully existing and operating permittee with a valid retail commercial cannabis business permit, including being in possession of a currently valid storefront retail and a non-storefront retail (delivery) license issued by the Department of Cannabis Control, shall have six months (180 days) from the effective date of this Ordinance to comply with the requirements of subsection 5.10.300(F). Failure to comply with these requirements following this six-month period shall be grounds for revocation of the permit. Nothing contained herein shall be construed to waive and/or authorize the failure to comply any applicable provision of state law, or with any other applicable provision of the Blythe Municipal Code. This Section 3 shall not be codified in the Blythe Municipal Code.

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. This Ordinance makes minor changes to the administrative provisions governing the City's regulations of commercial cannabis activity. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.

SECTION 5. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Ordinance No. 920-23

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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 _, 2023, by
the following called vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph DeConinck
Mayor
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
Ordinance No. 920-23

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REDLINE OF CHAPTER 5.10 (COMMERCIAL CANNABIS ACTIVITY)

5.10.010= Purpose and intent.

It is the purpose and intent of this chapter to accommodate the needs of medically-ill persons in need of marijuana for medical purposes, as advised and recommended by their health care provider(s), and to implement the Control, Regulate and Tax Adult Use Marijuana Act (hereinafter "AUMA"), which was passed by the voters of California and more specifically the voters of Blythe, while imposing regulations on the use of land to protect the city'scity's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this chapter to regulate the cultivation, manufacturing, processing, testing, transporting, delivery, and distribution of medical/nonmedical cannabis and medical/nonmedical cannabis-related products in a manner which is responsible, which protects the health, safety, and welfare of the residents of Blythe, and to enforce rules and regulations consistent with state law. In part to meet these objectives, an annual permit shall be required to own and/or to operate a commercial cannabis business within Blythe. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the Citycity, and are in addition to any permits, licenses and approval required under state, county, or other law.

5.10.020 _ Legal authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act MAUCRSA)) (which combined the Medical Cannabis Regulation and Safety Act (hereinafter '"MCRSA");") and the Gontrol, Regulate and Tax Adult Use Marijuana Act (hereinafter "AUMA")).), the city of Blythe is authorized to adopt ordinances that among other matters establish standards, requirements and regulations for local licenses and permits for medical/nonmedical cannabis and medical/nonmedical cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the stateState of California, or any of its departments or divisions, shall be the minimum standards applicable in the city of Blythe to medical/nonmedical cannabis, and/or medical/nonmedical cannabis-related activity.

5.10.030-_ Cannabis cultivation and commercial cannabis business activities prohibited unless specifically authorized by this chapter.

5.10.040 _ Compliance with laws.

It is the responsibility of the owners and operators of the commercial cannabis business to ensure that itthe business is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this titlechapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and Redline of Chapter 5.10 - Page 1
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the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, the 2008 Atterney General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Nothing in this fiflechapter shall be construed as authorizing any actions which violate federal or state law regarding the operation of a commercial cannabis business.

5.10.050 _ Definitions.

When
Unless otherwise defined herein, the words used in this title, the following words chapter shall have the meaningssame definitions ascribed to them as set forth herein-in Division 10 of the Business and Professions Code. Any reference to California statutes includes any regulations promulgated therender, including, but not limited to, the regulations issued by the Department of Cannabis Control, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

A. 'Cannabis"" means all parts of the cannabis sativa linnaeus, cannabis indica, of cannabis ruderalis, or any other strain or varietal of the genus cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from marijuana. "cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis'"" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, mirain For the rake or he chate, ananda: 0s not
mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

B. 'Cannabis concentrate"" means manufactured cannabis that has undergone a process to concentrate the cannabineidone or more active ingredientcannabinoids, thereby increasing the product'sproduct's potency. An edible medical/nonmedical cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

C. 'Cannabis product"" means a product containing medical or nonmedical cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use Marijuana Act AUMA. For purposes of this title, "chapter, "medical/nonmedical cannabis. does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

D. 'Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. The plant Redline of Chapter 5.10 - Page 2
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canopy does not need to be continuous on any premisepremises in determining the total square footage which will be subject to tax.

E. 'Caregiver"" or "primary caregiver'". has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. . "City' or "city Chief of Blythe" meanspolice"
G. City" shall mean the City of Blythe, a California general law city.

H. "City manager" shall mean the city manager of the city, including his or her designee. "Code" shall mean the Blythe Municipal Code.

J. "Commercial cannabis activity. includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of medical/nonmedical cannabis or a medical/nonmedical cannabis product, within the meaning of California Business and Professions Code section_19300.5 and/or California Business and Professions Code section 26050, et seq.

H. "K. "Commercial cannabis business'" means any business or operation which engages in either/or medical or nonmedical commercial cannabis activity. 1- "L. "Commercial cannabis business permit'" or "permit" means a regulatory permit issued by the city of Blythe pursuant to this titlechapter to a commercial cannabis business, and is required before any medical/nonmedical commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business'business's ongoing compliance with all of the requirements of this titlechapter and any regulations adopted by the city governing the commercial cannabis activity at issue. "M. "Cultivation'' means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including marijuana. Indoor cultivation is limited to cultivation using exclusively artificial lighting, while outdoor cultivation is limited to cultivation using no artificial lighting. Mixed-light cultivation, or cultivation that uses a combination of natural and supplemental artificial light, is considered outdoor cultivation for purposes of this chapter.

K. "N. "Cultivation site means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid commercial cannabis business permit for cultivation from the city ef Blythe and a valid state license to cultivate cannabis as required by state law.

L. "Dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the city of Blythe authorizing the operation of a dispensary, and a valid state license as required by state law to operate a dispensary or microbusiness.

M. "O. "Department" or "DCC" means the State of California Department of Cannabis Control and includes any successor department or agency thereto.

P. "Dispensing-- means any activity involving the retail sale of medical/nonmedical cannabis or medical/nonmedical-cannabis products from a dispensarystorefront retailer.

N. "Q. "Distribution'" means the procurement, sale, and transport of medical/nonmedical cannabis or medical/nonmedical cannabis products between entities licensed Redline of Chapter 5.10 - Page 3
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pursuant to MCRSA, AUMA-and any subsequent state of California legislation regarding the samestate law.
"R. "Distributor'" means a person holding a valid commercial cannabis business permit for distribution issued by the city of Blythe, and; a valid state license for distribution, required by state law to engage in the business of purchasing medical/nonmedical cannabis from a licensed cultivator, or medical/nonmedical cannabis products from a license manufacturer, for sale to a licensed dispensary.

P. "S. "Dried flower means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

Q. "I. "Edible cannabis product means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. "U. "Live plants"" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.

S. "V. "Manufacturer' means a person that conducts the production, preparation, propagation, or compounding of manufactured medical/nonmedical cannabis, as defined in this sectienchapter, or medical/nonmedical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages medical/nonmedical cannabis or medical/nonmedical cannabis products or labels or relabels its container, where the operator holds a valid commercial cannabis business permit for manufacturing from the city of Blythe and, after January 1, 2018 or as soon as permitted by the state granting agency, department or division, a valid state license for manufacturing pursuant to MORSA and/er AUMAand a valid state license issued by the department.

T. "W."Manufactured cannabis means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.

U. "X. "Manufacturing site. means a location that produces, prepares, propagates, or compounds medical/nonmedical cannabis or medical/nonmedical cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the city of Blythe-and, a valid state license as required for manufacturing of medical/nonmedical cannabis products.

V. "Y. "Marijuana' means 'cannabis,"" as that term is defined in this titlechapter.

W. "Z. "Microbusiness'. shall have the same definition as California Business and Professions Code Sectionsection 26070(a)(3)(A), as it may be amended, and which means a business that engages in the cultivation of cannabis on an area less than ten thousand square feet and permitted to act as a licensed distributor, Level 1 manufacturer, and retailer under the California Business and Professions Code and this Titlechapter, provided such licensee can demonstrate compliance with all requirements imposed by the California Business and Professions Code and this titlechapter on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.

X. "AA. "Patien'" or '"'qualified patient, shall have the same definition as Califomia Health and Safety Code Sectionsection 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Sectionsection 11362.5. For purposes of this chapter, qualified patient shall Redline of Chapter 5.10 - Page 4
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include a person with an identification card, as that term is defined by California Health and Safety Code Sectionsection 11362.7 et seq.

BB. Y. ''Person means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

CC. Z. "Person with an identification card"" shall have the meaning given that term by California Health and Safety Code Sectionsection 11362.7.

DD. AA. "Premises" means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity as defined in subdivision (f) of Section 19300.5 of the California Business and Professions Code, will be or is conducted. The premises shall be a contiguous are-and shall only be occupied by one ticenselicensee.

EE. "BB.— "State license means a permit or license issued by the state of California, or one of its departments or divisions, under MORSA or AUMAdepartment to engage in commercial cannabis activity.

FF. "GG."Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

GG. "ĐĐ "Testing laboratory" means a facility, entity, or site in the city of Blythe that offers or performs tests of medical/nonmedical cannabis or medical/nonmedical cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state.

Registered with the State Department of Public Health, and is owned and operated by a person issued a valid commercial cannabis business permit for laboratory testing from the city of Blythe-and a valid state license (type 8) for laboratory testing as required by state law.

HH. "EE. "Youth center""" shall have the same meaning as set forth in California Health and Safety Code Sectionsection 11353.1*,

5.10.060_= Commercial cannabis business permit required to engage in commercial cannabis business.

No person may engage in any commercial cannabis business or in any commercial cannabis activity within the city of Blythe including, but not limited to, cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, delivery or sale of medical/nonmedical cannabis or a medical/nonmedical cannabis product unless the person both:
(1) has a valid commercial cannabis business permit from the city-of Blythe; and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the specific type of commercial cannabis business and the commercial cannabis business activities, including the duty, but not limited to-obtain any required, holding a valid state licenseslicense therefor.

5.10.070 - Cannabis employee permit required.

A. Any person who is an employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable state law. Employees and workers at businesses that are permitted by the city of Blythe as cannabis business cultivators, manufacturers, distributors, or delivers that are operating pursuant to Health and Safety Gode Section 11362.775(a) as collectives of Redline of Chapter 5.10 - Page 5
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cooperatives until that subsection is repealed must be qualified patients or primary caregivers as required by state taw.

B. Any person who is an employee or who otherwise works within a commercial cannabis business must obtain a commercial cannabis employee work permit from the city prior to performing any work at any cannabis business.

C. Applications for a commercial cannabis employee work permit shall be developed and made available by the city-of Blythe, and shall include, but not be limited to, the following information:

1. Name, address, and phone number of the applicant
. Age and verification of applicant. A copy of birth certificate or other proof that th applicant is at least twenty-one years of age must be submitted with the application;

3. Name, address of the commercial cannabis businesses where the person will be

4. applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing;
The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the city manager-or his/her designee(s)::

A signed statement under penalty of perjury that the information provided is true and correct;

7. If applicable, verification that the applicant is a qualified patient or primary caregiver; and

8. APayment of a fee-paid in an amount set by resolution of the city council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is non-refundable and shall not be returned in the event the work permit is denied or revoked.

D. The chief of police er his or her designee shall review the application for completeness, and shall conduct a background check to verify the criminal record, and shall contact previous employers from which the applicant was fired, resigned in order to determine whether the applicant-was:

Has been convicted of a crime or left a previous employer for reasons that showshows the applicant:

1. Is is dishonest or untrustworthy;

2. 3.

4. 5.
mariuana for which the underlying cannabis or marijuana offense has Redline of Chapter 5.10 - Page 6
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subsequently been designated a misdemeanor or infraction or decriminalized pursuant to the provisions of AUMA or federal law shall not be considered.

Discovery of these facts showing that the applicant is dishonest or untrustworthy of has been convicted of thesethese types of crimes areis grounds for denial of the permit.

E. The city manager shall issue the commercial cannabis work permit or a written denial to the applicant within ninety days of the date the application was deemed complete:, provided, however, that failure to do so shall not result in the application being deemed approved.

F. A work permit shall be valid for a thirty-six month period and must be renewed sixty days prior to expiration. Renewal applications shall contain all the information requirec in subsection BC above including the payment of a renewal application fee in ar amount to be set by resolution of the city council.

G. In the event a person changes employment from one commercial cannabis business in the city to another, the work permit holder shall notify the city manager or his/her designee(s) in writing of the change within ten days, or the work permit shall be suspended or revoked and such person shall not be permitted to work at any commercial cannabis business in the city.

H. The city may immediately revoke the commercial cannabis work permit should the permit holder be convicted of a crime listed in subsections G and D-abovethis section or if facts become known to the city manager-er his/her designee that the permit holder has engaged in activities showing that he or she is dishonest or untrustworthy.

1. The city manager-or his/her designee(s) is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements.

J. The applicant may appeal the denial or revocation of a commercial cannabis work permit by filing a notice of appeal with the city clerk within ten days of the date the applicant received the notice of denial, which appeal shall be conducted as set forth in Sections 5.10.150 and140 through 5.10.160 of this titlechapter.

The city manager-or his or her designee shall issue a permit in the form of a personal identification card that shall be worn by the employee. The personal identification card shall be worn approximately chest-high on theirthe employee's outermost garment, in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.

L. If the holder of an employee work permit fails to timely renew his/her permit, the permit will cease to be valid and he/she will be required to submit an application for a new permit, if desired as provided above. In addition to any administrative proceedings, it shall be a misdemeanorunlawful for any person to engage in any type of employment activity with a cannabis related business without a valid employee permit.

5.10.080 _ Maximum number and type of authorized commercial cannabis businesses permitted.

A. The total number of each type ofadult (A-license) and/or medical (M-license) commercial cannabis business that shallmay be permitted to operate inwithin the cit at any one given time shall beare as follows, provided, however, that in no event shal the total number of cannabis retail uses, including type 10 or as part of a type 12 microbusiness, exceed two:

A. Dispensaries and/or miero businesses: Maximum of two; B. Cultivation: Unlimited number permitted;
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6. Manufacturing: Unlimited number permitted;
D. Testing: Maximum of twe;
E. Distribution: Unlimited number permitted.

Section 5.10.0801. Cannabis distributor (includes license classification type 11):
unlimited;

2. Cannabis manufacturer (includes license classification type 6 and 7): unlimited;

3. Cannabis testing laboratory (includes license classification type 8): maximum of tWo;

4. Cannabis retail-storefront (includes license classification type 10) and/or microbusiness holding a retail storefront license (includes license classification 12): total maximum of two;

5. Cannabis retail-non-storefront delivery only (includes license classification type 9): prohibited:

6. Cannabis microbusiness (includes license classification type 12): prohibited unless one of the three license types held is retail storefront: total maximum of two;

5.10.300(F). The delivery of cannabis or cannabis products within the city by any cannabis business or any person located outside of the city is prohibited.

C. Businesses permitted pursuant to this chapter shall not engage in the retail sale. delivery or dispensing of cannabis, cannabis product, hemp or hemp products unless expressly permitted to do so pursuant to the terms of their cannabis business permit.

D. No person may engage in any type of cannabis business that is not specifically authorized pursuant to this chapter.

E. This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category.

Nothing in this titlechapter creates a mandate that the city council-must issue any or all of the commercial cannabis business permits if whether or not it is determined that the applicants do or do not meet the standards which are established in the application requirements or further amendments to the application process.

5.10.090 - Initial application procedure.

A. The city council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made inal recommendation intal evil count of the applicants, and to ultimately provide a each applicant shall pay an application fee established by resolution of the city council, to cover all costs incurred by the city in the application process.

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C. After the initial review the city manager er his designee-will make a recommendation to the city council, and the city council shall make a final determination in accordance with Section 5.10.090170.

D. The City's Reservation of Rights. D. The city reserves the right to reject any or all applications. The city may also modify, postpone, or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other justification provided, including a failure to comply with other requirements in this chapter, an application may berisks being rejected for any of the following reasons:

Proposal received after designated time and date.

2. Proposal not containing the required elements, exhibits, nor organized in the required format.

3. Proposal considered not fully responsive to thisthe request for permit application.

Proposal contains excess or extraneous material not called for in the request for permit application.

5.10.100 - Expiration of commercial cannabis business permits.

5.10.110 - Revocation of permits.

Commercial cannabis business permits may be revoked for any violation of any applicable law-andler any, rule, regulation and/or standard, including, but not limited to, those adopted pursuant to this Section 5.10.130 chapter.

5.10.120 _ Renewal applications.

A. An application for renewal of a commercial cannabis business permit shall be filed at least sixty calendar days prior to the expiration date of the current permit.

B. The renewal application shall contain all the information required for new applications.

C. The applicant shall pay a fee in an amount to be set by the city council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter.

D. An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists:

The application is filed less than sixty days before its expiration.

2. The commercial cannabis business permit is suspended or revoked at the time of the application.

3. The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.

4. The commercial cannabis business has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.

5. The permittee fails or is unable to renew its stateState of California license.

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If the city or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the city's municipalthis code, or of the state rules and regulations, and the city or state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit.

E. The city manager-or his designee is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager or his designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager or his designee shall be handled pursuantare subject to Section 5.10.140.

F. If a renewal application is rejected, a person may file a new application pursuant to this chapter no sooner than one year from the date of the rejection.

5.10.130 - Effect of state license suspension, revocation, or termination.

Suspension of a license issued by the stateState of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the stateState of California, or its respective department or division, reinstates or reissues the state license. Should the stateState of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a medical/nonmedical cannabis business to operate within the city of Blythe.

5.10.140 - Appeals from decisions of the city manager or his designee under this chapter.

Unless specifically provided elsewhere-to the contrary elsewhere in this code, whenever an appeal is provided for in this chapter from a decision of the city manager-or his or her designee, the appeal shall be conducted as prescribed in this section. chapter. The suspension and/or revocation of a permit based on the suspension and/or revocation of a license issued by the state pursuant to Section 5.10.130 shall not be an appealable decision pursuant to this chapter.

5.10.150 - Written request for appeal.

A. Within ten calendar days after the date of a decision of the city manager-or his designee(g) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

B. At the time of filing, the appellant shall pay the designated appeal fee, as established by resolution of the city council from time to time.

5.10.160 - Appeal hearing.

A. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo, and shal conduct the hearing pursuant to the procedures set forth by the city.

B. The appeal shall be held within a reasonable time after the filing of the appeal in the discretion of the city manager.

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D. At the conclusion of the hearing, the city council may affirm, reverse, remand or modify the decision appealed. The decision of the city council shall be final and judicial review thereof shall be subject to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

5.10.170 _ Permittee selection process.

C. The city council shall either deny or approve the final candidates and shall select the top candidates in each category of the commercial cannabis businesses. The city council'scouncil's decision as to the selection of the prevailing candidates shall be D. Official issuance of the commercial cannabis business permits), however, is conditioned upon the prevailing candidate(s) obtaining all required land use approvals.

Following the council'scouncil's selection, the prevailing candidate(s) shall apply to the city'scity's planning department to obtain any required land use approvals or entitlements for the permittee'spermittee's location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. theThe city manager shall formally issue the commercial cannabis business permits) once the city manager and planning and building services director both affirm that all of the required land use approvals have been obtained.

E. Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a term of twelve months, and shall expire at the end of the twelve-month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of theapplicable state and local laws and regulations, including, but not limited to, the requirements of this titlechapter and of the permit, have been complied with.

F. Notwithstanding anything in this titlechapter to the contrary, the city council reserves the right to reject any or all applications if it determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the permit, the city council may terminate or delay the program created under this titlechapter.

G. If an application is denied, a new application may not be filed for one year from the date of the denial.

Each person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this titlechapter.

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5.10.180-Change in location; updated registration form.

A. Any time the dispensing, cultivation, manufacturing, - Permit-non-assignable and distribution location specified in the regulatory permit is changed, the applicant shall re register with the city manager. The precess and the fees for re registration shall be the same as the process and fees set forth for registration in Sections 5.10.090 and 5.10.120.

B. Within fifteen calendar days of any other change in the information provided in the registration form or any change in status of compliance with the provisions of this chapter, including any change in the-non-transferable.

A commercial cannabis business permit issued under this chapter is valid only to the approved permittee at the specified approved location, and is therefore non- transferable to other persons, entities, projects or locations, without the filing of a new application.

B. No commercial cannabis business permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities. In the event a permittee desires to sell or transfer the business to a new owner and/or operate the business under a new entity and/or name not listed on the commercial cannabis business permit, the new owner must first obtain a new commercial cannabis business permit prior to commencing or continuing operations.

C. A commercial cannabis business shall be deemed to have transferred to a new owner within the meaning of the prohibition of this section if the natural person(s) and/or the entity(ies) with controlling interest at the time the commercial cannabis business permit was first issued either ceases) at any time to possess controlling ownership interest or possesses an ownership interest of less than 51%. When a corporate entity. including, but not limited to, one set forth in California Corporations Code section 28034, has an ownership interest in a commercial cannabis business, for purposes of determining whether or not a prohibited transfer has occurred notwithstanding the fact that the corporate entity itself retains its ownership interest, all entities and individuals with a financial interest in the entity shall be considered as having a controlling interest in the commercial cannabis business, including, but not limited to, all entities in a multilayer business structure, as well as the chief executive officer, members- of the board of directors, partners, trustees and all persons who have control of a trust, and managing members or nonmember managers of the entity, as applicable.

D. To obtain a new commercial cannabis business permit as required pursuant to this pursuant to Section 5.10.090 and applicable regulations established pursuant to Section 5.10.350 and pay the applicable fee established by resolution of the city manager for reviow along with a registration amendment fee, as set forth in Sectionscouncil.

5.10.190 - Change in location of commercial cannabis business.

B. For all commercial cannabis business permits, no permittee shall change the location of the commercial cannabis business specified in the permit unless and until the Redline of Chapter 5.10 - Page 12
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change of location is approved by the city and the commercial cannabis business permit is amended accordingly.

C. To change the location of a commercial cannabis business, the permittee shall comply with all applicable policies and procedures established by resolution of the city council pursuant to Section 5.10.090 and 5.10.120. applicable regulations established pursuant to Section 5.10.350 and pay the applicable fee as established by resolution of the city council.

5.10.200 - Changes in name of business only.

No permittee may conduct, manage, engage in, or carry on a commercial cannabis business under any name other than the name specified in the commercial cannabis business permit and/or any "doing business as" or "DBA" or "fictitious business name" or "FBN" on file with the County of Riverside and provided in the permit application and/or business license without first obtaining approval to amend the commercial cannabis business permit. Any approved changes and/or updates to the commercial cannabis business permit shall require payment of fees as set by resolution of the city council.

5.10.210 - City business license.

Prior to commencing operations, a commercial cannabis business shall obtain a city of Blythe business license.

5.10.200220 - Building permits and inspection.

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection, and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permits), fire marshallmarshal approvals, health department approvals and other zoning and land use permits) and approvals.

5.10.210 Certification from the planner or designee:

Prior to commencing operations, a commercial cannabis business must obtain a certificatien from the planner or designee certifying that the business is located on a site that meets all of the requirements of the city's zoning and municipal code, including Section

17.08.740 (Commercial cannabis related uses and activities).

5.10.2205.10.230 - Right to occupy and to use property.

As a condition precedent to the eity'scity's issuance of a commercial cannabis business permit pursuant to this chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the operation of the commercial cannabis business on the owner'sowner's property.

5.10.230240 - Limitations on city'scity's liability.

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To the fullest extent permitted by law, the city-of Blythe shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:

A. They must executeExecute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant'sapplicant's sole cost and expense and with attorneys of city's choosing), and hold the city-of Blythe, and its officers, officials, employees, representatives, and agents, harmless; from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city'scity's issuance of the commercial cannabis business permit, the city'scity's decision to approve the operation of the commercial cannabis business or activity, tethe process used by the city in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city attorney.

C. Reimburse the city of Blythe-for all costs and expenses, including but not limited to atterney, attorneys' fees and costs and court costs, which the city of Blythe-may be required to pay as a result of any legal challenge related to the city'scity's approval of the applicant'sapplicant's commercial cannabis business permit, or related to the city'scity's approval of a commercial cannabis activity, and otherwise set forth in subsection A. The city of Blythe-may, atin its sole discretion, participate at its own initial expense in the defense of any such action, but such participation shall not relieve any of the reimbursement obligations imposed hereunder.

5.10.240250 - Records and recordkeeping.

A. Each owner and operator of a commercial cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid.

C. Each commercial cannabis business shall maintain a record of all persons, patients, cellectives and primary caregivers served by the commercial cannabis business, for a period of no less than four years.

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D. All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase by or distribution to a qualified patient, primary caregiver for medical purpose or an adult twenty one years of age or older who qualifies to purchase nonmedical cannabis as set forth in AUMAperson authorized to purchase or receive such cannabis.

E. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA) regulations, each commercial cannabis business shall allow city of Blythe officials to have access to the business'sbusiness's books, records, and accounts, no later than twenty-four hours after receipt of the city'scity's request, unless otherwise stipulated by the city.

5.10.250260 - Security measures.

2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

Installing twenty-four-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, and all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera'scamera's footage is remotely accessible by the chief of police and the Blythe police department, and that it is compatible with the city'scity's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the chief of police and the police department. Video recordings shall be maintained for a minimum of forty-five days, and shall be made available to the city manager or his designee-upon request.

5. Sensors shall be installed to detect entry and exit from all secure areas.

Panic buttons shall be installed in all commercial cannabis businesses.

7. Having a professionally installed, maintained, and monitored alarm system.

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8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

Security personnel must be licensed by the stateState of California Bureau of Security and Investigative Services persennel and shall be subject to the prior review and approval of the chief of police-or histher designeefs)., with such approval not to be unreasonably withheld.

B. Each commercial cannabis business shall identify a designated security representative/liaison to the city-of Blythe, who shall be reasonably available to meet with the chief of police or his/her designee regarding any security related measures or and operational issues.

5.10.260270 - Restriction on alcohol sales.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business.

5.10.280- Fees and charges.

No person may commence or continue any commercial cannabis activity in the city, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.

All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis businesses shall cooperate with city with respect to any reasonable request to audit the commercial cannabis business'business's books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.

6. CouncilThe city council may approve a cannabis master development agreement that controls the terms of such a business park, facility or center.

5.10.290__ Miscellaneous operating requirements: applicable to all commercial cannabis businesses.

A. Hours of Operation. GemmercialRetail commercial cannabis businesses operating as dispensaries may be open for access to the public only between the hours of six a.m. and ten p.m. Monday through Sunday-
unless reduced hours are specified in the commercial cannabis business permit. Other commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permits issued by the city.

B. Restriction on Consumption. Cannabis shall not be consumed into the human body on the premises of any commercial cannabis businessesbusiness.

C. Except for depictions of the cannabis leaf, no cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of Redline of Chapter 5.10 - Page 16
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any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

D. Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the eity'scity's record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager or his/her designee prior to being used by the permittee.

There shall not be any firearms on the permitted premises by an owner, manager, employee, volunteer or vendor other than those individuals authorized as a state licensed security personnel and have been approved by the chief of police or his designee._
G. There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medical marijuana prescription or card where applicable.

1. Emergency Contact. Each commercial cannabis business shall provide the city manager er his/her designee(s) with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

J. Signage and Notices.

1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the Blythe Municipal Cedethis code, including, but not limited to, seeking the issuance ofobtaining a city sign permit.

Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises of any commercial cannabis businesses or elsewhere in the Gity of Blythecity other than within private residences is prohibited.

Except for temporary banners, no banners, flags, or other prohibited signs shall be used at any time.

5. Holders of commercial cannabis business permits agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the Redline of Chapter 5.10 - Page 17
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permit shall be prohibited from advertising any commercial cannabis business located in the City of Blythecity utilizing a billboard (fixed or mobile) within the city within fifteen miles of an interstate, or on a bus shelter, placard, aircraft, or other similar forms of advertising anywhere within city limits. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

K. Minors.

1. Persons under the age of twenty-one years shall not be allowed on the premises of a non-medical commercial cannabis business, and persons under the age of if the business also has a valid medical cannabis license. It shall be unlawful and a violation of this title for any person to employ any person at a commercial cannabis business who is not at least twenty-one years of age.

L. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the city manager or his/her designee(s) determinedetermines is a more effective method or technology:

An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2. An air system that creates negative air pressure between the commercial cannabis business'sbusiness's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

M. Display of Permit and City Business License. The original copy of the commercial cannabis business permit issued by the city pursuant to this titlechapter and the city issued business license shall be posted inside the commercial cannabis business in a location readily- visible to the public.

N. Background Check. Pursuant to California Penal Code Sectienssections 11105(b)(11) and 13300(b)(11), which authorizes city autherities to access state and local summary criminal history information for employment, licensing, or certification purposes; and Redline of Chapter 5.10 - Page 18
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authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee or volunteer, of the commercial cannabis business must submit fingerprints and other information deemed necessary by the chief of police or his/her designee(s) for a background check by the Brythe Police Department.

Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing of certification based on specific criminal conduct on the part of the subjest of the recordfor a background check by the Blythe police department.

No person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the chief of police, as required by this sectionchapter. A fee for the cost of the background investigation, which shall be the actual cost to the Gity of Blythecity to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.

0. Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty feet of the premises.

Q. If a commercial cannabis business permittee is operating a6 a cellective or cooperative under Health and Safety Code Section 11362.775, subdivision (a), members of the applicant authorized to possess cannabis shall sign an agreement with the commercial eannabis business which states that members shall not distribute cannabis or cannabis products to nen members or in violation of the "Memorandum for all United States Attorneys, " issued by the United States Department of Justice, from James M. Gole, Deputy Atterney General and any other applicable state and federal laws, regulations, of guidelines.

R. If the commercial cannabis business permittee is operating as a collective or cooperative under Health and Safety Code Section 11362.775, subdivision (a), the commercial cannabis business shall terminate the membership of any member violating any of the provisions of this title.

S. The city manager or his/her designee. Additional Requirements. The city manager may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

5.10.300-Operating. - Additional operating requirements for dispensaryretailers.

Owners and operators are required to verify the age and the necessary documentation of each medical customer to ensure the customer is not under the age of eighteen years, and to verify that the potential customer has a valid doctor'sdoctor's recommendation. Doctor recommendations are not to be obtained or provided at the Redline of Chapter 5.10 - Page 19
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dispensarystorefront retailer. Any retail customer who purchases cannabis or cannabis products for nonmedical use shall verify that they are at least twenty-one years of age or older at the time of purchase.

B. Entrances into the dispensarystorefront retailer shall be locked at all times with entry strictly controlled. A "buzz-in. electronic/mechanical entry system shall be utilized to limit access to and entry to the dispensarystorefront retailer, to separate it from the reception/lobby area.

C. Uniformed licensed security personnel shall be employed and will be required to carry a firearm to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. The chief of police chief at his/her discretion may modify or amend the requirement of requiring security personnel to carry a firearm which shall be specified in the terms of the regulatory permit.

D. DispensariesStorefront retailers may have on-site, in the retail sales area of the dispensarystorefront retailer, only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale.

E. All restroom facilities shall remain locked and under the control of management.

F. Additional operating requirements for retail-storefront businesses providing delivery of cannabis or cannabis products. Every business that sells and/or delivers cannabis and/or cannabis products as a storefront retailer shall comply with the following requirements:

Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the city in compliance with this chapter, and in compliance with all state regulations.
vil All employees who deliver cannabis shall have valid identification and a copy of the retail business's cannabis business permit and state license at all times while making deliveries.

3. All commercial cannabis retail businesses shall obtain and maintain at all times during the term of the permit comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than two million dollars ($2,000,000.00) aggregate for each personal injury liability and each accident, issued by an insurance provider rated at least A-:VIlI in A.M. Best and Company's Insurance Guide and either admitted and authorized to do business in California or is listed on the California Department of Insurance's List of Approved Surplus Line Insurers. The city shall be named as an additional insured on such insurance policy and a certificate of such insurance shall be provided to the city prior to commencing operations.

4. Deliveries may only take place during normal business hours of the commercial cannabis retail business.

A licensed delivery employee shall not leave the State of California while possessing cannabis products while performing his or her duties for the cannabis retailer.

A commercial cannabis retail business shall maintain a list of all deliveries. including the address delivered to, the amount and type of product delivered, and any other information required by the state.

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8. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours.

9. Any delivery method shall be made in compliance with state law, as amended including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient).

C. The date and time the delivery request was made.
d. The complete delivery address.
e. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested.
f. The total amount paid for the delivery including any fees or taxes.

At the time of the delivery, the date and time the delivery was made, and the signature of the person who received the delivery.

11. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement.

12. Inspections by an authorized city representative may be conducted anytime during regular business hours.

13. Delivery must be made to a physical address that is not on publicly owned land. a school, a day care, or a youth center.

15. Delivery must be made in person by a direct employee of the licensed retailer.

An independent contractor, third-party courier service, or an individual employed through a staffing agency shall not be considered directly employed by the licensed retailer.

5.10.310 - Operating requirements for cultivation facilities.

A. Outdoor Cultivation Prehibited.

A. The cultivation of all cannabis must occur indoors. All outdoor cultivation is prohibited.

B. In no case; shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

C. Association with Dispensaries. If a dispensarystorefront retailer is authorized to include cultivation activities, the dispensarystorefront retailer may have only one cultivation site upon which cannabis is cultivated, produced, stored, harvested, manufactured, or packaged, and each of the dispensarystorefront retailer and the cultivation site must be separately permitted pursuant to this titlechapter.

D. If the commercial cannabis business permitted by the city as a cultivater is operating as a collective or cooperative under Health and Safety Code Section 11362.776, subdivision (a), the commercial cannabis business shalt not allow more medical cannabis plants or plants per member of a commercial cannabis business than the amounts permitted pursuant to state law, to be cultivated at the commercial cannabis business premises. If a nonmedical cultivation is permitted-in, then the eity of Blythe than itbusiness shall only-be allowed to cultivate the square feet of canopy space permitted by state law.

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E. Cannabis cultivation shall be conducted in accordance with state, local, and federal laws, rules and regulations related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

F. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

G. In no case, shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site.

H. The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated.; to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

All applicants for a cannabis cultivation permit shall submit the following in addition to the information generally otherwise required for a commercial cannabis business:

2. A description of a legal water source, irrigation plan, and projected water use.

3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.

4. Plan for addressing odor and other public nuisances which may derive from the cultivation site.

5.10.340320 - Cannabis manufacturing: Ediblesedibles and other cannabis products; sale or distribution of edible and other cannabis products.

The manufacturing of food or other products infused with or which otherwise contain cannabis may be manufactured within the appropriate manufacturing zoning districts as described in Chapter 17.63E (Commercial Cannabis Related Uses and Activity) of Title 17 of this code, subiect to the regulations set forth in this chapter, and subject to whatever additional regulations may be promulgated hereunder by an ordinance or resolution of the city council.

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5.10.350330 - Packaging and labeling.

A. Before a commercial cannabis manufacturer delivers any edible cannabis or edible cannabis product to a dispensarystorefront retailer, the same shall be labeled and placed in tamper-evident packaging which at least meets the requirements of California Business and Professions Code Sectionsection 19347, as the same may be amended from time-to time to time or superseded or replaced by subsequent state legislation or by any department or division of the stateState of California.

B. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a commercial cannabis manufacturer.

C. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package.

D. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.

E. The package must have a label warning that the product is to be kept away from children.

F. The label must also state that the product contains cannabis and must specify the date of manufacture.

The city council may impose additional packaging and labeling requirements on cannabis or cannabis products by resolution, as permitted by law.

5.10.360340 - Operating requirements for cannabis manufacturing (levels one and two):

Extractionextraction, etc.

Cannabis manufacturing facilities requiring a Type-type 6 or Type-type 7 state license (using non-volatile and volatile solvents)), as defined in California Business and Professions Code Sectionsection 19341, may be permitted to operate within those zone districts as defined in Chapter 17.63E in Planning(Commercial Cannabis Related Uses and Zoning Regulations, Activity) of the cityTitle 17 of Blythe Municipal Cedethis B. Any compressed gases used in the manufacturing process shall not be stored on any property within the city of Blythe in containers that exceed one hundred fifty pound tanks in size. Each site or parcel subject to a commercial cannabis permit shall be limited to a total of eight tanks on the property at any time.

C. Cannabis manufacturing facilities are limited to certain methods, equipment, solvents, gases and mediums when creating cannabis extracts.

These solvents must be of at least ninety-nine percent purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents, work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

Any extraction process must use a professional grade closed loop 6O _CO2 gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch. The GO CO2 must be of at least ninety-nine percent purity.

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F. Closed loop systems for hydrocarbon or GO COz extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

G. Certification from a licensed engineer must be provided to the community development department for professional grade closed loop systems used by any cannabis manufacturing system to certify that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, such as:

The American Society of Mechanical Engineers (ASME);

2. American National Standards Institute (ANSI);

3. Underwriters Laboratories (UL); or

Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the fire department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.

J. Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

M. Parts per million for one gram of finished extract cannot exceed five hundred parts per million of residual solvent or gas when quality assurance tested.

5.10.370350 - Promulgation of regulations, standards and other legal duties. overning the issuance, denial or renewal of commercial cannabis business permits he ongoing operation of commercial cannabis businesses and the city'scity' B. Regulations prallgatel been thy minager shal become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or

5.10.380360 - Community relations.

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A. Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis business.

B. The owner, manager and community relations representative from each commercial cannabis business shall meet with the city manager or his/her designee(s) yearly or as requested by the city manager-or his/her designee to discuss the costs, benefits and other community issues arising as a result of implementation of this titlechapter.

Commercial cannabis businesses to which a permit is issued pursuant to this chapter shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

5.10.390370 - Fees deemed debt to cityCity of Blythe.

The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the city of Blythe that is recoverable via an authorized administrative process as set forth in the municipalthis code, or in any court of competent jurisdiction.

5.10.400380 - Permit holder responsible for violations.

The person to whom a permit is issued pursuant to this chapter shall be responsible for all violations of the laws of the state of California or of the regulations and/or the ordinances of the ity of Blythelaw, including, but not limited to, this code, whether committed by the permittee o ny employee or agent of the permittee, which violations occur in or about the premises of th commercial cannabis business whether or not said violations occur within the permit holder's presence. holder's presence. Nothing contained herein shall relieve the owner or lessee of the real property from responsibility for any violation of law occurring thereon.

5.10.410390 - Inspection and enforcement.

A. The city manager or his/her designee(s) areis charged with enforcing the provisions of the Blythe Municipal Cedethis code, or any provision thereof, and may enter the location of a commercial cannabis business at any time during the hours of operation without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of state law.

It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law.

C. The city manager-or his/her designee(s) charged with enforcing the provisions of this chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the city of Blythe shall be logged, Redline of Chapter 5.10 - Page 25
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recorded, and maintained in accordance with the police department standards for evidence.

5.10.420400 - Concurrent regulation with state.

It is the stated intent of this chapter to regulate commercial cannabis activity in the city of Blythe-concurrently with the stateState of California.

5.10.430410 - Violations declared a public nuisance.

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance.

5.10.440420 - Each violation a separate offense.

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Blythe Municipal Gode-this code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city of any monies unlawfully obtained, costs of abatement, costs of investigation, attorneyattorneys' fees, and any other relief or remedy available at law or in equity. The city-of Blythe may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with and/or acting in concert with, the commercial cannabis activity.

Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, his/her designee, or the chief of police-chief or his/her designee, may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the city council.

5.10.450430 - Criminal penalties.

Each and every violation of the provisions of this chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars or imprisonment in the county jail for a period of not more than twelve months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

5.10.460440 - Remedies cumulative and not exclusive.

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

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SUCCESSOR
AGENCY
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MINUTES

BLYTHE SUCCESSOR AGENCY
December 13, 2022
The December 13, 2022 meeting of the Blythe Successor Agency was called to order by Chair DeConinck. Also in attendance were Vice Chair Rodriguez and Board Members Reynolds, Halby, and Burton. Staff in attendance included Board Secretary Crecelius and other agency staff.

NEW BUSINESS:

Recognized Obligation Payment Schedule and Administrative Budget for FY 23/24.

Finance Director Elms stated staff has prepared the Recognized Obligation Payment Schedule known as the ROPS as shown in Attachment A and an administrative budget shown in Attachment B. The ROPS and administrative budget were prepared for the enforceable obligation period of July 1, 2023 through June 30, 2024. Items listed on the ROPS for funding are routine and enforceable obligations of the Successor Agency and include debt payments for bond issuance, trustee's fees, maintenance costs for properties set to be disposed of per the Agency's Long Range Property Management Plan and the City's eligible administrative costs. It is recommended the Board adopt Resolution No. SA 2022-001, approving the ROPS and administrative budget for an enforceable obligation period of July 1, 2023 through June 30, 2024 and further authorize staff to submit the Agency's ROPS and administrative budget to the Riverside County Oversight Board and the Department of Finance for Review and Approval No public comment. Vice Chair Rodriguez moved approval of Resolution No. SA 2022-001. The motion was seconded by Board Member Burton with a unanimous aye vote.

RESOLUTION NO. SA 2022-001. A RESOLUTION OF THE SUCCESSOR AGENCY TO THE BLYTHE

REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 AND TAKING RELATED ACTIONS IN CONNECTION THEREWITH.

ADJOURN:

There being no further business to come before the Board the meeting was adjourned.

Blythe City CouncilJanuary 10, 2023

Blythe City Council
January 10, 2023