BLYTHE CITY COUNCIL
Blythe
*
SOTABLISHED T11D
AGENDA
December 12, 2023
6:00 P.M.
MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA Blythe CITY OF BLYTHE
CITY COUNCIL MEETING
December 12, 2023
ELLASHE 5:30pm
CALL TO ORDER
ROLL CALL
Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attorney Roberto Public Works Director McLaughlin Councilman Reynolds City Treasurer/Finance Director Elms Councilman Halby Fire Chief Hasler
Councilman Burton Chief Building Official Brown
PUBLIC COMMENT: Members of the public may address the City Council only on those items listed on the Closed Session agenda. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration.
CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6. Agency Designated Representative: Mallory Crecelius. Employee Organizations:
Mid-Management and Laborers' Units.
2. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6. Agency Designated Representative: Mallory Crecelius. Unrepresented Employee:
Police Chief.
NOTE TO THE PUBLIC:
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact City Clerk Mallory Crecelius at (760) 922-6161 EXT. 1237. 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 I).
Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made 1 available for Public inspection in the City Clerk's Office at City Hall, 235N. Broadway, Blythe, California during normal business hours. In addition, such writings and documents will be posted on the City's website:
www.cityofblythe.ca.gov.
Blythe Blythe City Council Meeting
December 12, 2023
6:00pm
CALL TO ORDER
ROLL CALL
Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attorney Roberto Public Works Director McLaughlir Councilman Reynolds City Treasurer/Finance Director Elms Councilman Halby Chief Building Official Brown
Councilman Burton Fire Chief Hasler
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 tem 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: (Item 1)
1. Fiscal Year 2022-2023 Audited Financial Statements.
Recommendation: Received and file the City's audited financial statements and related documents for FY 2022-2023.
CONSENT CALENDAR- (Items 2-14)
All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussio of these items prior to the time of voting on the motion unless members of the Council or staff request specific items be discussed and/o 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, December 8, 2023.
3. Approval of the Warrant Register.
Recommendation: Approve 12/12/23, warrants numbered 10408 through 10433 and 77487 through 77553 in the amount of $487,598.63; 12/12/23, Utility Billing Refund warrants numbered 77554 through 77569 in the amount of $966.07 and 12/12/23, warrants numbered 10434 through 10441 and 77570 through 77606 in the amount of $703, 106.47.
4. Approval of the Payroll Register.
Recommendation: Approve 12/12/23, warrants numbered 54045 through 54065 and Direct Deposit warrants numbered 57298 through 57367 in the amount of $283, 128.96; 12/12/23, warrants numbered 54066 through 54079 and Direct Deposit warrants numbered 57368 through 57371 in the amount of $41,513.41; 12/12/23, warrants numbered 54080 through 54081 and Direct Deposit warrant numbered 57372 in the amount of $1,233.94; 12/12/23, warrants numbered 54082 through 54083 in the amount of $2,017.84; and 12/12/23, warrants numbered 54084 through 54105 and Direct Deposit warrants numbered 57373 through 57441 in the amount of $303,306.60; 12/12/23, warrant numbered 54106 and Direct Deposit warrants numbered 57442 through 57443 in the amount of $1,702.53 and 12/12/23, warrants numbered 54107 through 54121 and Direct Deposit warrants numbered 57444 through 57538 in the amount of $82,624.82.
Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.
Minutes of the November 14, 2023, City Council Meeting.
Recommendation: Approve the Minutes of the November 14, 2023, Meeting.
6. City of Blythe Permits Issued for the Month of November 2023.
Recommendation: Receive and file this monthly report.
7. City of Blythe Fire Department Monthly Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
8. City of Blythe Police Department Monthly Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
Quality of Life Program Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
10. Annual Report for Community Facilities District No. 2004-1.
Recommendation: Receive and file the Annual Report for CFD No. 2004-1 Special Tax Bonds, Series 2005.
11. Extension of the Temporary Use Permit issued to the California Department of Transportation.
Recommendation: Authorize a twelve-month extension to TUP 2210-001 issued to CalTrans for a testing lab located behind 134 E. Hobsonway for the 1-10 Pavement Rehabilitation Project.
12. Fiscal Year 2024 Patrol Vehicle Purchase.
Recommendation: Establish a budget in an amount not to exceed $376,573; authorize the issuance of purchase order(s) for five (5) vehicles in the amount of $282,939.05 to Elk Grove Auto; authorize the issuance of purchase order(s) in an amount not to exceed $78,733.69 to Innovative Emergency Equipment to upfit the vehicles, authorize the issuance of a purchase order(s) to Signs Unlimited in an amount not to exceed $4,900 for decals and authorize the City Manager to issue additional and/or make minor amendments to purchasing contracts in an amount not to exceed $10,000 for any costs that may arise from equipping and taking delivery of the vehicles.
13. Agreement with R&L Watkins, Inc, for Abatement Services at 226 & 228 S. Main Street.
Recommendation: Authorize the Interim City Manager to enter into Agreement No. 2023-061 A with R&L Watkins, Inc. in an amount not to exceed $62,800, authorize 10% for project contingencies, establish a project budget not to exceed $69,080 and authorize the Interim City Manager to take related actions necessary to abate this site.
14. Continued Participation in the Post-Release Accountability and Compliance Team.
Recommendation: Authorize the Interim City Manager to execute the Memorandum of Understanding for continued participation in the Post-Release Accountability and Compliance Team (PACT), and any future amendments to the MOU once reviewed and approved by the City Attorney.
Pirinspecto cute Gily Clerks 10 a Cry at 2 . Broadlay, Bring, Califormi duting normal business hours. in aditon such writin doms will be posted on the City's website: www.cityofblythe.ca.gov.
PUBLIC HEARING: (Items 15-16)
15. Ordinance No. 923-23 Repealing and Replacing Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code.
Recommendation: Subsequent to the Public Hearing, introduce Ordinance No. 923-23:
ORDINANCE NO. 923-23. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.26 (SIGNS) OF TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE
AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION).
16. Ordinance No. 927-23 Repealing and Replacing Chapter 17.78 (Environmental Evaluaiton) of Title 17 (Zoning) of the Blythe Municipal Code.
Recommendation: The City Council, acting as the City's Planning Agency, conduct a public hearing regarding Ordinance No. 927-23.
CONTINUED BUSINESS: (Items 17-18)
17. Save Chuck.
Recommendation: Receive and file a report on Save Chuck.
18. Ordinance Prohibiting the Unlawful Possession of Catalytic Converters.
Recommendation: Introduce Ordinance No. 924-23:
ORDINANCE NO. 924-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING 4 NEW CHAPTER 9.94 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER) TO TITLE 9 (PUBLIC PEACE
VORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT FRON
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION).
NEW BUSINESS: (Items 19-20)
19. Ordinance Adding Section 2.40.030 relating to Level | Reserve Police Officers.
Recommendation: Introduce Ordinance No. 928-23:
ORDINANCE NO. 928-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW SECTION 2.40.030 (RESERVE POLICE OFFICERS) TO CHAPTER 2.40 (RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE BLYTHE
MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE GALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION).
20. Letter Requesting Expansion of Superior Courthouse Hours of Operation.
Recommendation: Provide Direction to staff.
SUCCESSOR AGENCY: (Item 21)
21. Recognized Obligation Payment Schedule and Administrative Budget for FY 24/25.
Recommendation: Adopt Resolution No. SA 2023-001 approving the ROPS and Administrative Budget for FY 24/25 and Direct staff to submit the Resolution to the Countywide Oversight Board.
RESOLUTION NO. SA ENCY APPROVE OR AGENCY TO THE BLYTHE
REDEVELOPMENT AGENCY APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 AND TAKING RELATED ACTIONS IN CONNECTION THEREWITH.
ich inne in documents will be posted on the al, este: wa. bothe Cacaor ible inspe on in the city clerks to ce at Cort Hall, 23G. Croadiay, Brine, Calone outing Agree bullete a c 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 January 9, 2024 at 6:00 p.m. in the Council Chamber, 235 N. Broadway, Blythe, California.
NOTE TO THE PUBLIC:
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at [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).
Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available for Public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.
PRESENTATION
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
**
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Audited Financial Statements for the Fiscal Year 2022-2023 PRESENTED BY: Rich Teaman and Rick Gallo, Teaman, Ramirez and Smith, Inc.
Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: Receive and file the City's audited financial statements and related documents for fiscal year 2022-2023.
FISCAL IMPACT: None
BACKGROUND: The City is required to complete an independent audit of its financial statements at the end of each fiscal year. The audit for the fiscal year 2022-2023 was conducted by Teaman, Ramirez and Smith, Inc. In addition to the audit the independent firm prepares the City's financial statements in conformance with Generally Accepted Accounting Principles. (GAAP). On December 12, 2023, the Finance Committee, Staff, and management from the firm met for a comprehensive review of the audit and financial statements. It is City Council policy per Resolution 09-827 to present the results of the annual audit in an open meeting.
STAFF REPORT: Teaman, Ramirez and Smith, Inc. has completed the fiscal year 2022-2023 audit of the City's financial statements. Staff is pleased to report that the auditor's opinion on the City's fiscal year 2022-2023 financial statements is an "Unmodified Opinion". That is, the auditors have reported, in their opinion, that the financial statements present themselves fairly, in all material respects, as it relates to the respective financial position of the government activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Blythe as of June 30, 2023. This is also referred to as a "Clean Opinion" and is the best audit opinion the City may receive. The financial statements have been prepared assuming the City will continue as a "Going Concern"
Teaman, Ramirez and Smith, Inc. also provided the City with a Governance Report. The Governance Report is intended to provide management and those charged with governance with valuable information regarding the organization. The report discloses significate audit matters, difficulties encountered, corrected or uncorrected misstatements, disagreements with management, audit findings, and other compliance issues that are found. The auditor's report disclosed no difficulties, findings, or noncompliance matters as result of their tests.
In auditing of the financial statements, the auditors consider the City's internal controls over financial reporting to determine the audit procedures that are appropriate for the purpose of expressing an opinion of the financial statements. A deficiency in internal controls may result in material weakness. A deficiency or combination of deficiencies in internal controls may lead to the prevention of, or detection and correction of, misstatements on a timely basis. Pleased to 2 report the auditor's report on internal controls found no deficiency or noncompliance of the City's internal controls.
The City's audited financial statements have been posted on the City's website for the public to view and/or print at http://www.cityofblythe.ca.gov/, in addition a copy may be requested from the City Clerk's Office. Staff have provided all listed attachments to the City Council under separate cover.
ATTACHMENTS:
1. Governance Conclusion Communication Letter
2. Appropriations Limit
3. Internal Control Report
4. City of Blythe Draft Financial Statements for Fiscal Year FY 2022-2023
5. Blythe Financing Authority Draft Financial Statements for FY 2022-2023
CONSENT
CALENDAR
vchlist Voucher List
Page:
11/28/2023 3:35:12PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO* Description/Account
10408 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO Amount 700240317342 020170 ELECTRICITYISTREET LIGHTING 10/1- 56.28 Total : 56.28
10409 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 700501126797 020171 ELECTRICITY/EV CHARGE STATION 9/ 83.10
Total : 83.10
10410 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 700475898313 020172 ELECTRICITY/HIDDEN BEACHES 9/21-1 232.14
Total : 232.14
10411 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 700350079007 020173 ELECTRICITYMWTP 9/26-10/24/2023 5,284.26
Total : 5,284.26
10412 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 700350166610 020174 ELECTRICITY/PTF 9/26-10/24/2023 8,585.29
Total : 8,585.29
10413 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 700466637136 020175 ELECTRICITY/STREET LIGHTING 10/1-:
15,025.25
Total: 15,025.25
10414 11/9/2023 000283 SOUTHERN CALIFORNIA EDISON CO 600001510681 020176 ELECTRICITYICITY FACILITIES 56,958.32
Total : 56,958.32
10415 11/10/2023 000247 SOCALGAS 111857321804 020164
NATURAL GAS/PD 10/5-11/6/2023 17.43
Total : 17.43
10416 11/10/2023 000247 SOCALGAS 06622932165
020165 NATURALICITY FACILITIES 9/22-10/23/2 90.31
Total: 90.31
10417 11/10/2023 000247 SOCALGAS 07632638008 020166
NATURAL GAS/COMMUNITY CENTER 1 98.19
Total : 98.19
10418 11/14/2023 000115 FEDEX 1100-8293-2
020152 FINANCE CHARGE 6.09
822737768 020152 EXPRESS SHIPPING 37.77
825632177 020152 EXPRESS SHIPPING 38.42
828454040 020152 GROUND SHIPPING 19.13
Total : 101.41
10419 11/16/2023 008201 OPTIMUM 0771510132602
020050 INTERNET SERVICE/PW 11/4-12/3/2023 75.00
Page:
chlist Voucher List
11/28/2023 3:35:12PM Page:
City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO #
Description/Account Amount
10419 11/16/2023 008201 008201 OPTIMUM (Continued)
Total : 75.00
10420 11/17/2023 005996 DE LAGE LANDEN PUBLIC FINANCE 81109069 020122 CONTRACT 25340910 10/15-12/14/2023 215.81
81255496 020123 CONTRACT 25559071 11/1-11/30/2023 333.69 81257321 020124 CONTRACT 25563258 11/1-11/30/2023 607.19 81291262 020122 CONTRACT 25340910 10/15-12/14/2023 215.81 Total : 1,372.50
10421 11/17/2023 003439 SHELL 93031720 020162 GASOLINE/PW 10/6-11/6/2023 413.61
Total : 413.61
10422 11/17/2023 003439 SHELL 93028650 020163 GASOLINE/PD 10/6-11/6/2023 485.56
Total : 485.56
10423 11/22/2023 005213 FRONTIER 7609223545 020153
COMMUNICATIONS/ALARM SYSTEM 1( 230.85
Total : 230.85
10424 11/22/2023 005213 FRONTIER 7609229375 020154
COMMUNICATIONS/LIFT STATIONS 10/ 284.14
Total : 284.14
10425 11/22/2023 005213 FRONTIER 9091590013 020157
COMMUNICATION/CITY FACILITIES 11/; 8,631.88
9091590039 020155 COMMUNICATIONS/FIRE 11/7-12/6/202: 464.31 9091590042 020156 CENTRANET ACCESS-SLIELLS 11/1-1
2,730.15
Total : 11,826.34
10426 11/28/2023 006873 ARAMARK 5880433953 020067 UNIFORM SERVICE/MATS & TOWELS 400.55
5880440002 020067 UNIFORM SERVICE/MATS & TOWELS 400.55
5880445869 020067 UNIFORM SERVICE/MATS & TOWELS 400.55
Total : 1,201.65
10427 11/28/2023 000150 INLAND BUILDERS SUPPLY INC B12412 019836 PARTS/SUPPLIES 166.76
B16320 020087 PARTS/SUPPLIES 380.57
B16452 020085 PARTS/SUPPLIES [CREDIT RETURN] -38.06
B22660 019943 PARTS/SUPPLIES 42.66
019943
B33057 020033 PARTS/SUPPLIES 12.35
B33643 020028 PARTS/SUPPLIES 10.86
B35882 020030 PARTS/SUPPLIES R 55.42
Page:
vchlist Voucher List
Page:
11/28/2023 3:35:12PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account
Amount
10427 11/28/2023 000150 INLAND BUILDERS SUPPLY INC (Continued) B37191 020051 PARTS/SUPPLIES 30.41
B37641 020088 PARTS/SUPPLIES 10.86
B38478 020056 PARTS/SUPPLIES 51.08
B38938 020057 PARTS/SUPPLIES 41.31
B42351 020060 PARTS/SUPPLIES R 21.74
B44495 020099 PARTS/SUPPLIES R 13.02
U59248 020086 PARTS/SUPPLIES R 323.68
U61759 019991 PARTS/SUPPLIES R 13.21
U61966 020000 PARTS/SUPPLIES R 29.32
U63291 020053 PARTS/SUPPLIES R 331.12
U64183 020058 PARTS/SUPPLIES 37.91
U64725 020057 PARTS/SUPPLIES R 82.63
U64953 020113 PARTS/SUPPLIES 28.26
Total : 1,645.11
10428 11/28/2023 003150 PITNEY BOWES 1024189130 020017 SUPPLIES 288.82
Total: 288.82
10429 11/28/2023 005176 SPARKLETTS 9470757 020093 BULK DRINKING WATER/PW
43.24 Total : 43.24
10430 11/28/2023 004501 US BANK CORP 044555649478 020181 CREDIT CARD CHARGES 10/2023 5,477.41
Total: 5,477.41
10431 11/28/2023 003035 VERIZON WIRELESS 9949284297 020183 WIRELESS SERVICENATER METERS •
76.02 Total: 76.02
10432 11/28/2023 003035 VERIZON WIRELESS 9949284298 020184 WIRELESS SERVICE/PD 10/14-11/13/20:
259.06
Total : 259.06
10433 11/28/2023 003035 VERIZON WIRELESS 9949284296 020185 WIRELESS SERVICE 10/14-11/13/2023 860.97
Total : 860.97
26 Vouchers for bank code: ap-dir
Bank total : 111,072.26
Page:
vchlist Voucher List Page:
11/28/2023 3:35:12PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 77487 11/28/2023 008012 ACEVEDO, MILTON 111423 019802 TRAVEL - PER DIEM 11/14-11/15/2023 30.00 Total : 30.00
77488 11/28/2023 003682 ALLISON, JAMES FF/2022-5 020129 FLAG FOOTBALL OFFICIAL 527.00 Total : 527.00
77489 11/28/2023 007560 AMAZON CAPITAL SERVICES, INC 11D6FTW4THKW 019889 PARTS/SUPPLIES 67.54 14YXYYN3LGKC 020101 PARTS/SUPPLIES 159.39
173HKWWX7VDY 020046 PARTS/SUPPLIES 110.94
1CCLGFCTKP4J 020052 PARTS/SUPPLIES 163.08
1CCQDF3QJKXL 019986 PARTS/SUPPLIES 118.41
1RQQHHMC6R66 020098 PARTS/SUPPLIES 56.42
1TM9KT6P6PMX 019947 PARTS/SUPPLIES C 105.39
1XQKFPCXF4NF 020002 PARTS/SUPPLIES 280.50
1YPCG4MHGTWN 020018 PARTS/SUPPLIES 17.92
Total : 1,079.59
77490 11/28/2023 002458 AQUA-METRIC SALES, CO INV0097712 020117 ANNUAL SUPPORT 11/10/2023-10/9/202 17,455.00 Total : 17,455.00
77491 11/28/2023 008218 ARMENDARIZ, LUPITA 95197 020138 REFUND 50.00 Total : 50.00
77492 11/28/2023 005289 AYRES SUITES 232029 019775 LODGING - C WADLEY 12/10-12/12/202: 215.08 Total : 215.08
77493 11/28/2023 000525 BARBARA SINATRA 23-1190 020064 TECHNICAL SERVICES 231.00 23-1316 020064 TECHNICAL SERVICES 462.00
Total: 693.00
77494 11/28/2023 000385 BIO-TOX LABORATORIES 45068 020032 LAB SERVICES 9/2023 763.00 Total : 763.00
77495 11/28/2023 007091 BOWEN, JAZMIN 019825 BLOOD DRAW SERVICES 11/2023 800.00
Total: 800.00
77496 11/28/2023 006225 BRASWELL AIR CONDITIONING 7004 020149 REPAIR/MAINTENANCE SERVICES 165.00
Page:
vchlist Voucher List
Page:
11/28/2023 3:35:12PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account
Amount
77496 11/28/2023 006225 006225 BRASWELL AIR CONDITIONING (Continued) Total : 165.00
77497 11/28/2023 000048 BURTRONICS BUSINESS SYSTEMS AR108724 020048 CONTRACT 24867-02 8/11-11/10/2023 339.50
AR108922 020068 CONTRACT CN10665-01 11/6-1215/2023 188.73 Total : 528.23
77498 11/28/2023 008191 CARRILLO, ANGELO FF/2022-3 020139 FLAG FOOTBALL OFFICIAL 387.50
Total : 387.50
77499 11/28/2023 006368 CHANDRA HOSPITALITY LLC 10/2023 020118 ECONOMIC DEVELOPMENT INCENTIVE 12,471.11
Total: 12,471.11
77500 11/28/2023 000366 CIRCLE H VETERINARY HOSPITAL 110823 020041 VET SERVICES 150.00
Total: 150.00
77501 11/28/2023 003841 CIVICPLUS LLC 271775 017254
WEBSITE HOSTING & SUPPORT 2,667.67
Total : 2,667.67
77502 11/28/2023 007935 CLINICAS DE SALUD DEL PUEBLO EM002500 020106 PROFESSIONAL SERVICES
80.00 Total : 80.00
77503 11/28/2023 000437 CO OF RIV AUDITOR-CONTROLLER OCT 2023 020119 PARKING CITATIONS 10/2023 186.00
Total: 186.00
77504 11/28/2023 000227 COUNTY OF RIVERSIDE AN0000002800 020168 ANIMAL SHELTER SERVICES 10/2023 9,843.90
Total : 9,843.90
77505 11/28/2023 005603 CR&R INCORPORATED 000139894 019368 DISPOSAL SERVICES/CC 11/1-11/30/20:
290.77
Total : 290.77
77506 11/28/2023 006121 CROSS, DENNIS FF/2023-1
020107 FLAG FOOTBALL OFFICIAL 387.50
Total: 387.50
77507 11/28/2023 007305 CROWE, CRISTINA FFAS-2023 020130 FLAG FOOTBALL ALL STAR TOURNAME 1,480.00
Total : 1,480.00
77508 11/28/2023 003026 CROWE, JONATHAN FF/2023-2
020108 FLAG FOOTBALL OFFICIAL 867.50
Total: 867.50
Page:
vchlist Voucher List
Page:
11/28/2023 3:35:12PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO#
Description/Account Amount
77509 11/28/2023 000037 CULLIGAN SOFT WATER SERVICE 0644074 019369 WATER SERVICE/BFD 11/3-12/1/2023 68.75
0644076 020069 WATER SERVICE/WTP 11/3-12/1/2023 92.25
Total: 161.00
77510 11/28/2023 000156 CYLE JOHNSON ELECTRIC INC 55673 020070 REPAIR/MAINTENANCE SERVICES 441.14
55674 020071 REPAIRIMAINTENANCE SERVICES 1,692.59
55676 020072 REPAIR/MAINTENANCE SERVICES 728.95
55680 020073 REPAIR/MAINTENANCE SERVICES 616.45
Total: 3,479.13
77511 11/28/2023 000084 D & LAUTO PARTS INC 8681-206003 020074 PARTS/SUPPLIES 122.67
8681-206004 020075 PARTS/SUPPLIES 197.75
8681-206091 020076 PARTS/SUPPLIES 25.41
020076
Total: 345.83
77512 11/28/2023 004431 DANA KEPNER COMPANY INC 9518175-03 020078 PARTS/SUPPLIES 1,367.86
9518175-04 020081 PARTS/SUPPLIES 288.20
9519577-01 020081 PARTS/SUPPLIES 672.88
9519716-00 020079 PARTS/SUPPLIES 7,618.35
Total : 9,947.29
77513 11/28/2023 001757 DATA TICKET INC 157787 020121 ADMIN CITATION PROCESSING 10/202:
200.00
158353 020121 PARKING CITATION PROCESSING 10/21 100.00
Total: 300.00
77514 11/28/2023 003556 DAVID TAUSSIG & ASSOC., INC. 2310065 020148 PROFESSIONAL SERVICES THROUGH 2,013.65
Total: 2,013.65
77515 11/28/2023 002173 DEPARTMENT OF JUSTICE 686204 020147 LIVE SCAN SERVICES 9/2023 1,088.00
686407 020147 LIVE SCAN SERVICES 9/2023 245.00
693090 020147 LIVE SCAN SERVICES 10/2023 1,299.00
693289 020147 LIVE SCAN SERVICES 10/2023 32.00
697490 020127 BLOOD ALCOHOL ANALYSIS 10/2023 175.00
697549 020126 BLOOD ALCHOL ANALYSIS 10/2023 (RE
70.00 Total : 2,909.00
77516 11/28/2023 008155 EDELWEISS SUSTAINABLE FARMS CEQA2105-001 PLAN CHECK DEPOSIT REFUND 10,034.75
Page:
vchlist Voucher List
Page:
11/28/2023 3:35:12PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO#
Description/Account Amount
77516 11/28/2023 008155 008155 EDELWEISS SUSTAINABLE FARMS (Continued) Total : 10,034.75
77517 11/28/2023 000064 EMPLOYMENT DEVELOPMENT DEPT L1450677840 020151 EMPLOYMENT TAX 4,950.00 Total : 4,950.00
77518 11/28/2023 008220 ERATH, DAYSON 111723 BUSINESS LICENSE APPLICATION REF
28.66 Total : 28.66
77519 11/28/2023 000547 ESGIL, LLC 90084 PLAN CHECK SERVICES 7/2023 2,945.19
Total: 2,945.19
77520 11/28/2023 004239 FABANICH, TROY 120623 019994 TRAVEL - PER DIEM 12/6/2023
45.00 121823 019993 TRAVEL - PER DIEM 12/18/2023 45.00
Total: 90.00
77521 11/28/2023 005978 FULTON DISTRIBUTING - SO CAL 615341 019948 JANITORIAL SUPPLIES 533.85
618005 019948 JANITORIAL SUPPLIES 563.31
Total: 1,097.16
77522 11/28/2023 000318 GLENN JOHNSON COOLING/HEATING 036340 020016 REPAIR/MAINTENANCE SERVICES 3,500.00
Total : 3,500.00
77523 11/28/2023 007805 GONZALES-PINON III, LEE FF/2022-4 020140 FLAG FOOTBALL OFFICIAL
62.00 Total : 62.00
77524 11/28/2023 000869 GRAINGER 9876719973 020083 PARTS/SUPPLIES 151.96 Total : 151.96
77525 11/28/2023 003088 HUNTINGTON COURT REPORTERS 35415 020044 TRANSCRIPTION SERVICES 10/1-10/31
30.42 Total: 30.42
77526 11/28/2023 007367 IPT HOLDINGS, LLC 0272863-IN 019814 REPAIR/MAINTENANCE SERVICES 5,173.46
Total : 5,173.46
77527 11/28/2023 002150 JONES MAYER 119055 020097
LEGAL SERVICES 10/2023 25,257.48
Total : 25,257.48
77528 11/28/2023 005295 KONICA MINOLTA 9009636068 020159 ACCT 1165535 10/1-10/31/2023 691.10
Page:
vchlist Voucher List Page:
11/28/2023 3:35:12PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO # Description/Account Amount 77528 11/28/2023 005295 KONICA MINOLTA (Continued)
9009639609 020159 ACCT 1165535 11/1-11/5/2023 83.68
Total: 774.78
77529 11/28/2023 002871 NELSON, JON KEVIN OCT 2023 020160 INSPECTION SERVICES 10/2023 1,870.00 Total : 1,870.00
77530 11/28/2023 001675 NRO ENGINEERING 03-23-021 PLAN CHECK SERVICES - IRONWOOD 500.00 08-23-015 020089 PLAN CHECK SERVICES - CHIPOTLE 3,000.00 08-23-016 020089 PLAN CHECK SERVICES - A&R BAKER' 6,000.00 09-22-025 PLAN CHECK SERVICES - LLA 2207-00• 350.00
11-23-024 PLAN CHECK SERVICES - PARCEL MAF 375.00
11-23-025 020090 PLAN CHECK SERVICES - SCHURINGA 125.00 11-23-026 020090 PLAN CHECK SERVICES - THE COFFEE 2,225.00 Total: 12,575.00
77531 11/28/2023 005009 PARKER OIL PRODUCTS, INC 139046 020091 DIESEL FUEL 2,497.68 Total : 2,497.68
77532 11/28/2023 006417 PNC EQUIPMENT FINANCE, LLC 1835430 020161 CONTRACT 1193406-1 1/10/2023-1/9/20: 192,558.33 Total: 192,558.33
77533 11/28/2023 000213 QUILL CORPORATION 35534783 020029 SUPPLIES 88.08 Total: 88.08
77534 11/28/2023 000216 RAMSEY TOWING 18444 020045 AVA TOW SERVICES 10/2023 200.00 Total : 200.00
77535 11/28/2023 000224 RIVERSIDE CNTY WASTE MGMNT 202310000385 019961 LANDFILL FEES 10/2023 40.75 Total: 40.75
77536 11/28/2023 005981 ROAD RUNNER SUPPLY 157355 020092 SUPPLIES 109.68 Total: 109.68
77537 11/28/2023 003567 SCMAF SAS-2023 020020 FLAG FOOTBALL ALL STARS ENTRY FE 620.00
Total: 620.00
77538 11/28/2023 000241 SMART & FINAL IRIS CORP 308777 020111 SUPPLIES
71.20 Page:
vchlist Voucher List Page:
11/28/2023 3:35:12PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77538 11/28/2023 000241 SMART & FINAL IRIS CORP (Continued) 020111
496422 020110 SUPPLIES 97.99
705966 020021 SUPPLIES 66.14
833055 020022 SUPPLIES 130.97
949655 020109 SUPPLIES 20.97
Total: 387.27
77539 11/28/2023 003080 SOUTHBAY FOUNDRY INC 0232988 020023 PARTS/SUPPLIES 2,085.75 Total: 2,085.75
77540 11/28/2023 001136 STANDAGE TIRE & AUTOMOTIVE 1-14829 019646 VEHICLE SERVICES/SUPPLIES 291.65 1-14863 019646 VEHICLE SERVICES/SUPPLIES 479.32
1-14880 019646 VEHICLE SERVICES/SUPPLIES 66.28
1-15060 019646 VEHICLE SERVICES/SUPPLIES 66.28
1-15079 019646 VEHICLE SERVICES/SUPPLIES 78.00
1-15145 019646 VEHICLE SERVICES/SUPPLIES 20.00
1-15283 019646 VEHICLE SERVICES/SUPPLIES 103.41
1-15284 019646 VEHICLE SERVICES/SUPPLIES 81.85
Total: 1,186.79
77541 11/28/2023 005393 STEWART TITLE OF CALIFORNIA 764801 020063 PRELIMINARY REPORT 550.00 764802 020063 PRELIMINARY REPORT 550.00
Total: 1,100.00
77542 11/28/2023 008219 SUTTON, KAREN 95176 020141 REFUND 50.00 Total : 50.00
77543 11/28/2023 004721 TEAMTALK NETWORK 082824 019410 RADIO COMMUNICATIONS/PD 1/2024 1,431.59 082828 020177 RADIO COMMUNICATIONS/BFD 1/2024 697.68
Total: 2,129.27
77544 11/28/2023 002783 THATCHER COMPANY 2023400116304 020094 CHEMICALS 15,782.72 Total: 15,782.72
77545 11/28/2023 002455 THE COUNSELING TEAM INTERNATIO 88893 020102 PSYCHOLOGICAL ASSESSMENT 1,050.00
Total : 1,050.00
Page:
vchlist Voucher List
Page: 10
11/28/2023 3:35:12PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO#
Description/Account Amount
77546 11/28/2023 000141 THE HOLT GROUP INC B23-10-201 020095 WATER DISTRIBUTION MASTER PLAN. 2,740.00
Total : 2,740.00
77547 11/28/2023 001302 TRANSWORLD SYSTEMS INC 2889822 020178 COLLECTION SERVICES 10/2023
32.88 Total : 32.88
77548 11/28/2023 008069 TRIPEPI SMITH & ASSOCIATES INC 11221 020112 PROFESSIONAL SERVICES 6,515.00 Total : 6,515.00
77549 11/28/2023 002743 US BANK 4052414 020180 BANK SERVICE CHARGES
1.368.44
Total: 1,368.44
77550 11/28/2023 001981 US BANK 7105223 020179 BOND ADMINISTRATIVE FEES 5,170.00
Total : 5,170.00
77551 11/28/2023 000991 USA BLUEBOOK INVO0174149 020096 PARTS/SUPPLIES 303.59
INVO0180931 019980 PARTS/SUPPLIES R 391.33
INVO0181771 019980 PARTS/SUPPLIES R 315.32
Total: 1,010.24
77552 11/28/2023 007485 VARGAS-RAMIREZ, ARTURO 120323 019998 TRAVEL - PER DIEM 12/3-12/4/2023
65.00 Total: 65.00
77553 11/28/2023 000278 WEEKS PRINTING 29931 020103 PRINTING/CUSTOM SERVICES 581.70 29949 020049 PRINTING/CUSTOM SERVICES 14.14
29952 019990 PRINTING/CUSTOM SERVICES 205.97
29954 020049 PRINTING/CUSTOM SERVICES 122.07
Total : 923.88
67 Vouchers for bank code: union
Bank total : 376,526.37
93 Vouchers in this report Total vouchers:
487,598.63
Page: 10
vchlist Voucher List Page: 11
11/28/2023 3:35:12PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount
CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10408-10433 and 77487-77553 in the amount of $487,598.63 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 December 12, 2023.
Chis Elus
CHRISTA ELMS
DIRECTOR OF FINANCE
Page: 11
15 chlist Voucher List Page:
11/29/2023 9:20:39AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 77554 11/28/2023 008207 BUTLER, DANNY Ref000216564 UB Refund Cst #002173 17.81 Total : 17.81
77555 11/28/2023 008212 DONHAM, LISA Ref000216573 UB Refund Cst #026226 18.40 Total: 18.40
77556 11/28/2023 008210 FABANICH, CHRISTINA Ref000216569 UB Refund Cst #024254 35.09 Total : 35.09
77557 11/28/2023 004940 FIGUEROA, KIMBERLY Ref000216577 UB Refund Cst #026662 67.15 Total : 67.15
77558 11/28/2023 004906 GREEN, KRISTIE Ref000216567 UB Refund Cst #023311 93.30 Total : 93.30
77559 11/28/2023 008023 MENDIOLA, NORMAN Ref000216570 UB Refund Cst #025637 68.26 Total: 68.26
77560 11/28/2023 008215 NEDELTCHEV, SNIJINA Ref000216578 UB Refund Cst #026752 39.21 Total : 39.21
77561 11/28/2023 008216 NEW YORK REALTY GROUP Ref000216579 UB Refund Cst #026861 67.44 Total : 67.44
77562 11/28/2023 008209 OLIVA- RAMIREZ, REBECCA Ref000216568 UB Refund Cst #023767 62.32 Total: 62.32
77563 11/28/2023 007889 RAMOS, RAUL Ref000216575 UB Refund Cst #026540 106.05 Total: 106.05
77564 11/28/2023 008208 ROHDE, CHRISTA Ref000216566 UB Refund Cst #019430
0.33 Total : 0.33
77565 11/28/2023 008213 ROHRER, JAMES Ref000216574 UB Refund Cst #026350 107.96
Total : 107.96
77566 11/28/2023 008214 ROMERO, DAVID Ref000216576 UB Refund Cst #026572
68.82 Page:
vchlist Voucher List Page:
11/29/2023 9:20:39AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77566 11/28/2023 008214 008214 ROMERO, DAVID (Continued) Total : 68.82 77567 11/28/2023 007755 ROVE ENGINEERING, INC Ref000216572 UB Refund Cst #026209 133.22 Total : 133.22
77568 11/28/2023 008211 WHEELER, DARCY Ref000216571 UB Refund Cst #025243 2.25 Total: 2.25
77569 11/28/2023 005804 YOCUM, JJ Ref000216565 UB Refund Cst #003941 78.46 Total: 78.46
16 Vouchers for bank code : union Bank total: 966.07
16 Vouchers in this report Total vouchers: 966.07
CLAIMS VOUCHER APPROVAL
I hereby certify that the Utility Billing Refund warrants numbered 77554-77569 in the amount of $966.07 have been reviewed for payment by the Director of Finance. I further cerlity that the Councilmembers of the City of Blythe, CA approved said warrants at the meeting of December 12, 2023.
Chus _ Elus
Christa Elms
Director of Finance
Page:
vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10434 11/30/2023 000323 STATE BOARD OF EQUALIZATION 023-300030 020253 USE TAX 10/2023 1,527.00 Total: 1,527.00
10435 12/1/2023 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017354537 HEALTH PREMIUMS - ELECTED 12/202: 3,031.86 Total : 3,031.86
10436 12/1/2023 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017354536 HEALTH PREMIUMS - ACTIVE/RETIRED 97,589.50 Total: 97,589.50
10437 12/1/2023 006924 SUN LIFE FINANCIAL 923380-0002 PREMIUM/FEES 12/2023 6,431.44 Total : 6,431.44
10438 1216/2023 000150 INLAND BUILDERS SUPPLY INC 149937 020145 PARTS/SUPPLIES 30.43 664799 020215 PARTS/SUPPLIES 0.00
B06800 019827 PARTS/SUPPLIES 177.32
B25856 020212 PARTS/SUPPLIES 128.76
B27608 019984 PARTS/SUPPLIES 31.29
B31610 020215 PARTS/SUPPLIES C 46.72
B37543 020216 PARTS/SUPPLIES 21.73
B38916 020217 PARTS/SUPPLIES R 118.50
B44129 020218 PARTS/SUPPLIES 14.82
B44949 020219 PARTS/SUPPLIES 34.71
B45592 020113 PARTS/SUPPLIES R 351.92
B45650 020114 PARTS/SUPPLIES 19.52
B48067 020120 PARTS/SUPPLIES R 58.69
B49088 020221 PARTS/SUPPLIES R 30.25
B49894 020143 PARTS/SUPPLIES 42.38
U63156 020216 PARTS/SUPPLIES R 25.19
U63342 020217 PARTS/SUPPLIES R 27.18
U64951 020059 PARTS/SUPPLIES C 690.56
U65948 020115 PARTS/SUPPLIES 227.07
Total : 2,077.04
10439 12/7/2023 006873 ARAMARK 5880451669 020202 UNIFORM SERVICE/MATS & TOWELS 400.55 5880457504 020202 UNIFORM SERVICE/MATS & TOWELS 400.55
5880463040 020202 UNIFORM SERVICE/MATS & TOWELS 400.55
Page:
vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10439 12/7/2023 006873 006873 ARAMARK (Continued) Total : 1,201.65 10440 12/7/2023 008201 OPTIMUM 0771510132602 020050 INTERNET SERVICE/PW 12/4/2023-1/3/: 80.48 Total: 80.48
10441 12/12/2023 004804 CITY OF BLYTHE NOV 2023 AMOUNT BILLED TO CUSTOMERS 11/2 33,615.00 Total: 33,615.00
8 Vouchers for bank code : ap-dir Bank total : 145,553.97 Page:
19 vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77570 12/8/2023 008012 ACEVEDO, MILTON 121323 020239 TRAVEL - PER DIEM 12/13-12/15/2023 45.00 Total : 45.00
77571 1218/2023 007674 HUNTINGTON PUBLIC CAPITAL CORP 708285 020158 ENERGY IMPROVEMENT PROJECT - LI 318,799.00 Total : 318,799.00
77572 12/8/2023 007171 T-MAN TRAFFIC SUPPLY 15072 019754 PARTS/SUPPLIES 787.50 019754
Total: 787.50
77573 12/12/2023 007560 AMAZON CAPITAL SERVICES, INC 11NLTJM6GH6F 020196 PARTS/SUPPLIES 215.10 13R1FH9D6VKK 020137 PARTS/SUPPLIES R 125.10
17RW7L6616K1 020199 PARTS/SUPPLIES 434.99
19N79CHT9C9Y 020061 PARTS/SUPPLIES 20.64
1C9GL6FQ17QQ 020198 PARTS/SUPPLIES 409.56
1CGQX9TFYG1X 019874 PARTS/SUPPLIES 819.51
019874
1GNRRLX1R7PL 020144 PARTS/SUPPLIES 18.45
1H41MFQDQVG4 020201 PARTS/SUPPLIES R 77.58
1JPNRQK3KHNJ 020197 PARTS/SUPPLIES 75.79
1LYMGFH3K3H3 019951 PARTS/SUPPLIES R 178.15
1MLKD1TX7TR1 020136 PARTS/SUPPLIES R 221.68
INLVTCJNMYMR 020200 PARTS/SUPPLIES R 374.68
1QKNQGW6DKQF 020195 PARTS/SUPPLIES 86.98
1TFK1LCVY911 019874 PARTS/SUPPLIES ฿ 34.73
1X4XJ6J17RQK 020194 PARTS/SUPPLIES R 508.80
1XLD6QPK1MPW 019874 PARTS/SUPPLIES R 188.76
1313W 019909 PARTS/SUPPLIES R 1,317.11
1Y39JFRJ1TV1 020193 PARTS/SUPPLIES 371.50
1YNPDTVHHQ3Y 020192 PARTS/SUPPLIES 87.39
Total: 5,566.50
77574 12/12/2023 008221 AMERICAN MEDICAL RESPONSE BRD 23-11-06 020232 TRAINING SERVICES 100.00 Total : 100.00
77575 12/12/2023 005289 AYRES SUITES 232102 019803 LODGING - K MCCORMICK 118-1/11/202 322.62 Total : 322.62
Page:
vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77576 12/12/2023 005289 AYRES SUITES 232101 019803 LODGING - A VARGAS 1/8-1/11/2023 322.62 Total: 322.62
77577 12/12/2023 000016 BABCOCK LABORATORIES, INC CJ31023-0040 019641 TESTING SERVICES 19.10 CJ31508-0040 019641 TESTING SERVICES 32.09
CJ31512-0040 019641 TESTING SERVICES 16.85
CJ32058-0040 019641 TESTING SERVICES 19.10
CK30655-0040 019641 TESTING SERVICES 16.85
CK30656-0040 019641 TESTING SERVICES 32.09
CK30657-0040 019641 TESTING SERVICES 32.08
CK30658-0040 019641 TESTING SERVICES 32.08
CK30660-0040 019641 TESTING SERVICES 19.10
CK30661-0040 019641 TESTING SERVICES 32.09
CK31576-0040 019641 TESTING SERVICES 21.05
SINV110391 019641 FINANCE CHARGE 17.49
Total: 289.97
77578 12/12/2023 000016 BABCOCK LABORATORIES, INC CJ31018-0040 019641 TESTING SERVICES 38.20 CJ31024-0040 019641 TESTING SERVICES 57.30
CJ31026-0040 019641 TESTING SERVICES 50.55
CJ31505-0040 019641 TESTING SERVICES 32.09
CJ31509-0040 019641 TESTING SERVICES 64.18
CJ31510-0040 019641 TESTING SERVICES 64.16
CJ31513-0040 019641 TESTING SERVICES 50.55
CJ31909-0040 019641 TESTING SERVICES 144.36
CJ31911-0040 019641 TESTING SERVICES 1,002.14
CJ31956-0040 019641 TESTING SERVICES 69.71
CJ31963-0040 019641 TESTING SERVICES 50.55
CJ31964-0040 019641 TESTING SERVICES 84.25
CJ31966-0040 019641 TESTING SERVICES 69.71
CJ32056-0040 019641 TESTING SERVICES 647.42
CJ32060-0040 019641 TESTING SERVICES 144.36
CJ32094-0040 019641 TESTING SERVICES 822.24
CK30299-0040 019641 TESTING SERVICES 50.55
CK30300-0040 019641 TESTING SERVICES 67.40
CK30306-0040 019641 TESTING SERVICES 256.72
CK30320-0040 019641 TESTING SERVICES 188.89
Page:
21 vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO* Description/Account Amount 77578 12/12/2023 000016 BABCOCK LABORATORIES, INC (Continued) CK30651-0040 019641 TESTING SERVICES 50.55
CK30652-0040 TESTING SERVICES 64.16
CK30653-0040 TESTING SERVICES 288.81
CK30659-0040 TESTING SERVICES 160.40
CK30662-0040 TESTING SERVICES 38.20
CK30663-0040 TESTING SERVICES 57.30
CK30756-0040 TESTING SERVICES 69.71
CK31010-0040 TESTING SERVICES 1,172.86
CK31011-0040 TESTING SERVICES 188.89
CK31012-0040 TESTING SERVICES 84.25
CK31013-0040 TESTING SERVICES 50.55
CK31020-0040 019641 TESTING SERVICES 791.16
CK31455-0040 019641 TESTING SERVICES 50.55
CK31457-0040 019641 TESTING SERVICES 67.40
CK31459-0040 019641 TESTING SERVICES 69.71
CK32059-0040 019641 TESTING SERVICES 343.30
Total: 7,503.13
77579 12/12/2023 007828 BECK OIL, INC 88272CL 020203 FUEL 586.50 90126CL 020204 FUEL 844.94
Total: 1,431.44
77580 12/12/2023 007773 BLYTHE GLASS, DOORS & MORE 111023 020205 REPAIRIMAINTENANCE SERVICES 592.00 Total: 592.00
77581 12/12/2023 005603 CR&R INCORPORATED NOV 2023 020230 FRANCHISE CONTRACT 11/2023 83,482.25 Total : 83,482.25
77582 12/12/2023 000037 CULLIGAN SOFT WATER SERVICE 0644192 019369 WATER SERVICE/BFD 12/1-12/29/2023 68.75 Total: 68.75
77583 12/12/2023 000156 CYLE JOHNSON ELECTRIC INC 55686 020206 REPAIR/MAINTENANCE SERVICES 870.82 Total: 870.82
77584 12/12/2023 000084 D & LAUTO PARTS INC 8681-206108 020207 PARTS/SUPPLIES R 691.00 8681-206118 020077 PARTS/SUPPLIES R 16.70
Page:
22 vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77584 12/12/2023 000084 D & L AUTO PARTS INC (Continued) 8681-206236 020208 PARTS/SUPPLIES C 13.05
8681-206352 020209 PARTS/SUPPLIES R 174.00
Total: 894.75
77585 12/12/2023 003556 DAVID TAUSSIG & ASSOC., INC. 2311041 020254 PROFESSIONAL SERVICES THROUGH 1,933.35 Total: 1,933.35
77586 12/12/2023 004033 DECONINCK, JOSEPH 110823 020233 REIMBURSEMENT - FUEL 25.53 Total : 25.53
77587 12/12/2023 000094 DEPARTMENT OF TRANSPORTATION SL240129 020210 SIGNALS & LIGHTING (110) 7/2023-9/202 4,400.92 Total: 4,400.92
77588 12/12/2023 008202 EPIC SPORTS 7319083 019992 APPAREL/ACCESSORIES 145.41 Total : 145.41
77589 12/12/2023 000869 GRAINGER 9876255697 019716 PARTS/SUPPLIES 401.73 019716
9883759319 020211 PARTS/SUPPLIES 24.18
9886817676 020211 PARTS/SUPPLIES 22.11
9886935197 020211 PARTS/SUPPLIES 10.65
9887970029 020211 PARTS/SUPPLIES 14.31
Total: 472.98
77590 12/12/2023 003570 HML TESTING 104403 020084 TESTING SERVICES/DRY DIGESTED SI 1,000.00 Total: 1,000.00
77591 12/12/2023 008067 JOEA. GONSALVES & SON 161170 020131 PROFESSIONAL SERVICES 12/2023 4,160.00 Total : 4,160.00
77592 12/12/2023 001460 LAWSON PRODUCTS INC 9311069798 019946 PARTS/SUPPLIES 230.19 Total: 230.19
77593 12/12/2023 002871 NELSON, JON KEVIN NOV 2023 020255 INSPECTION SERVICES 11/2023 1,402.50
Total : 1,402.50
77594 12/12/2023 008200 OCULAR IOT LLC 000024 020222 REPAIR/MAINTENANCE SERVICES 1,785.48 Page:
vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 77594 12/12/2023 008200 008200 OCULAR IOT LLC (Continued) Total : 1,785.48 77595 12/12/2023 000073 PUBLIC ENTITY RISK MGMNT AUTHO INV149 020234 LIABILITY TRUST ACCOUNT DEPOSIT ( 7,927.00 Total: 7,927.00
77596 12/12/2023 005981 ROAD RUNNER SUPPLY 157270 019985 SUPPLIES 525.12 Total : 525.12
77597 12/12/2023 003606 RODRIGUEZ, GUSTAVO 118 019649 WATER TREATMENT SERVICES 11/202: 1,825.00 Total : 1,825.00
77598 12/12/2023 000241 SMART & FINAL IRIS CORP 160066 020132 SUPPLIES -53.60 161499 020134 SUPPLIES 51.97
463699 020237 SUPPLIES 217.10
573044 020236 SUPPLIES 278.12
639400 020133 SUPPLIES 595.93
Total: 1,089.52
77599 12/12/2023 004635 SOUTH COAST 516440 019621 REPAIR/MAINTENANCE SERVICES 44,393.14 Total : 44,393.14
77600 12/12/2023 002783 THATCHER COMPANY 2023400114629 019820 FREIGHT CHARGE 675.00 2023400115343 019820 CHEMICALS 12,220.66
2023400115568 019820 CHEMICALS 16,157.86
Total : 29,053.52
77601 12/12/2023 007902 THE JADO PRINT COMPANY 303 020238 PRINTING/CUSTOM SERVICES 6,814.00 Total: 6,814.00
77602 12/12/2023 000991 USA BLUEBOOK INVO0186997 020224 PARTS/SUPPLIES 864.51 INVO0187992 020223 PARTS/SUPPLIES R 184.88
Total : 1,049.39
77603 12/12/2023 008203 VALDIVIA, BOBBY 010824 019996 TRAVEL - PER DIEM 1/8-1/12/2023 75.00 Total : 75.00
77604 12/12/2023 007485 VARGAS-RAMIREZ, ARTURO 010824 019806 TRAVEL - PER DIEM 1/8-1/11/2024 155.00
Page:
vchlist Voucher List Page:
12/07/2023 10:33:19AM City of Blythe
Bank code : union
Voucher Vendor Invoice PO# Description/Account Amount
77604 12/12/2023 007485 007485 VARGAS-RAMIREZ, ARTURO (Continued) Total: 155.00 77605 12/12/2023 000278 WEEKS PRINTING 29950 020135 PRINTING/CUSTOM SERVICES 65.79 Total : 65.79
77606 12/12/2023 008139 WINNER CHEVROLET 0007541 019327 2024 CHEVROLET MALIBU 27,947.31 Total: 27,947.31
37 Vouchers for bank code : union Bank total : 557,552.50 45 Vouchers in this report Total vouchers: 703,106.47
CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10434-10441 and 77570-77606 in the amount of $703, 106.47 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 December 12, 2023.
Chis Elus
CHRISTA ELMS
DIRECTOR OF FINANCE
Page:
CITY OF BLYTHE
PAYROLL LISTING
Pay period 10/27/2023 to 11/09/2023
Payday 11/17/2023
I hereby certify that payroll warrants numbered 54045 to 54065, and direct deposits warrants numbered 57298 to 57367 in the amount of $283,128.96 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 December 12th, 2023.
Chist
Director of Finance
26 CITY OF BLYTHE
PAYROLL LISTING
Pay period 11/17/2023 to 11/17/2023
Payday 11/17/2023
I hereby certify that payroll warrants numbered 54066 to 54079, and direct deposits warrants numbered 57368 to 57371 in the amount of $41,513.41 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 December 12", 2023.
Chish Clus
Director of Finance
27 CITY OF BLYTHE
PAYROLL LISTING
Pay period 11/20/2023 to 11/20/2023
Payday 11/20/2023
I hereby certify that payroll warrants numbered 54080 to 54081, and direct deposits warrants numbered 57372 in the amount of $1,233.94 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 December 12th, 2023.
Chiist Eles
Director of Finance
28 CITY OF BLYTHE
PAYROLL LISTING
Pay period 11/10/2023 to 11/23/2023
Payday 11/23/2023
I hereby certify that payroll warrants numbered 54082 to 54083 in the amount of $2,017.84 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 December 12'h, 2023.
Chist Clut
Director of Finance
29 CITY OF BLYTHE
PAYROLL LISTING
Pay period 11/10/2023 to 11/23/2023
Payday 12/01/2023
numbered 57373 to 57441 in the amount of $303,306.60 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 December 12t, 2023.
Chist. Elus
Director of Finance
30 CITY OF BLYTHE
PAYROLL LISTING
Pay period 12/01/2023 to 12/01/2023
Payday 12/01/2023
I hereby certify that payroll warrants numbered 54106, and direct deposits warrants numbered 57442 to 57443 in the amount of $1,702.53 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 December 12th, 2023.
thist Clus
Director of Finance
31 CITY OF BLYTHE
PAYROLL LISTING
Pay period 11/01/2023 to 11/30/2023
Payday 12/05/2023
I hereby certify that payroll warrants numbered 54107 to 54121, and direct deposits warrants numbered 57444 to 57538 in the amount of $82,624.82 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 December 12th, 2023.
Chiist Clus
Director of Finance
Minutes of the Blythe City Council Meeting
November 14, 2023
The November 14, 2023, meeting of the Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Mayor DeConinck. Also in attendance were Vice Mayor Rodriguez and Council Members Reynolds and Burton. Councilman Halby was excused from the meeting.
Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Finance Director and City Treasurer Elms, Chief Building Official Brown, Police Chief Dale, Public Works Director McLaughlin and Fire Chief Hasler.
The Pledge of Allegiance was led by Mayor DeConinck.
The Invocation was led by Councilman Burton.
Mayor DeConinck complemented the City workers in the Streets, Parks and Code Enforcement Departments for their hard work preparing for Homecoming.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there was no reportable action.
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.
1. Posting of the Agenda.
The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Wednesday, November 8, 2023.
Approval of the Warrant Register.
Recommendation: Approve 11/14/23, warrants numbered 10383 through 10404 and 77353 through 77418 in the amount of $433,126.55; 11/14/23, warrants numbered 10405 through 10707 and 77437 through 77485 in the amount of $280,861.87 and 11/14/23, Utility Billing Refund warrants numbered 77419 through 77429 in the amount of $1,423.69.
3. Approval of the Pavroll Register.
Recommendation: Approve 11/14/23, warrants numbered 53950 through 53951 in the amount of $9,175.71; 11/14/23, warrants numbered 53952 through 53971 and Direct Deposit warrants numbered 57000 through 57066 in the amount of $280,819.46; 11/14/23, warrants numbered 53972 through 53973 in the amount of $468.83; 11/14/23, warrants numbered 53974 through 53992 and Direct Deposit warrants numbered 57067 through 57131 in the amount of $302,954.89; 11/14/23, warrants numbered 53993 through 54007 and Direct Deposit warrants numbered 57132 through 57137 in the amount of $38,188.62; 11/14/23, warrants numbered 54008 through 54028 and Direct Deposit warrants numbered 57138 through 57202 in the amount of $283,343.34; and 11/14/23, warrants numbered 54029 through 54044 and Direct Deposit warrants numbered 57203 through 57296 in the amount of $76,80.47.
4. Minutes of the October 10, 2023, City Council Meeting.
Recommendation: Approve the Minutes of the October 10, 2023, Meeting.
5. City of Blythe Permits Issued for the Month of October 2023.
Recommendation: Receive and file this monthly report.
6. City of Blythe Fire Department Monthly Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
33 7. City of Blythe Police Department Monthly Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
8. Quality of Life Program Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
9. Fiscal Year 2024 Fleet Purchases.
Recommendation: Establish a budget in an amount not to exceed$179,987; $169,987 to purchase vehicles and $10,000 for contingencies; authorize the issuance of purchase order(s) for four (4) rehicles in the amount of $169,987 to Winner Chevrolet and authorize the City Manager to issue additional and/or make minor amendments to purchasing contracts in an amount not to exceed $10,000 or any costs that may arise from equipping and taking delivery of the vehicles.
10. Fiscal Year 2022-2023 Governance Planning Communication Letter.
Recommendation: Receive and file the letter.
11. Fiscal Year 2022-2023 General Fund Reserve Policy Update.
Recommendation: Receive and file the Policy Update.
12. Investment Report for First Quarter of Fiscal Year 2023-2024.
Recommendation: Receive and file the Quarterly Investment Report.
13. Application Submittal for the SB 1383 Local Assistance Grant Program.
Recommendation: Adopt Resolution No. 2023-029 authorizing the submittal of applications) for all Calrecycle Grants for which the City of Blythe is eligible and authorize the Interim City Manager to execute any and all documents related to the grant submission and award.
RESOLUTION NO. 2023-029. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS.
14. Approval and Adoption of Management Salary and Benefits Schedule.
Recommendation: Adopt Resolution No. 2023-028.
RESOLUTION NO. 2023-028. A RÉSOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
APPROVING AND ADOPTING THE MANAGEMENT SALARY AND BENEFITS SCHEDULE FOR THE PERIOD OF JULY 1, 2023-JUNE 30, 2025
Acceptance of the Department of Justice, Bureau of Justice Assistance, Small and Rural Law Enforcement Agency Body-Worn Camera Program.
Recommendation: Authorize the Interim City Manager to accept and expend grant funds in the amount of $20,888.48, authorize the Interim City Manager to execute an agreement with LensLock Inc. once reviewed and approved by the City Attorney and authorize the Interim City Manager to spend $14,000 included in the current budget which is the grant match for this project.
Interim City Manager Crecelius asked to move item #22 to the Consent Calendar.
22. Revised Resolution Making Findings Regarding the Need for Modifications to the 2022 California Building Standards Code.
Recommendation: Adopt Resolution No. 2023-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING FINDINGS REGARDING THE NEED FOR MODIFICATIONS TO PROVISIONS OF THE 2022 CALIFORNIA BUILDING
STANDARDS CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS No public comment. Councilman Reynolds moved approval of the Consent Calendar items 1-15 and 22. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
Ordinance No. 923-23, Repealing and Replacing Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code. Interim City Manager Crecelius stated as presented at last month's Council Meeting, significant changes were made to the City's Sign Ordinance for 34 compliance with State and Federal law. Also included in the proposed Ordinance are the items discussed at the Study Session held earlier this year. Signs that were previously prohibited including A-frame signs and billboards are now permitted in the proposed Ordinance with regulations. The number of allowable signs, sign height and sign area were increased in the Ordinance. . The current Ordinance has a maximum size aggregate of 50 sq. ft. In the proposed Ordinance, the total maximum sign aggregate is 250 sq. ft. based on the property's parcel size. If adopted, larger parcels would have the opportunity to install larger signs to match the scale of their development. The proposed Sign Ordinance allows for up to a total of four signs in commercial and industrial zones, with a maximum of two signs per building side. The current Ordinance does not allow for more than two signs with no more than one sign per building side.
This was problematic for businesses wanting to place both their business name and logo on their building. This will allow businesses more flexibility in their signage plan and will help meet the needs of corporate businesses with standardized signage requirements. The proposed Ordinance also addresses temporary window sign placement and permanent window signs, such as window graphics, which are not specifically addressed in the current Code. The proposed Ordinance provides a definition and procedures for murals, which the current Ordinance is silent on. Staff's intent with this update was to provide better signage options for businesses while promoting the public health, safety and welfare and preserving community aesthetics through the implementation of a uniform set of rules and regulations. I would like to purpose a tew changes to the Ordinance as presented. Under Murals, it was brough to my attention that they way we are interpreting this may be problematic for some businesses. We would like to make some changes to (D) (5) under Mural Regulations, striking from the Ordinance "artistic depictions of the business, goods or services being provided on the premises. Also, under D 11 we would like to remove Fire Department approval from the Ordinance. Therefore, it is recommended that the City Council, subsequent to the Public Hearing, introduce Ordinance No. 923-23. This is the second of two public hearings regarding the proposed Ordinance in accordance with the requirements of State law and the Blythe Municipal Code. The first hearing was conducted by the City Council, acting as the City's Planning Agency on October 10, 2023.
Cyle George stated I have some projects that may be affected by the new policy. I do like most of it, but there is some wording that I don't. I missed the previous meetings as I wasn't aware. I would like to give some feedback. I ask that you table this and I would like some of your time in the future.
Councilman Reynolds asked if there was anything specific and to put in a written request asking to address the specific sections of the Ordinance.
Michael Cusick of 1174 Encanto Court stated we have not been able to digest the entirety of this project. As a business owner this may affect some of us. Maybe hold off and give us time to sit down and go over some things to make sure this is in the best interest of everybody.
Interim City Manager Crecelius stated what we could do tonight is continue the Public Hearing to the December meeting. Then we could address any issues, you could recommend potential changes and we would re-do this public hearing in December. From there, the Ordinance would be adopted in January and go into effect 30 days after adoption. I would need the items in question no later than November 274.
35 Mike Farage stated I don't know a lot about this, but we don't want to make it tougher. If I donate a Mural, I don't want to go through a bunch of red tape to get things approved.
Sometimes its overdone. I understand we don't want a hodge podge over town. You said you had a Study Session, but nobody knows about them. Where is this posted? On your website or in the newspaper!
George Colangeli commended Council for taking the extra time to take input. This is the 11th hour, but there is some hope here for engagement. Thank you for taking the time to hear some things out, this is going in the right direction.
Councilman Burton asked for the next steps. Interim City Manager stated we can continue the Public Hearing to allow time for input and make some changes so we can introduce the Ordinance.
City Attorney Roberto stated you have the option to completely table it and not continue it to December. If you don't continue it to a date certain, which would be the December meeting it would need to be re-noticed so there would be a cost for re-noticing.
Councilman Reynolds moved to continue the item to the December meeting. The motion was seconded by Councilman Burton with a unanimous aye vote.
Categorical Exemption for the WattEV Electric Vehicle Charging Station Project.
Interim City Manager Crecelius stated WattEv is proposing to develop an electric truck and vehicle charging station located and designed to serve primarily pass-by traffic on Interstate 10.
The project includes a solar generation field on the southern parcel, and a set of 10 natural gas generators as backup power when insufficient electricity is available from the local power grid.
The site is comprised of three parcels totaling 127.25 acres. This site is directly west of the Casa Encinas apartment complex. It is estimated development of the site will take 6-8 months. The backup generators and solar field will be installed in stages over 24 to 48 months as operations increase. The EV charging station will have forty-six passenger vehicle charging stations and seventy-two truck charging stations. It will also include development of a lounge and convenience store with restrooms and an administrative office. The current zoning and General Plan designation is General Commercial (C-G) which does allow for the development of electric vehicle charging stations. Surrounding land uses include Interstate 10 to the north, a Hampton Inn Hotel to the northwest, a residential development to the east and vacant commercial lands to the west and agricultural lands to the south and southwest. As the Lead Agency under the California Environmental Quality Act (CEQA), the City has undertaken preliminary review and determined that the proposed development qualifies for a Categorical Exemption from the provisions of CEQA pursuant to CEQA Guidelines Section 18183 as the proposed project or site has no environmental sensitivity that would qualify as exceptions for a Categorical Exemption and the project is consistent with a Community Plan or Zoning. Based on the analysis, the City concludes the project does not require additional environmental review pursuant to CEQA. More detailed assessment of potential environmental affects and offsetting mitigation measures is provided for key resource topics including air quality, biological and cultural resources, energy use, greenhouse gas emissions, land use and consistent with the City's General Plan and zoning policies and noise and traffic. Therefore, subsequent to the public hearing, it is recommended 36 Council direct staff to file a Notice of Exemption for a Categorical Exemption pursuant to CEQA Guidelines Section 15183 with citation to Section 21083, Public Resources Code and reference to Section 21084 Public Resources Code for the WattEV Electric Vehicle Charging Station Project located on E. Donlon Street in southeast Blythe with the County Clerk.
No public comment. Councilman Reynolds moved approval of staff's recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. 2024-2025 Urban County Community Development Block Grant Program (CDBG).
Interim City Manager Crecelius stated the CDBG allocation for fiscal year 2024-2025 is estimated to be $97,808. Of the allocation, 15% is available to fund public service activities.
However, the City did not receive any applications for public service projects. In the past, the City has funded Harmony Kitchen and the Emergency Food Pantry. For several years the City used CDGB funds to improve City parks. Past projects include restrooms in Miller, Appleby and Todd Parks, playground equipment in Miller Park and Appleby Parks, the Splash Pad in Todd Park, Community Center upgrades and improvements and installation of shade structures at Quechan Park. Currently, CDBG funds are being used to install a playground shade structure in Engevik Park. The 2023-24 allocation, along with funds reprogrammed from past project were used to start a Home Enhancement Program in the City. This program provides exterior home improvements such as: roofs, doors, windows, and fencing. The Home Enhancement funds are allocated one time per property. After the work is completed, the owner must remain in the home for 5 years, or the cost of the home enhancements would be repaid by the homeowner. A covenant is placed on the property to memorialize this agreement. These improvements will be made to homes that are owned, not rented, to low-income persons. This program is provided in cooperation with Riverside County. The County works with city staff to identify potential properties. The County then conducts assessments and works with qualified homeowners. The County hires local contractors to perform the work. With current funding levels its anticipated thirteen homes would be rehabilitated. The first five homes identified for funding are slated to start construction shortly. This program is in line with the goals of the City's Housing Element.
The City has adequate housing stock; however, a number of the City's houses are considered blighted or sub-standard. A recent count by Development Services staff, as required for the Housing Element, identified 104 homes in need of rehabilitation or replacement. This program would help beautify neighborhoods and keep low-income persons in their homes. Staff would like to continue the work started with the Home Enhancement Program and allocate the 2024/25 allocation to the rehabilitation of the City's housing stock. This will allow for the rehabilitation of potentially another 3-4 homes. This could mean a total of 17 homes being rehabilitated Five-Year Consolidated Plan. This plan is designed to assist the County and its cooperating cities 2029 Consolidated Plan community needs assessment and outreach efforts such as public notices, social media, community meetings, surveys and provide the City's five-year funding priorities. A community needs survey in both English and Spanish has been posted on the City's website. Social media posts announcing the survey were posted to the City's social media accounts. The survey was also distributed at a Palo Verde Economic Alliance Meeting. City staff plans to send information related to the planning process in the City's December Newsletter and will work to conduct community workshop(s) to better assess the needs of the community. In 37 June the City released a FlashVote survey related to Community priorities. The survey results indicated that residents were most concerned with the condition of City streets and sidewalks, community cleanliness, satety and security, water and sewer intrastructure and parks and landscaped areas. Based on the results of this survey, CDBG eligible projects and the projects currently identified for CDBG funding, it is recommended Council set the 2024-2029 five-year HUD-CPD funding priorities as follows: Housing Rehabilitation through the Home Enhancement Program, Park Improvements, Street and Sidewalk Improvements and Water and Sewer System Improvements. Therefore, subsequent to the Public Hearing, it is recommended Council Apply the $97,808 CDBG Allocation for 2024-2025 to the City's Home Enhancement Program in partnership with Riverside County HWS; authorize the Interim City Manager to execute the supplemental agreement, along with any subsequent agreements with Riverside County for the allocation of the 2024-2025 CDBG Funds; authorize the City Manager to reprogram funds as required; and set the Community Development priorities for CDBG funding for the 2024-2029 Five Year Consolidated Plan.
No public comment. Councilman Reynolds moved staff's recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
Interim City Manager Crecelius stated Item No. 20, Urgency Ordinance establishing a Temporary Moratorium on the approval of Commercial Solar Energy Facilities was noticed as a Public Hearing. Since we discussed it at the last meeting, I put it under Continued Business on the Agenda. I respectfully request that you move the item to Public Hearing.
Urgency Ordinance Establishing a Temporary Moratorium on the Approval of Commercial Solar Energy Facilities. Interim City Manager Crecelius stated at the last meeting, Council adopted Ordinance No. 925-23-U establishing a 45-day temporary moratorium on the establishment of new commercial solar energy facilities in the City. Earlier this year, the City received applications for the construction and operation of a photo-voltaic (PV) solar array with attached battery storage on property located within the Colorado River Corridor Plan. The land is currently in agricultural production. Staff anticipates that the City will continue to receive applications for the construction of similar facilities in the Colorado River Corridor Plan and throughout the City. The Colorado River Corridor Plan was adopted in 2007 following a comprehensive planning process. It is a comprehensively planned, waterfront-oriented land use plan intended to complement other areas of the City. The City's vision for the plan area includes providing a variety of housing opportunities to establish viable and livable neighborhoods; preserving valuable open space; developing additional recreational and resort land uses; protecting existing agricultural land uses; creating a multi-purpose recreational trail system; providing additional river access points; and preserving open space while balancing circulation needs. The Blythe Zoning Code does not define or regulate commercial solar energy facilities.
The closest use defined in the Zoning Code is "utility operations facilities," which are defined by Section 17.08.710 as "facilities involved in the operation of the various public and quasi-public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs". Such definition was last amended in 1982 and does not clearly, and was not likely intended to, include solar energy facilities. Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, Development Services staff is concerned that commercial solar energy facilities may have adverse effects on City residents. Staff is also concerned that if commercial solar energy 38 facilities are established, they may be incompatible with residential and other land uses in the City and would interfere with achieving the goals and objectives of the Colorado River Corridor Plan. If the City Council does not adopt an extension to the moratorium ordinance, staff is concerned that commercial solar energy projects that are not compatible with surrounding uses may be established. Staff believes it is necessary to study and assess approaches to regulating the scale, design, and location of such facilities in order to ensure they are compatible with residential and other land uses in the City. Staff would like to schedule a Study Session in the first of the year to better study where these projects should be located within the City. Therefore, subsequent to the Public Hearing, staff is recommending that the City Council adopt, by a four- fifths vote, an urgency ordinance to extend the moratorium on the establishment of new commercial solar energy facilities for a period of 10 months and 15 days as authorized by California Government Code section 65858.
No public comment. Councilman Reynolds moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
URGENCY ORDINANCE NO. 926-23-U. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BLYTHE, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF
COMMERCIAL SOLAR ENERGY FACILITIES TO ALLOW TIME FOR CONSIDERATION OF POTENTIAL
AMENDMENTS TO THE BLYTHE ZONING CODE FOR THE PURPOSE OF ENSURING COMPATIBILITY WITH SURROUNDING LAND USES FOR A PERIOD OF 10 MONTHS AND 15 DAYS AND FINDING THE ORDINANCE IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius provided updates on Save Chuck. Another letter was sent to the Governor outlining the support received for Save Chuck. Assemblyman Garcia received a copy of the letter and now plans to write his own letter to the Governor. He will also issue a Press Release announcing he is still fighting this fight with the City. Professor Eason and his students at Brown University will present their findings to the City during a Special Meeting on December 7th h. Kosmont Companies is ready to present their preliminary findings to the Council as well. A Study Session will be scheduled in December, and we will do this in the evening to allow for public participation.
No public comment. The item was received and filed.
NEW BUSINESS:
Request to Waive Temporary Use Permit Fees for the Chamber of Commerce's Tree Lighting Ceremony and Winter Wonderfest. Interim City Manager Crecelius stated the Chamber of Commerce will install a Christmas Tree on a vacant property located at the southeast corner of Spring Street and Hobsonway. Once installed, there will be a tree lighting ceremony on Friday, December 1, 2023. A Temporary Use Permit is required to place this Christmas Tree on vacant property. The Chamber also plans to host its 3rd Annual Winter Wonderfest at 155 & 175 N. Spring Street (the former Sears and Ashley Home store) on Saturday, December 2, 2023. This event also requires a TUP. It is recommended the Council waive the Temporary Use Permit Fees for the Chamber's Tree Lighting Ceremony and Winter Wonderfest. 39 No public comment. Councilman Reynolds moved staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
Letter of Opposition to the Chuckwalla Monument, as drafted. Interim City Manager Crecelius stated Protect the California Desert is working with Congressman Ruis to call on President Biden to use the Antiquities Act to designate the Chuckwalla National Monument in Riverside and Imperial Counties. The Monument would permanently protect approximately 660,000 acres of federal land reaching from the Coachella Valley to the Colorado River. City Officials are concerned with the impacts the proposed monument, as currently drafted may have on the City and its residents. Little outreach has been done with the City or its residents and the unless amended. Therefore, it is recommended Council direct the Mayor to sign the and distribute a letter of opposition to the Chuckwalla monument as currently drafted.
No public comment. Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
ORAL REPORTS:
PUBLIC COMMENT:
Tom Daly of 2591 Fairway Dr. is concerned that the Blythe Courthouse is only open 3 days a week. This has created a problem in us being able to provide the service that the City of Blythe requires in having a courthouse open 5 days a week. The Court is closed on Monday and Wednesdays. Tuesdays are reserved for the felony calendar, Thursday is the misdemeanor and traffic calendar, and Friday is the civil calendar. This happened due to a budget crisis that occurred almost 10 years ago. We were almost closed at that time. Instead of closing completely it was reduced in staff and to 3 days per week. The workload and number of cases continue to build which puts pressure on court staff and the DA's office and creates a burden to the public and law enforcement. I am not sure what the Council can do about it. The Needles courthouse was closed and has recently re-opened. Menifee is opening a brand-new courthouse. If Needles can re-open and Menifee can have a new courthouse, why can't Blyth be open 5 days per week? My case load on prison cases is predominately with Ironwood State Prison. I have on average 50 open prison cases per month and Chuckawalla is 1/10th of that. If there is anything the City can do to influence the court being open 5 days per week it would be much appreciated.
Vice Mayor Rodriguez asked if the Indio court was back-logged so much that there would be a benefit to open this court 5 days per week? Mr. Daly said yes, if we were open 5 days per week, we could do misdemeanor trials in Blythe. When this courthouse was built the whole point was to have trial here. Then all of our law enforcement resources don't have to troupe over to Indo and Riverside for trial.
Councilman Reynolds asked if we could draft a letter from Council and signed by the Mayor to support this request.
40 City Attorney Roberto stated if you wish to issue such a letter you should agenize this for discussion and that action.
Liz Manjarrez-Cusick of 1174 Encanto Court asked about the grant received from Congressman Rulz's Office for the water tower. She said the grant will be opening again. I am a business consultant offering my services to the City.
George Colangeli with Peace from Chaos discussed the RAP Foundation meeting held at the College last week. There will be another meeting in February, and we need your support. The residents of Blythe want to bring this out into the open and we need a champion. Please come to these meetings and be part of them. Decisions about mental health services in Blythe are being made about the community at these meetings. He thanked the Mayor for coming to their Woof Day event.
ADJOURN: The City Council meeting was adjourned at 7:05pm.
Joseph DeConinck, Mayor
ATTEST:
Mallory Crecelius, City Clerk
41 12/6/2023 City of Blythe Page 1
8:47:35AM PERMITS ISSUED
For the Period 11/1/2023 thru 11/30/2023
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-029 CONC 460 NORTH FIRST STREET COLBY ALLEN 4,800.00 657.00 657.00 11/21/2023 SIDEWALK 845062004 RICHARD E HOOVER
11/27/2023 ISSUED Permit Name: SIDEWALK REPLACEMENT
B2311-011 CONC 155 NORTH THIRD STREET MARGARET HOCKETT 2,500.00 404.00 404.00 11/6/2023 APPROACH 845153013 TC CONSTRUCTION
11/6/2023 ISSUED Permit Name: APPROACHWAY
Total for: CONC 7,300.00 1,061.00 1,061.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2310-033 ELEC 974 EAST MURPHY STREET JOSE CAREVALO 30,000.00 827.90 827.90 11/30/2023 SOLAR 851064002 BETTER EARTH ELECTRIC INC
19/73/2023 ISSUED Permit Name: ROOF SOLAR & UPGRADE
B2311-015 ELEC 526 NORTH FOURTH STREET RAMIRO J. CHAVEZ 1,500.00 284.00 284.00 11/21/2023 842122007 SHAWN COPELAND
11/132023 ISSUED Permit Name: Replace 100 amp w/same
B2311-008 ELEC 208 WEST HOBSONWAY HI & CARMEN HAN 1,500.00 284.00 284.00 11/6/2023 848042009 SHAWN COPELAND
11/6/2023 FINALED Permit Name: Replace Damaged 100 amp Panel B2310-012 ELEC 1255 EAST RICE STREET WATKINS ENTERPRISES 1,500.00 284.00 284.00 11/6/2023 854040034 SHAWN COPELAND
10/1/2023 FINALED Permit Name: Replace Panel
B2310-030 ELEC 400 NORTH ACACIA STREET SPIVEY & GALVAN 10,000.00 712.70 712.70 11/15/2023 SOLAR 851142008 EFFICIENT BUILDERS CORP
19/720233 ISSUED Permit Name: ROOF SOLAR & UPGRADE
Total for: ELEC 44,500.00 2,392.60 2,392.60
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2304-015 ENCROACHMENT 100 block SOUTH SECOND STR CITY OF BLYTHE RIGHT OF WA 100,000.00 4,390.00 4,390.00 11/6/2023 PRECISE BUILDERS INC WHIC
3/20 ISSUED Permit Name: CIVILS@S2nd&Alley
2100
Total for: ENCROACHMENT 100,000.00 4,390.00 4,390.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid 213 NORTH DATE ROAD CITY OF BLYTHE 0.00 604.00 604.00
THE GAS COMPANY
ISSUED Permit Name: WO #520003368166
B2310-002 EXCAV 120 SOUTH LOVEKIN BOULEY CITY OF BLYTHE 0.00 604.00 604.00 11/3/2023 THE GAS COMPANY
102022023 ISSUED Permit Name: NOT#2042298813
PERM133
42 12/6/2023 City of Blythe Page 2
8:47:35AM PERMITS ISSUED
For the Period 11/1/2023 thru 11/30/2023
B2310-003 EXCAV 141 SOUTH SECOND STREET CITY OF BLYTHE 0.00 604.00 604.00 11/3/2023 THE GAS COMPANY
0/2/202 ISSUED Permit Name: NOT#2042375146
0/20/202
Total for: EXCAV 0.00 1,812.00 1,812.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-009 FENCE 350 NORTH BROADWAY ELISEO & ANA CERVANTES 2,500.00 132.94 132.94 11/6/2023 WROUGHT IRON 845071005 OWNER
11/6/3023 ISSUED Permit Name: Wrought Iron - Front
Total for: FENCE 2,500.00 132.94 132.94
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2310-026 GARAGE 672 WEST TENTH AVENUE LAURA LOYD 13,766.40 $15.82 515.82 11/21/2023 CARPORT 839010024 OWNER
10/622033 ISSUED Permit Name: CARPORT
Total for: GARAGE 13,766,40 515.82 515.82
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-030 459 NORTH FIRST STREET KELLY MORGAN 8,000.00 257.00 257.00 11/17/2023 845061015 AMERICAN AIR CONDITIONIN
1117/2023 ISSUED Permit Name:
Total for: MECH 8,000.00 257.00 257.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-021 OTHER 421 NORTH FOURTH STREET THOMAS BAKER 600.00 195.84 195.84 11/14/2023 845180024 OWNER
1/4/2023 ISSUED Permit Name: Wood-framed wall to shade carport B2311-032 OTHER 1088 EAST FOURTEENTH AVE! WILL H. ECTOR JR 9.700.00 226.37 226.37 11/20/2023 869361005 Permilame: REROOF & PAINT'S SCONSTRUCTION 1/20/202 ISSUED
1/20/202
B2311-016 OTHER 551 PARKER PLACE TENNEFOS & COVARRUBIAS 75,000.00 2,029.38 2,029.38 11/21/2023 842025012 MS CONSTRUCTION
HV/8122023 ISSUED Permit Name: Repair of Flood Damage
B2311-005 OTHER 563 EAST BARNARD STREET KINUTHIA HENRY 7,000.00 174.91 174.91 11/3/2023 845190029 STAN DUNCAN
11/3/2023 ISSUED Permit Name: Patio Repair & Reroof
Total for: OTHER 92,300.00 2,626.50 2,626.50
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid PERM133
43 12/6/2023 City of Blythe Page 3
8:47:35AM PERMITS ISSUED
For the Period 11/1/2023 thru 11/30/2023
B2311-013 PLUMB 950 EAST HOBSONWAY 4 EIGHTEEN CAPITAL VENTUR 2,000.00 223.00 223.00 11/7/2023 SEWER 854020002 STAN DUNCAN
8772023 ISSUED Permit Name: Sewer Line Repair
B2311-004 PLUMB 235 NORTH BROADWAY CITY OF BLYTHE 0.00 0.00 0.00 11/3/2023 WATER HEATER 845123005 LUSK PLUMBING
11/3/2023 ISSUED Permit Name: WATER HEATER
Total for: PLUMB 2,000.00 223.00 223.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-007 RERF 153 SOUTH PALM DRIVE SUZUKI & MEZA 10,000.00 226.41 226.41 11/6/2023 TEAR OFF 848022021 OWNER
11/6/2023 ISSUED Permit Name: TEAR OFF, 3016 sq f
B2311-020 RERE 1050 NORTH LOVEKIN BOULE BETHANY GOODCHILD 3,600.00 174.50 174.50 11/13/2023 TEAR OFF 839031012 OWNER
11/3/2023 ISSUED Permit Name: TEAR OFF ON CARPORT
B2311-010 RERF 641-645 EAST BARNARD STRE GLOBAL REAL ESTATE INVEST 8,100.00 213.85 213.85 11/6/2023 TEAR OFF 845093013 OWNER
1/62023 FINALED Permit Name: TEAR OFF, 2700 sq ft
B2311-003 RERF 450 NORTH WILLOW AVENUE JULIANA BATTLE 9,000.00 208.97 208.97 11/8/2023 TEAR OFF 845021025 OWNER
11/2/2023 ISSUED Permit Name: TEAR OFF, 1400 sqft
B2311-014 REF 184 NORTH ACACIA STREET 2. JONATHAN MICHAEL SMITH 4,000.00 174.52 174.52 11/8/2023 OVER EXIST 851071014 FERNANDOS AFFORDABLE FL
11/82023 ISSUED Permit Name: OE
B2311-019 RERF 424 NORTH CARLTON AVENUI DEMESIA & ALFRED FIGUERO. 3,500.00 174.50 174.50 11/13/2023 OVER EXIST 836062030 OWNER
1V/3/2023 FINALED Permit Name: OVER EXISTING, approx 2000 sq ft B2311-023 RERF 350 ALICE LANE JESUS MANUEL FELIX MOREN 3,000.00 174.50 174.50 11/14/2023 TEAR OFF 848161006 OWNER
1/142023 ISSUED Permit Name: TEAR OFF, approx 1100 sq fl B2311-027 RERF 418 NORTH FIRST STREET DEWEY JACK SHELTON JR 12,800.00 278.70 278.70 11/15/2023 TEAR OFF 845062010 OWNER
HV/18/2023 ISSUED Permit Name: TEAR OFF, 19 SQS
B2311-031 RERF 350 NORTH SOLA AVENUE KIRBY G HIGHTOWER 11,000.00 243.85 243.85 11/17/2023 OVER EXIST 851021015 OWNER
1V172023 FINALED Permit Name: OVER EXISTING, approx 1817 sq it B2311-040 RERF 439 EAST AVENUE A BUTTS & LARA 5,800.00 174.75 174.75 11/29/2023 TEAR OFF 845163018 OWNER
11/222023 ISSUED Permit Name: Includes 441 EAve A
Total for: RERF 70,800.00 2,044.55 2,044.55
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid PERM133
ALSOCATE:
44 12/6/2023 City of Blythe Page 4
8:47:35AM PERMITS ISSUED
For the Period 11/1/2023 thru 11/30/2023
RC2309-002 RIVCOUNTY 25685 NEIGHBOURS BOULEVA MARIA G. ZARATE 300.00 180.30 180.30 11/1/2023 872333005 OWNER
802182023 FINALED Permit Name: GAS LINE FOR 2 APPLIANCES RC2311-001 RIYCOUNTY 10761 6TH AVENUE COATS, DWIGHT 50,000.00 921.30 921.30 11/30/2023 830050005 BIG BIG POOL. AND SPA
1/2/202. ISSUED Permit Name: POOL
1/16/202.
RC2310-004 RIVCOUNTY 17867 BLYTHE WAY JESSE DELAO 1,500.00 315.20 315.20 11/21/2023 824064001 OWNER
10/23/2023 ISSUED Permit Name: FRONT PORCH
RC2310-006 RIVCOUNTY 11431 WEST FOURTEENTH AVI JAMES & JULIA PHELPS 400.00 294.40 294.40 11/29/2023 869020013 OWNER
0/10/202: ISSUED Permit Name: Elec Upgrade to 200 amp
1/6/202:
RC2308-001 RICOUNTY 17581 BLYTHE WAY GUADALUPE B GUTIERREZ 74,221.92 603.15 603.15 11/13/2023 SOLAR 824073003 SOLCIUS LLC
8/232023 ISSUED Permit Name: Roof Mount Solar
Total for: RIVCOUNTY 126,421.92 2,314.35 2,314.35
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2311-033 350 SOUTH BROADWAY GRL PROPERTIES 2005 4,500.00 347.00 347.00 11/20/2023 848142030 CARLOS NEON SIGNS
11/20/2023 ISSUED Permit Name: Face Change
Total for: SIGN 4,500.00 347.00 347.00
36 Permits Issued from 11/1/2023 Thru 11/30/2023 Total Valuation: $472,088.32 Total Fees: $18,116.76
Total Fees Paid: $18,116.76
PERM133
45 12/6/2023 City of Blythe
9:12:49AM
Cases Opened (By Type)
For the Period 11/1/2023 thru 11/30/2023
Type of Case Number opened
BLDG
COMPLAINT
WEED 1
ZONING
Total Cases Opened: 5
Closed in November: 33 cases
Remaining Active Cases: 372
12/6/2023 City of Blythe Page 1
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
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
PM2311-001 PARCEL MAP Tentative - 38860 RECIEVED
JONATHAN MICHAEL SMITH 11/17/2023
184 NORTH ACACIA STREET
Comments:
Total Projects for MALLORY CRECELIUS For the Period 11/1/2023 thru 11/30/2023: 1 12/6/2023 City of Blythe Page 2
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
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
TUP2311-001 TUP Remax Christmas Market COMPLETED
CITY OF BLYTHE 11/6/2023 11/16/2023
200 block WEST HOBSONWAY 11/16/2023
Comments:
Total Projects for MICHELLE VAN DYKE For the Period 11/1/2023 thru 11/30/2023: 1 46 12/6/2023 City of Blythe Page 3
9:11:10AM Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
PLANNER NAME: RICKY AGUILAR
Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved
Site Address Date Expired Date Closed
G2311-001 GRAFFITI covered graffiti COMPLETED
DOBBS LIVING TRUST 11/1/2023
278 NORTH NINTH STREET
Comments:
G2311-002 GRAFFITI covered graffiti COMPLETED
RODOLFO LEVARIO 11/1/2023
351 ALAMEDA STREET
Comments:
G2311-003 GRAFFITI covered graffiti COMPLETED
MANUAL MILKE 11/1/2023
341 ALAMEDA STREET
Comments:
G2311-004 GRAFFITI covered graffiti COMPLETED
JERRY & INMAN GRAIR 11/1/2023
361 ALAMEDA DRIVE
Comments:
G2311-005 GRAFFITI covered graffiti COMPLETED
TRUE VINE HOSPITALITY LLC 11/2/2023
939 EAST HOBSONWAY
Comments:
G2311-006 GRAFFITI covered graffiti COMPLETED
RENOVA PROPERTIES 11/2/2023
1020 EAST BARNARD STREET
Comments:
G2311-007 GRAFFITI covered graffiti COMPLETED
PATEL ET AL 11/2/2023
1781 EAST HOBSONWAY
Comments:
G2311-008 GRAFFITI covered graffiti COMPLETED
COACHELLA VALLEY HOUSING COALI 11/2/2023
170 S SPRING ST
Comments:
G2311-009 GRAFFITI covered graffiti COMPLETED
HOBSON HOSPITALITY 11/2/2023
1689 EAST HOBSONWAY
Comments:
PROJS CRSYSTEMS
47 12/6/2023 City of Blythe Page 4
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
G2311-010 GRAFFITI covered graffiti COMPLETED
HOBSON HOSPITALITY 11/2/2023
1673 EAST HOBSONWAY
Comments:
G2311-011 GRAFFITI covered graffiti COMPLETED
TRUE VINE HOSPITALITY LLC 11/8/2023
939 EAST HOBSONWAY
Comments:
G2311-012 GRAFFITI covered graffiti COMPLETED
CITY OF BLYTHE 11/8/2023
375 EAST DONLON STREET
Comments:
G2311-013 GRAFFITI cat walk COMPLETED
11/8/2023
300 block of E DONLON ST
Comments:
G2311-014 GRAFFITI covered graffiti COMPLETED
RIVAS & DAVIS 11/9/2023
411 NORTH SOLANO AVENUE
Comments:
G2311-015 GRAFFITI covered graffiti COMPLETED
MAURICIO ZUNIGA-FLORES 11/9/2023
301 SOUTH SECOND STREET
Comments:
G2311-016 GRAFFITI bathroom COMPLETED
CITY OF BLYTHE 11/9/2023
500 SOUTH LOVEKIN BOULEVARD
Comments:
G2311-017 GRAFFITI bathroom COMPLETED
CITY OF BLYTHE 11/9/2023
221 WEST BARNARD STREET
Comments:
G2311-018 GRAFFITI covered graffiti COMPLETED
JOHN & VALERIE DUPREE 11/15/2023
331 ALAMEDA STREET
Comments:
G2311-019 GRAFFITI covered graffiti COMPLETED
RENOVA PROPERTIES 11/15/2023
1020 EAST BARNARD STREET
Comments:
PROJ1S CRWSYSTEMS
48 1216/2023 City of Blythe Page 5
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
G2311-020 GRAFFITI covered graffiti COMPLETED
NEW COMMUNICATIONS OF THE SOUT 11/15/2023
400 EAST RICE STREET
Comments:
G2311-021 GRAFFITI covered graffit COMPLETED
NEW COMMUNICATIONS OF THE SOUT 11/15/2023
400 EAST RICE STREET
Comments:
G2311-022 GRAFFITI gate COMPLETED
11/15/2023
1300 block of W RIVERSIDE DRIVE
Comments:
G2311-023 GRAFFITI COVERED GRAFFITI COMPLETED
DOBBS LIVING TRUST 11/15/2023
278 NORTH NINTH STREET
Comments:
G2311-024 GRAFFITI wiped graffiti off COMPLETED
HOBSON HOSPITALITY 11/15/2023
1689 EAST HOBSONWAY
Comments:
G2311-025 GRAFFITI speed limit sign COMPLETED
11/16/2023
400 block of N SOLANO AV
Comments:
G2311-026 GRAFFITI SCHOOL SPEED LIMIT SIGN COMPLETED
11/16/2023
800W CHANSLORWAY
Comments:
G2311-027 GRAFFITI SCHOOL BUS PARKING ONLY SIGN COMPLETED 11/16/2023
Comments:
G2311-028 GRAFFITI STOP SIGN COMPLETED
11/16/2023
300 block of E CHANSLORWAY
Comments:
G2311-029 GRAFFITI stop sign COMPLETED
11/16/2023
500 block of 4TH ST
Comments:
PROJIS CRW SYSTEMS
49 12/6/2023 City of Blythe Page 6
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
G2311-030 GRAFFITI STOP SIGN COMPLETED
11/16/2023
500 block of E CHANSLORWAY
Comments:
G2311-031 GRAFFITI SCHOOL SPEED LIMIT SIGN COMPLETED
11/16/2023
600 block of E CHANSLORWAY
Comments:
G2311-032 GRAFFITI STOP SIGN COMPLETED
11/16/2023
600 block of E CHANSLORWAY
Comments:
G2311-033 GRAFFITI STOP SIGN COMPLETED
11/16/2023
700 block of E CHANSLORWAY
Comments:
G2311-035 GRAFFITI COVERED GRAFFITI IN PROGRESS
CITY OF BLYTHE 11/16/2023
250 SOUTH COLORADO RIVER ROAD
Comments:
G2311-036 GRAFFITI covered graffiti COMPLETED
VIRGIL & RASAMEE JAYCOX 11/29/2023
1936 EAST HOBSONWAY
Comments:
G2311-037 GRAFFITI covered graffiti COMPLETED
ERIC J CLARK 11/29/2023
500 WEST BARNARD STREET
Comments:
G2311-038 GRAFFITI covered graffiti COMPLETED
FRIESTAD, JOHN 11/29/2023
228 WEST HOBSONWAY
Comments:
G2311-039 GRAFFITI covered graffiti COMPLETED
DOBBS LIVING TRUST 11/29/2023
278 NORTH NINTH STREET
Comments:
G2311-040 GRAFFITI covered graffiti COMPLETED
CHERYL ERHART 11/29/2023
190 NORTH MAIN STREET
Comments:
PROJ15 CRWSYSTEMS
50 12/6/2023 City of Blythe Page 7
9:11:10AM
Projects by Type, Status and Date
For the Period 11/1/2023 thru 11/30/2023
G2311-041 GRAFFITI covered graffiti COMPLETED
JEAN WAI WONG 11/29/2023
1588 EAST HOBSONWAY
Comments:
G2311-042 GRAFFITI covered graffiti COMPLETED
JOSE RASCON 11/30/2023
408 WEST HOBSONWAY
Comments:
G2311-043 GRAFFITI covered graffiti COMPLETED
ERIC J CLARK 11/30/2023
500 WEST BARNARD STREET
Comments:
G2311-044 GRAFFITI covered graffiti COMPLETED
BLYTHE RA 320 LLC 11/30/2023
890 EAST HOBSONWAY
Comments:
G2311-045 GRAFFITI covered graffiti COMPLETED
200 N PALM DRIVE 11/30/2023
200 N PALM DRIVE
Comments:
G2311-046 GRAFFITI skate park IN PROGRESS
CITY OF BLYTHE 11/30/2023
400 BLOCK NORTH BROADWAY
Comments:
Total Projects for RICKY AGUILAR For the Period 11/1/2023 thru 11/30/2023: 45 PROJ15
CRWSYSTEMS
51 CITY OF BLYTHE FIRE DEPARTMENT
MONTHLY INCIDENT AND ACTIVITY REPORT
November 2023
Incident Total
Public Assist / Rescue / Medical Aid 30
Structure 2
Brush, Grass, Leaves 6
Trash, Rubbish, Dumpster 2
Arching Electric Equip./Power Line Down 1
Bees 1
Other 2
Total # of Incidents 44
Activity
Drills 5
Staff Meeting 1
Races 4
Total Activities 10
Respectfully Submitted
Ronald Hasler, Fire Chief
52 CHIEF
BLYTHE
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
November 2023
Incident Total
Resident Burglaries
Commercial Burglaries
Vehicle Burglaries
Domestic Violence
Battery
Grand Theft
Petty Theft
Shoplifting
Traffic Collision-Injury
Traffic Collision-Non injury
Traffic Collision-Hit and Run
Driving Under the Influence
Vandalisms
Trespassing 0
Prowlers
Public Intoxication
Alarm 31
Abandoned Vehicle Abatement 6
AVA Vehicles Tows 1
Vehicle Red Tags 5
Documented Police Reports 119
Total Incidents 1263
53 BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
10 POLICE
1****
Quality of Life Program
The statistics listed below reflect total numbers for the month of November 2023.
Homeless Detail: November
People contacted. 199
People given bus tickets and left town to seek resources 6 elsewhere.
People assisted with obtaining their ID or Social Security 2 Cards to register for housing and assistance.
People transported to or referred to mental health. 13
People detained under 5150 Welfare and institutions_ 0
Code and transported for treatment.
People awaiting acceptance to rehab. 0
People sent to rehab. 2
People picked up by a family member and taken home 0
out of town.
People assisted with tires and/or gas and relocated to a 3 location for resources out of Blythe.
Traffic Detail:
Citations issued for various traffic related violations. 10 Traffic enforcement vehicle stops resulting in warnings for. 2 minor violations.
Vehicles stored.
54 A CUT HIT LATE CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Community Facilities District No. 2004-1 Annual Report PRESENTED BY: Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: Receive and file the attached Community Facilities District (CFD) No. 2004-1 Special Tax Bonds, Series 2005 Annual Report.
FISCAL IMPACT: None.
BACKGROUND: The Local Agency Special Tax and Bond Accountability Act (the "Act") requires that any local special tax measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds.
STAFF REPORT: The City of Blythe issued $2,000,000 in Community Facilities District No. 2004-1 Special Tax Bonds in May 2005 that meet the reporting requirements of the Act. The attached report satisfies the reporting requirements and must be filed annually with the Governing Body.
ATTACHMENTS:
1. City of Blythe CFD No. 2004-1 Special Tax Bonds, Series 2005 Annual Report 55 ATTACHMENT 1
11/15/2023
CITY OF BLYTHE
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(HIDDEN BEACHES)
SPECIAL TAX BONDS, SERIES 2005
ANNUAL REPORT
The purpose of this report is to comply with the provisions of the Local Agency Special Tax and Bond Accountability Act (the "Act"). The Act provides that any local special tax measure that is subject to voter approval on or after January 1, 2001, that would provide for the mposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file a report with its governing body no later than January 1, 2002, and a least once a year thereafter. The annual report shall contain both of the following:
• The amount of funds collected and expended.
• The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.
The City of Blythe issued $2,000,000 in Community Facilities District No. 2004-1 Special Tax Bonds in May 2005. The bonds were issued to finance the acquisition and construction of certain public facilities including a sewer lift station, a sewer force main and related improvements connecting the District to the City's existing sewer facilities, including all clearing and grubbing, grading and appurtenances, and any removal or temporary signage or makings related thereto.
A separate account has been established with a third party trustee to administer the receipt and subsequent disbursement of the bond proceeds as the City accepts completed improvements. A summary sheet showing the receipt of funds as well as all subsequent disbursements made during the reporting period (October 1, 2022 to September 30, 2023) is attached as a part of this report. All of the facilities to be funded by CFD No. 2004-1 bond proceeds have been completed.
56 DTA 11/15/2023
CITY OF BLYTHE CFD NO. 2004-1
(HIDDEN BEACHES)
SB165 FUND SUMMARY
Beginning Balance Funds Received Funds Expended Ending Balance Fund as of 10/1/22 (10/1/22 through 9/30/23) (10/1/22 through 9/30/23) as of 9/30/23 Construction Fund $0 $O $0 $0
Reserve Fund $184,531 $7,107 ($6,597) $185,041
Interest Account $19 $80,000 ($79,920) $99
Principal Account $28 $70,093 ($70,000) $121
Costs of Issuance Fund $0 $O $o
Special Tax Fund $127 $185,228 ($149,920) $35,434
Administrative Expense Account $9,228 $20,893 ($16,610) $13,511 Surplus Fund $65,816 $1,691 ($24,682) $42,825
Capitalized Interest Account SO
Grand Total $259,748 $365,013 ($347,729) $277,031
ATTACHMENT 1
57 CITY OF BLYTHE
CITY COUNCIL MEETING
Blythe
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Extension of Temporary Use Permit- California Department of Transportation (CalTrans) for a Testing Lab for I-10 Project.
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Council authorize a twelve (12) month extension to TUP 2210-001 issued to the California Department of Transportation for a testing lab for the I-10 pavement rehabilitation project located behind 134 E. Hobsonway.
FISCAL IMPACT: None.
BACKGROUND: On December 1, 2022, a Temporary Use Permit (TUP) was issued to the California Department of Transportation for a testing lab necessary for the I-10 Pavement Rehabilitation Project. The lab is located behind 134 E. Hobsonway.
The Blythe Municipal Code allows the Planning Director to issue Temporary Use Permits for temporary uses up to one (1) year. The City Council has the authority to extend a Temporary Use Permit for an additional year.
STAFF REPORT: On November 16, 2023, staff received a request for an extension of Temporary Use Permit #TUP 2210-001 which expired on November 30, 2023. The request asks for a one-year extension to the TUP for the I-10 Pavement Project testing lab located behind 134 E. Hobsonway. As the I-10 Pavement Rehabilitation project is ongoing, staff recommends Council grant the one year extension.
ATTACHMENTS:
1. TUP Extension Request
2. TUP 2210-001
RECEIVED
DocuSign Envelope ID: 93BA3A97-07DB-4162-94D3-FD4C765A369B NOV 16 2023
CITY OF BLYTHE DEV. SER.
Osborne Realty
138 E Hobsonway
Blythe Ca 92225
[email protected]
11-16-2023
RE: Extension of Temporary Use Permit #TUP2210-001
We are requesting that the Temporary Use Permit #TUP 2210-001 expiring November 30*, 2023 behind 134 E Hobsonway for a Testing Lab for the -10 Project be extended for an additional year. We would like to go before the City Council for renewal approval.
Sincerely,
DocuSigned by:
11/16/2023
John Oaton
-7C331CD3E51D4B9...
John Osborne
Blythe CITY OF BLYTHE
DEVELOPMENT SERVICES DEPARTMENT
235 North Broadway • Blythe, California 92225
Phone (760) 922-6130 • Fax 760-922-4938
Temporary Use
Permit
PERMIT NUMBER: TUP2210-001
DATE ISSUED: December 1, 2022
EXPIRATION DATE: November 30, 2023
ISSUED TO: Dept of Transportation - CalTrans
LOCATION: Behind 134 East Hobsonway
PURPOSE: Testing Lab for I-10 Project
SPECIAL REQUIREMENTS:
• Permits required for unit setup, electrical and
plumbing.
• At the end of the project, the site is expected to be restored back with nothing remaining • on site,
including no holes or trip hazards.
PLANNING APPROVAL: Michelle
60 SORT, LET BRE CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Fiscal Year 2024 Patrol Vehicles Purchase
PRESENTED BY: Garth Dale, Chief of Police
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: Recommended City Council authorize the issuance of purchase order(s) in an amount not to exceed $376,573 for the purchase of five (5) 2024 Dodge Durango Pursuits, including costs associated with upgrade options, delivery, upfitting, and decaling.
Staff s recommendation includes:
1. Establish budget in an amount not to exceed $376,573; $366,573 to purchase the vehicles and $10,000 in contingency.
2. Authorize issuance of purchase order(s) for the five (5) vehicles in the amount of $282,939.05 to Elk Grove Auto.
3. Authorize issuance of purchase order(s) for the upfitting of all five (5) vehicles in the amount of $78,733.69 to Innovative Emergency Equipment.
4. Authorize issuance of purchase order(s) for the decaling of all five (5) vehicles in the amount of $4,900.00 to Signs Unlimited
5. Authorize the City Manager to issue additional and/or make minor amendments to purchasing contracts in an amount not to exceed $10,000 for any costs that may arise from equipping and taking delivery of the vehicles. Amendment to base cost of vehicles pursuant to State Contract #1-22-23-23E is excluded.
FISCAL IMPACT: Amount not to exceed $376,573 from Central Garage Fund in fiscal year 2024.
BACKGROUND: The City's fleet is comprised of vehicles and equipment that supports operations of all City departments. As best practice the City should monitor fleet operating costs, and recommend replacement of vehicles and equipment based on factors that include age, mileage and maintenance cost of each unit. The City provides funding to replace vehicles and equipment in its Operating and Capital Budget through the Central Garage Fund. Fiscal year 2024 budget provides funding for several vehicles within the City's fleet that are in need and scheduled for replacement. Funding is also provided for new acquisitions.
STAFF REPORT: Funding for the purchase of five (5) pursuit vehicles was provided for in fiscal year 2024 budget. Two (2) of the vehicles were budgeted for fiscal year 2023 and approved by City Council for purchase on October 11, 2022, from National Auto Fleet Group.
During budget planning staff became aware that the vehicles would not be delivered in time to be funded by fiscal year 2023 and would need to be budgeted for fiscal year 2024. As of to date, the vendor has been unable to secure the two (2) vehicles from the manufacturer. An additional three (3) pursuit vehicles were included in fiscal year 2024 budget for a total of five (5) vehicles. 61 Due to the difficulties staff have been having obtaining pursuit vehicles, staff have been actively exploring options available, including other vehicle models. Elk Grove Auto competitively bid and was awarded the state contract for the Dodge Durango and is confident that they can obtain all five (5) vehicles in the current fiscal year. Staff recommends canceling the current order from National Auto Fleet Group for the two (2) vehicles and purchasing all five (5) vehicles from Elk Grove Auto out of Elk Grove, California by leveraging the State of California's Contract #1-22- 23-23E. Additionally, staff have obtained quotes for uptitting from Innovative Emergency Equipment and decaling from Signs Unlimited for all five (5) vehicles.
Pursuant to Section 4, Subsection 4.2.4 of the City's Purchasing Policy and in accordance with Section 2.65.060 of the BMC the City may make purchases by leveraging contracts competitively bid by another governmental agency so long as it meets the requirements of the BMC. The purchase may be authorized under the City Council's purchasing authority pursuant to the Purchasing Policy and BMC.
ATTACHMENTS:
1. Elk Grove Auto Quote #C5631G
2. Innovative Emergency Equipment Quote #12224
3. Signs Unlimited Quote
62 Attachment 1
Elk Grove Auto DATE November 27, 2023
8575 Laguna Grove Drive To: Garth Dale Quotation # C5631G Elk Grove, CA 95757 Blythe PD
O: 916-509-8595 240 N. Spring Street
C: 916-813-4592 Blythe, CA 92225
Prepared by: Casey De Koning
(760) 922-6111
Comments or special instructions: Vehicle build and options are in additional pages.
State Contract # 1-22-23-23E
Description AMOUNT
Line 2 Dodge Durango AWD $ 42,825.00
Options (Refer to Window Sticker): $ 10,455.00
Pursuit Credit $ (1,275.00)
Paint - 4 Doors Beltline / Knuckle White PW7 $ 2,500.00 **** Please review, sign, and return a copy of the quote and **** **** specs with the PO or the vehicle will not be ordered. **** ****Shipping charge added for deliveries beyond Sacramento. No charge for will call. **** Subtotal $ 54,505.00
DOC Fee $ 85.00
(Order Acknowledgment Signature) (Date) Taxable Subtotal: $ 54,590.00 Tax Rate(Subject to change): 8.750% $ 4,776.63
CA Tire Fee: $1.75 / Per Tire Tire Fee: $8.75
Delivery Charge: $ 1,000.00
Total: $ 60,375.38
QTY: Grand Toral: $ 301,876.88
If you have any questions concerning this quotation, contact Casey De Koning at 916-813- $56,587.81 4592 or email at [email protected]
Qty 5 = $282,939.05
THANK YOU FOR YOUR BUSINESS!
63 Attachment 2
Estimate
Date Estimate #
INNOW/TIVE
12/5/2023 12245
EMERGENCY EQUIPMENT
1616 Marlborough Ave. #S-1 Name / Address
Riverside, Ca 92507 CITY OF BLYTHE
951-222-2270 235 N. BROADWAY
BLYTHE, CA 92225
P.O. No. Unit Number
Item Description Qty Rate Total
90 PER HOUR LABOR $90.00 PER HOUR 210 90.00 18,900.00T
TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM, RADIO/MODEM
ANTENNAS (CAN SUPPLY IF NEEDED) LAPTOP/DOCK DOCKING
STATION
DURANGO PATROL
FRONT
16-33332-CM 52" MULTI-COLORED COVERT RED/BLUE LIGHTBAR PER RSO SPEC'S 5 1.436.48 7,180.94T BK2168DUR21 21-23 DODGE DURANGO PB4S0LR2 LIGHT-READY 916.46 4,582.30T With SOUNDOFF SIGNAL MPOWER"
CD9012-PI-W Hide-A-Blast Strobe Twist Lock - White 10 63.492 634.92T C3900U-RSO Slim Speaker with universal Ü bracket 10 148.629 1,486.29T EMPS2STS4-D MPOWER® 4" Fascia Light w/ Stud Mount, 18" hard wire w/ sync option, SAE 5 89.70 448.50T Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - Red/White
EMPS2STS4-E MPOWER® 4" Fascia Light w/ Stud Mount, 18" hard wire w/ sync option, SAE 5 89.70 448.50T Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - BARET, MR6, AM POWER, SHORT SET 40.36 201.80T
INV-BRKT-SHORT
EMPS201SM-M-RSO MPOWER® 4" Fascia Light w/ Screw Mount, 18" hard wire w/ sync option, SAE 5 89.70 448.50T Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - W6B Hide-A-BlastTM, Wildeat™ W600 vertical fange mount, 9', Blue 5 68.082 340.41T W6R Hide-A-Blast™ Wildcat™M W600 vertical flange mount, 9, Red 5 68.082 340.41T EMPS2STS4-D-RSO POWER® 4" Fascia Light w/ Stud Mount, 18" hard wire w/ sync option, SAi 5 89.70 448.50T lass 1 & CA Titie 13, 9-32 Vac, Black Housing, 12 LED, Dual Color - Red/White
EMPS2STS4-E-RSO MPOWER® 4" Fascia Light w/ Stud Mount, 18" hard wire w/ sync option, SAE 5 89.70 448.50T Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - Blue/White
*Tax is Subtotal
applicable
where Sales Tax (8.75%)
vehicles are
exchanged Total
64 Attachment 2
Estimate
Date Estimate #
INNOYTIVE
12/5/2023 12245
EMERGENCY EQUIPMENT
1616 Marlborough Ave. #S-1 Name / Address
Riverside, Ca 92507 CITY OF BLYTHE
951-222-2270 235 N. BROADWAY
BLYTHE, CA 92225
P.O. No. Unit Number
Item Description Qty Rate Total
ANXMB&U-RSO 3/4' HOLE NMO STYLE BRASS MT W/17 RG58U COAX & NƠ 10 17.55 175.50T
CONNECTOR
ANXQW800-RSO 806-896 MHz 1/4 WAVE MOBIL ANTENNA. STAINLESS 11.32 56.60T ANXQWFT120-RSO 118-970 MHz 0 DB FIELD TUNAB 1/4 WAVE MOBILE ANTENNA 15.37 76.85T INV-ES-FF-ET-DUR ELECTRONIC STORAGE, FALSE FLOOR, ELECTRONIC TRAY, 939.35 4,696.75T
DURANGO, POLY COATED
INV-ES-FF-ET-BIRCH ELECTRONIC STORAGE, ACCESSORY, FALSE FLOOR, ELECTRONIC 5 47.89 239.45T TRAY, "BIRCH BOARD ONLY" INSERT, 35"W X 21"D, FITS ALL FALSE INV-ES-ORG-DUR ELECTRONIC STORAGE, ACCESSORY, 5.5" T × 35" W x 16" D 226.42 1,132.10T ORGANIZER WITH 2 DIVIDERS
AX-500-RSO AMEREX 5LB ABC FIRE EXTINGUISHER 2A.10BC 65.65 328.25T AX-860-RSO AMEREX 5 LB FIRE EXT HEAVY DUTY VEHICLE BRACKET W/ DOUBLE 39.39 196.95T
RUBBER STRAPS
Z3SXP-I-RSO Z3 SIREN W SERIAL MATRIX INTERFACE PBCH W BNSHE 686.37 3,431.85T Z3S-OBD-PIUEXP-RSO Z3S OBD MODULE AND HARNESS MATRIX FOR PIU16+ 226.214 1,131.07T INV-CON-DN-DUR CONSOLE, DUAL NOTCHED, DURANGO, 12" SLOPE, 2" FLAT, INCLUDES 469.47 2,347.35T
MOUNTING KIT, DUAL CUPHOLDER, ARMREST AND STANDARD FACE
PLATES (IF APPLICABLE)
LL18ESB-LED-A -RSO 18" LED RED/ WHITE GOOSENECK LITTLITE -ROCKER SWITCH 70.20 351.00T MMSU-1 MAGNETIC MIC CLIP 31.20 156.00T
HLN9073B. MOTOROLA MIC CLIP 4.51 22.55T
INV-WG-LWF-DUR WINDOW GUARDS, LEXAN WINDOW GUARD, DURANGO, INCLUDES 5 356.18 1,780.90T PASSENGER AND DRIVER SIDE, POLY COATED ***TINTED***
QK0566DUR11 Wit enter Pi Sa Els ENCED REQUISED, TO Plastic 5 1,208.484 6,042.42T -#12 VS Stationary Window Coated Polycarbonate Cargo Partition PK1133DUR11 11-23 Durango, #XL Stationary Window 5 744.472 3,722.36T XL ane Farionabonate 12 Viay! Coated Expanded Metal
FREIGHT 5 155.32 776.60
INV-ACC-WR-DUAL ACČESSORY, WEAPON RACK, DUAL, POWDER COATED 5 180.28 901.40T INV-ACC-WR-BP ACCESSORY, WEAPON RACK, BUTTPLATE, POWDER COATED 10 24.76 247.60T *Tax is Subtotal
applicable
where Sales Tax (8.75%)
vehicles are
exchanged Total
65 Attachment 2
Estimate
Date Estimate #
INNOVITIVE
12/5/2023 12245
EMERGENCY EQUIPMENT
1616 Marlborough Ave. #S-1 Name / Address
Riverside, Ca 92507 CITY OF BLYTHE
951-222-2270 235 N. BROADWAY
BLYTHE, CA 92225
P.O. No. Unit Number
Item Description Qty Rate Total
GUN-KIT-RSO BRACKETS, HARDWARE, WIRE ETC 60.35T
XL HANDCUFF STYLE LOCK WITH #2 KEY LOCK 137011033107
B417T-RSO 2.5 LBS FIRE EXTINGUISHER W/ VEHICLE BRACKET 55.25 276.25T INV-BRKT-CAGEBAR-RSO BRACKET, CAGE BAR, SETINA FRONT CAGE, MESH WINDOW, 2020+ 48.42 242.101 MISC
Ch27.1 INV.RCSO RIVERSIDE COUNTY PATROL SPEC'D HARNESS, 27.1 5 1,098.50 5,492.50T PSEC-PARTS-RSO MISC. PARTS, NEW ATTENNA ENDS FOR THE PSEC CABLES, N-MALE 33.772 168.86T
CONNECTOR, RUBBER GROMMETS FOR ANTENNAS
JOB MATERIALS MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS,SPLIT LOOM, 225.00 1,125.00T RELAYS, ETC.
*Tax is Subtotal $72461.28
applicable
where Sales Tax (8.75%) $6,272.41
vehicles are
exchanged Total $78,733.69
66 Attachment 3
PROPOSAL
SIGNS UNLIMITED
242 UHOASONWAL
Blythe CA 92225
160-922-3555
Proposal Submitted To: Job Name and Location:
City af BlinE police units
NAME
NAME
POLICE DEDIT. ADDRESS
ADDRESS
ButhE CA CITY STATE ZIP
CITY STATE ZIP
FAX TELEPHONE CONTACT
TELEPHONE
ARCHITECT DATE OF PLANS START WORK DATE YOUR INQUIRY NO. PROPOSAL NO. PAGE NO.OF PAGES DATE
We hereby submit specifications and estimates for:
DURAMAO'S policE UNitS
DECALS AND INSTALL # 9100 pER UNit
5-2024 DURANGOS # 4,55000
NEw policE DE. LeGo #35000 35000
up to ElvE tONeS DESigN tiME # 4900°°
Proposal includes materials and labor - complete accordance with above specifications, for the sum of:
Payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according lo standard practices. Any alteration or deviation from above specifications involving extra costs will be execuled only upon written orders, and will become an extra charge over and above the paulonzed signature smale. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to arry fire, tornado and other necessary insurance. Our workers are fully covered by Warkmen's Compensation Insurance. Note: This propasal may be withdrawn by us if not accepted within days.
Acceptance of Proposal
Acceptance of Proposal - the above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above Signature
Date of Acceptance
Signature
G7
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
COLLIED STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Agreement for Abatement Services at 226 & 228 S. Main Street PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council authorize the Interim City Manager to enter into Agreement No. 2023-061 A with R&L Watkins for the abatement of 226 & 228 S.
Main Street in an amount not to exceed $62,800, authorize 10% for project contingencies, set a project budget not exceeding $69,080, authorize the Interim City Manager to execute any amendments to the Agreement within the project budget, and authorize the Interim City Manager to take related actions necessary to abate this site.
FISCAL IMPACT: $69,080 in abatement funds included in the FY 2023/24 budget.
BACKGROUND: The property at 226 & 228 S. Main Street has been a nuisance for years, with multiple active Code cases on the property. Numerous fires have occurred on the property over the years causing further damage and adding to the nuisance condition. The most recent fire occurred in March of this year.
The property has sold multiple times over the last few years. After each sale, Code Enforcement staff has tried to make contact and work with the various property owners to bring the property into compliance, to no avail. As the property has further deteriorated, contributing to the nuisance condition, staff took the necessary steps to turn this case over to the City Attorney's office to seek an abatement warrant from the Court.
STAFF REPORT: In anticipation of receiving an abatement warrant from the court to abate this property, the City released a Request for Proposals for the Demolition and Abatement of 226 & 228 S. Main Street. Sealed proposals were due by 2:00pm on Tuesday, December 5, 2023. The following bids were received:
R&L Watkins, Inc. $62,800
Resource Environmental, Inc. $99,000
Based on staff's evaluation of the proposals received, which included review of completeness of proposals, consideration of experience and qualifications of proposers, capacity to perform, and proposed cost, staff is recommending that the Council award the agreement to R&L Watkins.
City staff reviewed R&L Watkins' project work history, references, and construction license.
R&L Watkins' license is current and in good standing with the State of California. R&L Watkins, Inc. recently completed the demolition of 1203 E. Hobsonway for the City, which was also under an abatement warrant. They did a fantastic job on that project, completing everything required in very short time allowed by the court. Staff is confident they will do the same at 226 68 and 228 S. Main Street. R&L Watkins has completed several other demolition projects for the City to abate City-owned property. They have also helped property owners abate properties in nuisance conditions in an effort to clean up the City. All jobs have been completed to the satisfaction of Development Services staff.
As detailed in the Request for Proposals, this project is contingent upon receiving an abatement warrant from the Court. Due to the limited time prescribed by the Court to complete these abatement projects, staff would like a contractor in place prior to going to court. Once the project is awarded by Council and an agreement for the work executed by the City Manager to the satisfaction of the City Attorney, the City Attorney will proceed to court for the warrant. Once the warrant is in hand, the demolition work will commence.
Therefore, it is recommended Council authorize the Interim City Manager to enter into Agreement No. 2023-061 A with R&L Watkins for the abatement of 226 & 228 S. Main Street in an amount not to exceed $62,800, authorize 10% for project contingencies, set a project budget not exceeding $69,080, authorize the Interim City Manager to execute any amendments to the Agreement within the project budget, and authorize the Interim City Manager to take related actions necessary to abate this site.
ATTACHMENTS:
Agreement No. 2023-061 A
2. Notice of Award
69 Agreement No. 2023-061 A
CITY OF BLYTHE
AGREEMENT FOR ABATEMENT SERVICES
FOR
226 AND 228 SOUTH MAIN STREET
THIS AGREEMENT FOR ABATEMENT SERVICES ("Agreement"), dated December 12, 2023 ("Effective Date"), is made by the CITY OF BLYTHE, a municipal corporation ("City"), and R&L WATKINS, INC., a California corporation ("Contractor").
WHEREAS, City requires the abatement services described below under Paragraph 1, Scope of Work (the "Project"); and
WHEREAS, City issued a Request for Proposals (RFP) for the Project on November 8, 2023; and
WHEREAS, City issued Addendum No. 1 to the RFP, dated November 20, 2023, incorporated by this reference as if fully set forth herein; and WHEREAS, City issued Addendum No. 2 to the RFP, dated November 21, 2023, incorporated by this reference as if fully set forth herein; and WHEREAS, Contractor submitted a proposal in response to City's RFP ("Contractor's Proposal"); and
WHEREAS, City has determined that Contractor submitted a responsive proposal and has the necessary qualifications and experience to perform the services; and WHEREAS, City now desires to contract with Contractor to furnish services for the Project; and
WHEREAS, City and Contractor desire to set forth their rights, duties and liabilities in connection with the services to be performed.
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE OF WORK.
Contractor shall provide the services set forth in City's RFP, attached hereto as Exhibit "A," and Contractor's Proposal, attached hereto as Exhibit "B," both incorporated herein (the The Project is known as the 226 & 228 S. Main Abatement Project.
CITY'S REPRESENTATIVE.
The City's Representative is Jason Brown, referred to herein as the "City's Project Manager".
1 R&L Watkins, Inc.
228 & 228 S. Main Abatement Project
Form Revised 11-1-2023
70 Agreement No. 2023-061 A
3. CONTRACTOR'S PROJECT MANAGER; PERSONNEL.
Project Manager. Contractor's representative is Leslie Jessop-Watkins, referred in writing by the City's Project Manager.
(b) Personnel. City has the right to review and approve any personnel who are assigned to perform work under this Agreement. Contractor shall remove personnel from pertorming work under this Agreement if requested to do so by City.
This Paragraph 3 is a material provision of the Agreement.
4. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf of City by the Project Manager, and in accordance with the time of performance set forth in Paragraph 10 (Time of Performance).
5. EQUIPMENT - PERFORMANCE OF WORK.
Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with this Agreement and all exhibits hereto.
The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.
6. COMPENSATION.
City agrees to pay Contractor in accordance with the fee schedule set forth in Contractor's Proposal. Contractor's total compensation shall not exceed Sixty-Two Thousand Eight Hundred Dollars ($62,800.00).
7. ADDITIONAL SERVICES.
Contractor shall not receive compensation for any services provided outside the scope of services unless such additional services, including change orders, are approved in writing by the City Manager prior to Contractor performing the additional services.
It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from City shall be barred and are unenforceable.
PAYMENTS TO CONTRACTOR
Contractor may invoice the City upon completion of the Work to the City's satisfaction. City R&L Watkins, Inc.
228 & 228 S. Main Abatement Project
Form Revised 11-1-2023
71 Agreement No. 2023-061 A
will pay Contractor's invoice within thirty (30) days of receipt.
9. PROMPT PAYMENT OF SUBCONTRACTORS.
Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its services no later than ten (10) days from Contractor's receipt of payment from
10. TIME OF PERFORMANCE.
Contractor acknowledges and agrees that the Work shall not commence until City has obtained an abatement warrant from the Riverside County Superior Court (the "Court"). Once the City obtains an abatement warrant, the City will provide Contractor a copy of same and provide Contractor with a Notice to Proceed. Contractor shall commence the Work within one (1) calendar day from receipt of the Notice to Proceed. Contractor shall complete the Work within fourteen (14) calendar days from the date of the abatement warrant unless additional time is granted by the Court.
Notwithstanding the foregoing, upon execution of this Agreement, Contractor shall apply for and obtain all necessary permits and coordinate the delivery of bins with CR&R Environmental Services.
Contractor shall provide updates to the City regarding the progress of the Work. If Contractor believes Contractor will need additional time beyond the 14 days provided by the abatement warrant, Contractor shall advise City of same at least four (4) days prior to the expiration of the 14-day period.
11. TERMINATION.
City may terminate this Agreement at any time, with or without cause, by providing seven (7) days' written notice to Contractor.
12. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which Contractor may be required to do, or respecting any payment to Contractor during the performance of this Agreement, such dispute shall be decided by the City's Project Manager, and his or her decisions shall be final and binding upon Contractor.
13. SUPERINTENDENCE BY CONTRACTOR
At all times during performance of the Work, Contractor shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for Contractor.
14. INSPECTION BY CITY.
Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work. City shall have the right of access to the premises for R& Watkins, Inc.
228 & 228 S. Main Abatement Project
Form Revised 11-1-2023
72 Agreement No. 2023-061 A
inspection at all times. However, City shall, at all times, comply with Contractor's safety requirements on the job site.
15. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
Contractor warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement. Contractor, at Contractor's sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance by City. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by Contractor.
16. INDEMNIFICATION.
Contractor agrees to protect, defend, with counsel of City's choosing, indemnify and hold harmless City and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's proposal, which shall be of no force or effect.
Contractor shall comply with all of the provisions of the Workers' Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable. Contractor shall indemnify and hold harmless City from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorneys' fees, that may be presented, brought or recovered against City for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by Contractor or any subcontractor or others performing on behalf of Contractor.
City does not, and shall not, waive any rights against Contractor which it may have by reason of the above hold harmless agreements, because of the acceptance by City or the deposit with City by Contractor of any or all of the insurance policies described in Paragraph 17 R&L Watkins, Inc.
228 & 228 S. Main Abatement Project
Form Revised 11-1-2023
73 Agreement No. 2023-061 A
(Insurance) of this Agreement.
The hold harmless agreements by Contractor shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys' fees) incurred or alleged to have been incurred, by reason of the operations of Contractor or any subcontractor or others performing on behalf of Contractor, whether or not such insurance policies are applicable.
Contractor shall require any and all tiers of subcontractors to afford the same degree of indemnification to the City of Blythe and its elected and appointed boards, officers, agents, and employees that is required of Contractor and shall incorporate identical indemnity provisions in all contracts between Contractor and all tiers of its subcontractors.
In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, Contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City.
17. INSURANCE.
Minimum Scope and Limits of Insurance. Contractor shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 17 and City has approved the insurance as to form, amount, and carrier, nor shall Contractor allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.
Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(i) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(ii) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. (iii) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (b) Endorsements. The commercial general liability insurance policy and business R&L Watkins, Inc.
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automobile liability policy shall contain or be endorsed to contain the following provisions:
(i) Additional insureds: "The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor." (ii) Notice: "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City." (ili) Other Insurance: "Contractor's insurance coverage shall be primary insurance as respects the City of Blythe, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Blythe shall be excess and not contributing with the insurance provided by this policy." (c) Reporting Provisions. Any failure of Contractor to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Blythe, its officers, officials, agents, employees, and volunteers.
Insurance Applies Separately. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
Proof of Insurance. Contractor shall furnish certificates of insurance and additional insured endorsements to the City, in a form satisfactory to City's Risk Management, within ten (10) days from the Effective Date of this Agreement and prior to commencement of the Work. No payments for services provided by the Contractor under this Agreement shall be made by the City until it is in receipt of said certificates. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the City to any and all remedies at law or in equity, including immediate termination of this Agreement.
(g) Non-Limiting. Nothing in this Paragraph 17 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
18. PREVAILING WAGE REQUIREMENTS.
Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. This Project is a "public works" project and requires R&L Watkins, Inc.
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compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file with the City and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the Project site(s). (C) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractors) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by Contractor or by any subcontractors) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the provisions of Sections 1810 et seq. of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractors) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. Contractor shall also furnish each week to City's Project Manager a statement with respect to the wages of each of its employees during the preceding weekly payroll period.
Registration with DIR. Contractor and any subcontractors) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the Department of Industrial Relations (DIR).
19. COMPLIANCE WITH ALL LAWS.
Contractor shall, at its own cost and expense, comply with all applicable local, state, and 7 R&L Watkins, Inc.
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federal laws, regulations, and requirements in the performance of this Agreement, including, but not limited to, the California Green Code and laws regarding health and safety, labor and employment, and wage and hours.
20. NON-DISCRIMINATION.
In performing this Agreement, Contractor will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the Labor Code.
21. PROVISIONS CUMULATIVE.
The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to City.
22. NOTICES.
All notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City pursuant to this Agreement shall be addressed as follows:
City of Blythe
235 N. Broadway
Blythe, CA 92225
Attn: Mallory Crecelius
Notices required to be given to Contractor shall be addressed as follows:
R&L Watkins, Inc.
P.O. Box 1756
Blythe, CA 92226
Attn: Leslie Jessop-Watkins
23. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between City and Contractor is one of principal and independent contractor and no other. All personnel to be utilized by Contractor in the performance of this Agreement shall be employees of Contractor and not employees of the City. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relationship, or any other elationship except as set forth between the parties.
elatio thai centepts is not parter entity, is er gates or lice aco City or Contractor or statements made by City or Contractor shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.
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24. PERS ELIGIBILITY INDEMNIFICATION.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees' Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
25. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.
26. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Riverside, California.
27. NO THIRD-PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
28. ASSIGNABILITY.
This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party's written permission.
Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.
29. WAIVER
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other 9 R&L Watkins, Inc.
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occurrence or event, nor shall any waiver constitute a continuing waiver.
30. HEADINGS.
neluded soly for suerion, ainare anot to be considered to thor fore a tur accurate description of the content thereof.
31. CONSTRUCTION.
The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
32. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.
This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
33. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.
34. CORPORATE AUTHORITY.
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE FOLLOWS.J
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF BLYTHE CONTRACTOR
Mallory Crecelius Leslie Jessop-Watkins
Interim City Manager President
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
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80 EXHIBIT A
REQUEST FOR PROPOSALS
81 EXHIBIT B
CONTRACTOR'S PROPOSAL
82 Blythe CITY OF BLYTHE
235 North Broadway • Blythe, California 92225
Phone (760) 922-6161 • Fax (760) 922-4938
NOTICE OF AWARD
TO: R&L Watkins, Inc.
P.O. BOX 1756
Blythe, CA 92226
PROJECT DESCRIPTION:
CITY OF BLYTHE
DEMOLITION AND ABATEMENT ON S. MAIN STREET
The City of Blythe has considered the proposal submitted by you for the above-described work in response to its Invitation for Proposals dated November, 15 2023.
You are hereby notified that your bid has been accepted as listed on the Schedule of Items and Prices in the proposal form in the amount of $62,800.
You are required by the Information for Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The City will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the CITY OF BLYTHE.
Dated this 13" day of December 2023.
CITY OF BLYTHE - OWNER
By: Mallory Crecelius
Interim City Manager
83 CORTA TINI SUPRISE
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
COADLTEHEE STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Continued Participation in the Post-Release Accountability and Compliance Team (PACT)
PRESENTED BY: Garth V. Dale, Chief of Police
PREPARED BY: Garth V. Dale, Chief of Police
RECOMMENDATION: Staff recommends the City Council authorize the Interim City Manager to execute the Memorandum of Understanding (MOU) for continued participation in the Post-Release Accountability and Compliance Team (PACT), and any future amendments to the MOU once reviewed and approved by the City Attorney.
FISCAL IMPACT: None. The Community Corrections Partnership Executive Committee (CCPEC) will reimburse the City up to $238,150.00 per participation year for salary, benefits, overtime, vehicle use and equipment for the police officer assigned to the PACT team.
BACKGROUND: The implementation of AB 109, The Public Safety Realignment Act of 2011, resulted in specified convicted felons and parolees, who were previously monitored by State Parole, to be supervised by the Riverside County Probation Department (RCPD). On August 30, 2011, CCE of Riverside County voted unanimously on the need for a county-wide law enforcement component to this supervision. The Riverside County Sheriff's Department, Riverside County District Attorney's Office, Riverside County Probation and eleven municipal law enforcement agencies in Riverside County have built the infrastructure for this critical enforcement component. The Post-Release Accountability and Compliance Team (PACT) is a county-wide, multi-jurisdictional team comprised of members from each of these organizations.
Under the guidance of the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS), Riverside County formed three (3) separate "regional" teams to address the impacts of the "realignment" of the State's corrections system through a partnership with the RCPD. The regional teams are identified as West-PACT, Central-PACT and East-PACT.
Funding to reimburse the cost for participating agencies placing employees on a team comes from the CCPEC funds distributed by Probation.
The East-PACT team is comprised of the following agencies: Blythe PD, Cathedral City PD, Desert Hot Springs PD, Indio PD, Riverside County Sheriff's Dept., Riverside County District Attorney's Office, and Riverside County Probation.
Over the last year, the PACT team has been very successful not only in the City of Blythe, but throughout the East-End of Riverside County.
STAFF REPORT: By continuing to assign a full-time officer to the PACT team, Blythe will further benefit from PACT team operations on at least a monthly basis. The Team also provides 84 follow up investigations and assists in special details as needed. Continuing participation in PACT is an essential part of the Blythe Police Department's coordinated and proactive approach to stopping violence in our community.
One additional police officer position has been added to the funded position listing in the FY 2023/24 budget. This additional position backtills the officer assigned to the PACT team so there Will be no impact on current police statting levels or our service to the community. Should funding for the PACT officer cease, the employee would be removed from the PACT Team. The extra position would be eliminated, hopefully through attrition.
The MOU has a term of July 1, 2023 through June 30, 2024. After the initial term, the MOU provides for automatic annual renewals each fiscal year, with the final renewal period ending June 30, 2028.
Staff recommends that the Council authorize the Interim City Manager to execute the MOU, and any future amendments to the MOU once such amendments have been reviewed and approved by the City Attorney.
ATTACHMENTS:
Memorandum of Understanding
85 cOUNTy OPRIVERS
MAY 9, 1893
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND PARTICIPATING
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM (PACT)
LOCAL LAW ENFORCEMENT AGENCIES FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
FY 2023-2024
86 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
1.0 Background 3
2.0 Parties and Purpose 3
3.0 Probation Officer Role 4
4.0 Term... 4
5.0 Amendment or Termination of MOU 4
6.0 Audits 5
Records Retention 5
7.0 8.0 Financial Reports 6
9.0 Confidentiality 6
Hold Harmless and Indemnification. 6
10.0 11.0 6
Assignment.
12.0 License and Certifications.. 7
13.0 Compliance, Governing Law and Severability..
14.0 Compensation 7
14.1 Maximum Amount 7
14.2 Method, Time and Schedule/Condition of Payments.. 7
14.3 Use of Funds. 8
14.4 Disallowance
14.5 Availability of Funding.
Notices 9
15.0 16.0 Merger Clause 10
17.0 Electronic Signatures. .. 10
SIGNATURE PAGES .. 11
Exhibit A: Quarterly Financial Summary Report Template ... .. 24 Exhibit B: PACT Invoice Template........ . 25
Exhibit C: Distribution of Annual PACT Allocation by City... 26 Exhibit D: PACT Frequently Asked Questions. 27
Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .. . 30 Page | 2
87 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
1.0 BACKGROUND
The Public Safety Realignment Act of 2011 (Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department (hereinafter Probation). On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County (County) voted unanimously for the need of a county-wide law enforcement component.
The eleven (11) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to support this type of critical enforcement. The Post-release Accountability and Compliance Team (hereinafter PACT) is a county-wide, multi-jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff's Department representing the seventeen Sheriff's contract cities within the County.
The primary mission of PACT is to work with Probation to focus on "high-risk" and "at-large" realignment offenders that pose the most risk to public safety. PACT is dedicated to:
• Identifying and investigating "non-compliant" realignment offenders, • Locating and apprehending "at-large" and "high-risk" realignment offenders, and • Performing probation compliance sweeps.
Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators, and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management, addressing treatment needs, and ensuring compliance with Court-ordered conditions.
2.0 PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Page | 3
88 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department, Riverside County Sheriff's Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT.
The police chief of the Murrieta Police Department is the voting member of the CCPEC and represents the PACT local law enforcement agencies participating in this MOU, including for receipt of notices under section 15.
The parties agree to the terms and conditions of this MOU, which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU.
3.0 PROBATION OFFICER ROLE:
Probation Officers are peace officers under Penal Code section 830.5 whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment, as follows:
1) To conditions of parole, probation, mandatory supervision, or post-release community supervision by any person in this state on parole, probation, mandatory supervision, or post-release community supervision.
2) To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post-release community supervision.
4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. 5) To the rendering of mutual aid to any other law enforcement agency.
4.0 TERM
This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective designees. The term of this MOU shall commence on July 1, 2023, and effective through June 30, 2024. Thereafter this MOU will automatically renew, annually, for each fiscal year from July 1st to June 30th and shall remain in effect until June 30, 2028, unless terminated or modified as defined in section 5.0 of this MOU.
5.0 AMENDMENT OR TERMINATION OF MOU
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89 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
This MOU may be amended at any time with the written concurrence of all parties. This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment to this MOU formally approved and executed by both Probation and each participating PACT agency. Consideration for amendment will be given upon written notification by one party to the others. The parties will review this MOU at least annually and modify as needed.
Any participating PACT agency can withdraw participation in this MOU with or without cause upon thirty (30) days written notification to the other parties. Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies.
This MOU can be terminated with or without cause by any party upon thirty (30) days written notification to the other parties or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the written notice of termination or upon effective date of funding expiration.
6.0 AUDITS
The parties agree that any duly authorized representative of the Federal, State, or local government shall have the right to audit, inspect, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized representative of the Federal, State, or local government shall be the responsibility of the participating PACT agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT agencies under this MOU or any PACT agreement with Probation.
7.0 RECORDS RETENTION
Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit.
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90 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
8.0 FINANCIAL REPORTS
Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods:
Quarter Reporting Period
1 July 1 - September 30
2 July 1 - December 31
July 1 - March 31
4 July 1 - June 30
The CCPEC-approved template for financial report submission is attached hereto and incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probation. Due dates for quarterly financial reports are established annually by the CCPEC.
9.0 CONFIDENTIALITY
All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations.
10.0 HOLD HARMLESS AND INDEMNIFICATION
Each participating agency agrees to indemnify and hold the other participating agencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or resulting from negligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, any participating agency, or its agents, are held liable for deaths or injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions of each participating agency. In the event of liability imposed upon any of the participating agencies for death, injury, and/or damage which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU.
11.0 ASSIGNMENT
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91 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect.
12.0 LICENSE AND CERTIFICATIONS
When applicable, all parties verify upon execution of this MOU, that all work performed pursuant to this MOU will be performed by properly trained and licensed/certified staff who possess current and valid license/certifications in compliance with any local, State, and Federal laws.
13.0 COMPLIANCE, GOVERNING LAW, AND SEVERABILITY
The parties shall comply with all applicable Federal, State, and local laws and regulations.
In the event there is a conflict between the various applicable laws and regulations, the parties shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be filed only in the Superior Court for the State of California in Riverside, California. All parties shall be obligated to attend a mediation session before a neutral third-party mediator prior to the filing of any legal action.
If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
14.0 COMPENSATION
14.1 Maximum Amount:
The maximum allowable costs under this MOU shall not exceed the approved CPEC for each annual fiscal year's budget. Annual allocations assigned to each PACT agency are detailed in the annual budget proposal Exhibit C, attached hereto, and incorporated herein. It is agreed that a revised budget will be submitted to the CCPEC for approval each FISCAL year.
14.2 Method, Time and Schedule/Condition of Payments:
Within thirty (30) days of the end of each month in which services were rendered, each participating PACT agency will prepare and submit to Probation's Accounts Payable, via email [email protected], a reimbursement claim/journal entry for Page | 7
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
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POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
services and expenditures performed and incurred during the month. Using the invoice template, attached hereto and incorporated herein as Exhibit B, claim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable.
Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor-Controller's office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the Riverside County Board of Supervisors. Upon approval by both governing bodies, held invoices will be released to the Auditor-Controller's office for processing.
Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day.
If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse participating PACT agencies for services provided in accordance with the terms and conditions contained herein.
Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, attached hereto and incorporated herein as Exhibit D.
14.3 Use of Funds:
PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. The parties shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. The parties agree not to use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other. program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, attached hereto and incorporated herein as Exhibit E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit.
93 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
14.4 Disallowance:
In the event a party receives payment for services pursuant to this MOU which is later disallowed for nonconformance with the terms and conditions herein by Probation, the party shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to the party under any PACT agreement with Probation.
14.5 Availability of Funding:
Probation's obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made.
15.0 NOTICES
All notices, claims, correspondence, reports, and/or statements authorized or required by this MOU shall be addressed for each location as follows:
Riverside County Probation Department
Probation Administration
Administrative Services Manager III - Fiscal Services Division P.O. Box 833
Riverside, CA 92502
(951) 955-2983
Post-release Accountability and Compliance Team
Tony Conrad, Chief of Police
Murrieta Police Department
2 Town Square
Murrieta, CA 92562
(951) 461-6358
[email protected]
All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable.
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MEMORANDUM OF UNDERSTANDING
16.0. MERGER CLAUSE
This MOU, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing, including the FY22-23 MOU.
17.0. ELECTRONIC SIGNATURES
Each party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (|"CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this MOU. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
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95 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
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MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Mallory Crecelius, City Manager Date
City of Blythe
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96 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Christopher H. Wright, Chief Probation Officer Date
Riverside County Probation Department
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY:
Lisa Sanchez
Deputy County Counsel
DATE:_
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MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Doug Schulze, City Manager Date
City of Banning
98 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Sean Thuilliez, Chief of Police Date
Beaumont Police Department
99 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Charles P. McClendon, City Manager Date
Cathedral City
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MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Robert Newman, Chief of Police Date
Corona Police Department
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Doria Wilms, City Manager Date
City of Desert Hot Springs
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PROBATION DEPARTMENT, AND
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Eddie Pust, Chief of Police Date
Hemet Police Department
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Bryan Montgomery, City Manager Date
City of Indio
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PROBATION DEPARTMENT, AND
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Armando G. Villa, City Manager Date
City of Menifee
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Kim Summers, City Manager Date
City of Murrieta
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PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Al Zelinka, City Manager Date
City of Riverside
ATTEST:
Donesia Gause, City Clerk
APPROVED AS TO FORM
BY:
Rahman N. Gerren
Deputy City Attorney
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PROBATION DEPARTMENT, AND
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Chad Bianco Date
Riverside County Sheriff-Coroner
(Coachella, Lake Elsinore and San Jacinto Stations)
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY:
Amrit P. Dhillon
Deputy County Counsel
DATE:
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MEMORANDUM OF UNDERSTANDING
Exhibit A Quarterty Finanolal Summary Report Template
108 Community Correotions Partnership Ersautve Commit
2023/24 Finanolal Report - Operating Fur
(Reporting Period Dates)
CPEC Apescy:
EXPORTESS
Ertirele
TEE pooled 0u008
DOTARTMENTAL SEVENT porting Parlad Disters Fus-Year jon-Going Ericane
Code Descredo:
ael.
Tole Dapi. Rover
MY COST
ECFEE AgeGy:
Dript Murder If ripple male): NARRATIVE
Misporting Period 18, 2, 3, at 4)
get editen for eddies these likes
Prapened by: Approves:
Tonia:
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POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
EXHIBIT B
PACT INVOICE TEMPLATE
(City Logo/ Letterhead) INVOICE:
. DATE:
¡DUE DATE:
Bill to:
RIVERSIDE COUNTY PROBATION DEPARTMENT
FISCAL UNIT ADMIN SVC MGR
PO BOX 833
RIVERSIDE, CA 92502
Invoice Type: iPACT Description: (Month) Invoice
[Description Total Price
PACT (City Name) Reimbursement for (Month) Services
1) Salaries and Benefits (Period: MM/DD/YR-MM/DD/YR)
2) Supplies (receipts attached)
Total Due $ -
Documentation with invoice includes copies of times heets for billing period and verification of salary and benefits rates charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation will be on file with the City of (City Namel. Human Resources Department and available to an authorized auditing official for review. 1, the undersigned, hereby certify the above claim submitted for reimburesement are true and correct Realignment expenditures in accordance with the Memorandum of Understanding (MOU) between the Riverside County Probation Department and the Post-release Accountability and • Compliance Team (PACT).
Signature Title Date
Please remit payment to:
(Provide city information)
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
EXHIBIT C
DISTRIBUTION OF ANNUAL PACT ALLOCATION BY CITY FY23-24
EAST ALLOCATION 0&M
City of Cathedral City (Sergeant) $297,000.00* $100,000.00 City of Cathedral City $238,150.00
City of Coachella $238,150.00
City of Desert Hot Springs $238,150.00
City of Indio $238,150.00
City of Blythe $238,150.00
WEST
City of Corona $238,150.00
City of Corona (Corporal) $261,800.00
City of Riverside (Sergeant) $297,000.00 $100,000.00
CENTRAL
City of Banning $238,150.00
City of Beaumont $238,150.00
City of Hemet (Sergeant) $297,000.00 $100,000.00
City of Lake Elsinore $238,150.00
City of Menifee $238,150.00
City of Murrieta $238,150.00
City of San Jacinto $238,150.00
Total Annual Pact Allocation FY23/24 $4,010,600.00 $300,000.00 Combined Total $4,310,600.00
• PACT agencies with sergeants assigned to the teams receive $297,000 each. PACT agencies without sergeants assigned to the teams receive $238,150, and corporal receives $261,800 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised FY 23/24.
Host PACT agencies to receive $100,000 in FY 23/24 to offset Operation and Maintenance costs.
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PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Exhibit D
Frequently Asked Questions
1. Year End:
a. What is a year-end estimate claim and what needs to be included? i. A year-end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures incurred during the month of June and have a record that the final submittal is pending.
ii. If funds are not encumbered to cover final year-end claims and a claim is submitted, the reimbursement may be charged against the PACT agency's allocation for the next fiscal year.
iii. To submit a year-end estimate claim form:
1. Use the Invoice Template (Exhibit B) provided,
2. In the location on the form for listing the month/year of the claim, please mark as the June Estimate,
3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June;
4. Attach any advance approvals for services/supply/equipment purchases, and
5. Submit estimate to Probation no later than June 20 of each year. b. What if the claim for actual year-end expenditures is not submitted before the County's year-end submission deadline?
i. If the claim for actual year-end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided.
ii. When the claim is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference will be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation.
c. What documentation is needed to include major purchases in the year-end estimate?
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PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
i. To include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles.
ii. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy of the documents used by the City to encumber funds in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency. d. What if the estimate is overstated?
i. If any unused funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment.
2. Staff Substitution for Another PACT Agency
a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages?
i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage.
ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to Probation. The claim should include back-up documentation reflecting invoices and payment to the substituting Police Department for staff services rendered. Any back-up documentation provided by the substituting Police Department (such as timesheets) should be included in the monthly claim.
ili. PACT Agencies cannot bill against another PACT Agency's allocation.
3. Mileage Claims
a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim.
b. What if a vehicle is 100% PACT?
i. Fuel reimbursement statements reflecting the vehicle's mileage use over the course of the fiscal year is sufficient back-up for mileage reimbursement.
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
4. Staff Time
a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid.
ii. Detailed tracking of when the time is earned and when it is paid will need to be provided as back-up to the claim. The tracking is necessary to ensure no duplication of payment is requested (ie. reimbursement for compensation time on one pay period and on the next pay period requesting reimbursement for time-off using those same backed compensation time hours). A tracking sheet can be provided upon request. ili. PACT Agencies that allow their officers to 'sell back' their compensation time at the end of the vear can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up. b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up?
i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter-approved their timesheets.
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PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Exhibit E
Funding & Reimbursement Policy and Guidelines for Regional PAC Teams A.R.C.C.O.PS.
Association of Riverside County Chiefs of Police and Sherff
FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES
FOR REGIONAL P.A.C. TEAMS
Rev. 5/2023
PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams.
11. ORGANIZATION: Each regional PAC Team will establish a governing board, including on command- level representative from each participating agency.
A. The regional governing board will provide operational and financial support and oversight to the regional team.
B. The regional board may also determine when a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS).
IlI. MEMBERSHIP: PAC Team membership is open to all law enforcement agencies who are members of ARCCOPS. The voting membership of ARCCOPS shall determine which agencies will receive funding.
A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership.
1. ARCCOPS will determine agency participation and reimbursement as requested based on available funding and regional needs.
IV. FUNDING & REIMBURSEMENT: Funding for PACT personal is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB- 109 mitigation grant (Cal Chief's).
A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team.
B. Reimbursement will be limited to the following:
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FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
1. Actual cost of all salary, benefits, paid leave and overtime paid to agency employees for work while assigned and working for a PAC Team.
2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for travel to, from and during PAC Team activities.
3. Equipment as needed for each PACT Officer, Deputy, and/or PAC Team.
C. Total reimbursement shall not exceed $238,150 per fiscal year for each police officer or detective assigned; $261,800 per fiscal year for corporal assigned; and $297,000 per fiscal year for each sergeant assigned to supervise a PAC Team.
D. Participating agencies shall submit detailed expenditure claims on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona).
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PUBLIC
HEARING
117
SHAS SUR CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Ordinance No. 923-23 Repealing and Replacing Chapter 17.26 (Signs) of Title 17 (Zoning) 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 that the City Council, subsequent to the public hearing, introduce Ordinance No. 923-23:
ORDINANCE NO. 923-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.26 (SIGNS) OF TITLE 17 (ZONING) OF THE
BLYTHE MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) FISCAL IMPACT: None.
BACKGROUND: Earlier this year, the City Council met in a Study Session to discuss proposed amendments to the City's Sign Ordinance. Staff sought direction from Council on potential amendments to the City's Sign Ordinance to provide clear guidance on the type and size of signs allowed within commercial and non-commercial zones. It was also intended to make the Sign Ordinance easier to use and have a favorable outcome for businesses. Staff took direction at the Study Session and went to work on proposed amendments to the City's Sign Ordinance. The last comprehensive update of the City's Sign Ordinance occurred in 2004.
The Blythe Municipal Code and State law require two public hearings regarding the proposed Ordinance. On October 10, 2023, the City Council, acting as the Planning Agency, conducted a public hearing regarding proposed Ordinance No. 923-23. On November 14, 2023, the City Council conducted the second public hearing regarding the proposed Ordinance. Following public comment, the City Council voted to continue the public hearing to December 12, 2023 to allow the public additional time to submit feedback regarding the proposed Ordinance.
STAFF REPORT: Significant changes were made to the City's Sign Ordinance for compliance with State and Federal law. Also included in the proposed Ordinance are the items discussed at the Study Session. Signs that were previously prohibited including A-trame signs and billboards are permitted in the proposed Ordinance with regulations. The number of allowable signs, sign height and sign area were increased in the proposed Ordinance. The current Ordinance has a maximum size aggregate of 50 sq. ft. In the proposed Ordinance, the total maximum sign aggregate is 250 sq. ft. based on the property's parcel size. If adopted, larger parcels would have the opportunity to 118
install larger signs to match the scale of their development.
The proposed Sign Ordinance allows for up to a total of four signs in commercial zones and industrial zones, with a maximum of two signs per building side. The current Ordinance does not allow for more than two signs with no more than one sign per building. This was problematic for businesses wanting to place both their business name and logo on their building. This will allow businesses more flexibility in their signage plan and will help meet the needs of corporate businesses with standardized signage requirements. The proposed Ordinance also addresses temporary window sign placement and permanent window signs, like window graphics, which are not specifically addressed in the current Ordinance.
The proposed Ordinance provides a definition and procedures for murals. The Ordinance outlines the mural approval process, which is a recommendation from the Art in Public Places Committee to the City Council.
Staff's intent with this update was to provide better signage options for our businesses while promoting the public health, safety and welfare and preserving community aesthetics through the implementation of a uniform set of rules and regulations.
Prior to and following the November 14, 2023 Council meeting, staff received feedback from the public regarding the proposed Ordinance. Based upon the feedback received, the proposed Ordinance has been further revised to:
• Revise Section 17.26.070(D) to provide that signs installed, owned, controlled, or maintained by the City and signs displaying information to the public on behalf of the City are exempt from the requirements of Chapter 17.26.
• Remove the requirement previously included as Section 17.26.160(C)(5) regarding recording a covenant in connection with mural installation. • Increase the maximum mural height outlined in Section 17.26.160(D)(3) from 20 feet to 25 feet above grade.
• Remove the prohibition against murals containing artistic depictions of the business, goods, or services being provided on the premises from Section 17.26.160(D)(5). • Remove the requirement that digitally printed murals receive approval from the Fire Department from Section 17.26.160(D)(11).
• Revise Section 17.26.200(F) to clarify that an application for a sign permit shall be approved if the proposed sign is consistent with the requirements of Chapter 17.26.
Staff believes the proposed Ordinance is representative of the goals of the City. Therefore, staff recommends that the City Council introduce Ordinance No. 923-23.
ATTACHMENTS:
1. Ordinance No. 923-23
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ORDINANCE NO. 923-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 17.26 (SIGNS) OF TITLE 17 (ZONING) OF THE
BLYTHE MUNICIPAL CODE AND FINDING THE
ORDINANCE IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE
EXEMPTION)
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, the City of Blythe, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and WHEREAS, signs constitute speech protected by the First Amendment of the United States Constitution and by Article 1, Section 2 of the Constitution of the State of California and the City's regulation of signs must be consistent with these protections; and
WHEREAS, an uncontrolled proliferation of signs within the City is harmful to the public's health, safety, and welfare, in that such signs are:
a. aesthetically displeasing, distracting, discordant with their surroundings and detract from the natural beauty of the City, and
b. they create a safety hazard as drivers, pedestrians, and others venturing into the public area will be distracted by attempting to read an excessive number of signs that are placed in a haphazard, dangerous, or dangerously attention-seeking manner; and
WHEREAS, the City has a substantial interest in regulating signs to further the City's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988) and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and
WHEREAS, businesses have an interest in having signage that effectively advertises their goods or services, and is visible to potential customers; and WHEREAS, City residents and visitors have a substantial interest in visiting, living, and working in an aesthetically pleasing City; and
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WHEREAS, City residents and visitors have a substantial interest in traffic safety within the City; and
WHEREAS, the City has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and
splace alemative ges for and, and pose other prostem that distrately calists regulation; and
WHEREAS, commercial speech can be regulated more stringently than non- commercial speech; however, the City Council recognizes the need of businesses in the City to communicate to the public about the goods and services they provide; and WHEREAS, the City Council intends to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set forth herein (See e.g., Reed v. Town of Gilbert, 76 U.S. 155 (2015); and
WHEREAS, these regulations allow on-site commercial signage while limiting off- site advertising signs, the City Council having found that onsite commercial speech is more valuable than off-site commercial speech, as permitted in Outdoor Systems, Inc. V.
City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law; and
WHEREAS, a message substitution provision has been added to the City's sign regulations, allowing any sign regulated by the new provisions of this Ordinance to display a non-commercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict non-commercial signage to a greater degree than commercial signage. (See Clear Channe/ Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems. Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and WHEREAS, the unregulated proliferation of temporary signs in the public right-of- way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and
WHEREAS, prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the City's substantial interest in traffic safety (See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 Ordinance No. 923-23
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(2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic)); and
WHEREAS, Section 17.66.060 (Public Hearings) of Chapter 17.66 (Amendments-Rezones) of Division V (Administration, Permits and Variances) of Title 17 (Zoning) of the Blythe Municipal Code requires the City Council to conduct two public hearings prior to amending the Zoning Code; and
WHEREAS, on October 10, 2023, the City Council of the City of Blythe, acting as the City's Planning Agency, held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendments to Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code; and
WHEREAS, on November 14, 2023, the City Council of the City of Blythe held a second duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendment to Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code, and continued the public hearing to December 12, 2023; and
WHEREAS, on December 12, 2023, the City Council of the City of Blythe held the continued public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendment to Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code; 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) (Common Sense Exemption) because the Ordinance will not have a significant effect on the environment; WHEREAS, the proposed Zoning Code amendments are consistent with the City's General Plan; 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 17.26 of Title 17. Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code is hereby deleted in its entirety and replaced with the following:
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Chapter 17.26 - SIGNS
17.26.010 - Findings.
The city council finds all of the following:
A. Police power. The city, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and
B. First Amendment. Signs constitute speech protected by the First Amendment of the United States Constitution and by Article 1, Section 2 of the Constitution of the State of California and that its regulation of signs must be consistent with these protections; and
C. Harms of non-regulation. An uncontrolled proliferation of signs within the city is harmful to the public's health, safety and welfare, in that such signs are:
1. aesthetically displeasing, distracting, discordant with their surroundings and detract from the natural beauty of the city, and
2. they create a safety hazard as drivers, pedestrians, and others venturing into the public area will be distracted by attempting to read an excessive number of signs that are placed in a haphazard, dangerous, or dangerously attention- seeking manner; and
D. Substantial interest. The city has a substantial interest in regulating signs and the regulations within this chapter further the city's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988) and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and
E. Commercial interests. Businesses have an interest in having signage that effectively advertises their goods or services, and is visible to potential customers; and
F. Aesthetic interests. City residents and visitors have a substantial interest in visiting, living, and working in an aesthetically pleasing city; and G. Traffic safety interest. City residents and visitors have a substantial interest in traffic safety within the city; and
H. Limited regulation is necessary. The city has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by Ordinance No. 923-23
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limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and
1. Signs can cause problems. Signs take up space and may obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation; and
J. Commercial speech vs. non-commercial speech. Commercial speech can be regulated more stringently than non-commercial speech; however, the city council recognizes the need of businesses in the city to communicate to the public about the goods and services they provide; and
K. Content neutrality. The city council intends this chapter to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set forth herein (See e.g., Reed v. Town of Gilbert, 76 U.S. 155 (2015); and L. On-site signage. These regulations allow on-site commercial signage while limiting off-site advertising signs, the city council having found that onsite commercial speech is more valuable than off-site commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); and
M. Procedures are beneficial. Because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law; and
N. Message substitution. A message substitution provision has been added to the city's sign regulations, allowing any sign regulated by the new provisions of this ordinance to display a non-commercial message, so that the city's regulations satisfy the constitutional mandate that it not restrict non-commercial signage to a greater degree than commercial signage. (See Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems. Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and
O. Temporary signs. The unregulated proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and P. Limits on interfering with traffic. Prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety (See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862(2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic)).
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17.26.020 - Purpose.
The purpose of this chapter is to promote the public health, safety and welfare and preserve community aesthetics through implementation of a uniform set of rules and regulations. This chapter is intended to:
A. Preserve and improve the appearance of the city as a place to live, work, and visit; B. Reduce visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer; C. Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties; D. Ensure that signs effectively identify businesses and other establishments; E. Prevent an inadvertent favoring of commercial speech over non-commercial speech; and
F. Reduce traffic hazards.
17.26.030 - Definitions.
For the purposes of this chapter, the following definitions shall apply. These definitions shall be adapted to the context for appropriate grammatical tenses, number, case, and gender.
"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered permanent signs. "Abandoned sign" means a sign which is one of the following: (a) located on property which becomes vacant or unoccupied for one year or more; (b) previously pertained to an on-site occupant or business, but is now unrelated to the premises' present occupant or business; or (c) a sign which pertains to a time, event, or purpose which no longer applies.
"Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises.
"Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.
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"Advertising vehicle" means any vehicle or trailer on a public right-of-way or public property or on private property visible from a public right-of-way which has attached thereto, or located thereon, any advertising device or detachable sign, which device or sign has the basic purpose of advertisement. One example of an "advertising vehicle" is a vehicle towing a trailer with an arrow directing traffic to a commercial establishment. "Aggregate sign area" means the total area of all signs combined. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are flags.
"Art mural" means a non-commercial, original, one-of-a-kind, hand-painted, or hand- tiled work of visual art on the exterior wall, façade, or surface of a building. "Art mural" does not include murals containing any electrical or mechanical components or changing image murals.
"Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools. An example of an attraction board is a theater marquee.
"Banner" means a sign hung without frames, possessing written communication applied to nonrigid paper, plastic, fabric, or similar material. "Billboard" means a sign with a commercial message, other than a directional sign, which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premise where the sign is located, or to which it is affixed. Also known as an outdoor advertising sign.
"Building-mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. All parts of the sign are affixed flush to the wall.
Building-mounted signs may include murals, signs affixed to awnings (excluding under canopy signs), signs attached to fascia, mansard roof signs, wall signs, and window signs. "Business" means a commercial, office, institutional or industrial establishment. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground or supported by a frame extending from the building and/or posts from the ground. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.
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"Commercial sign" means a sign which is "commercial" as defined by applicable case law interpreting the First Amendment to the United States Constitution. Typical examples of "commercial" signs include advertisements of a particular product or service. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes.
"Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. Typical examples of such signs are: "one-way," "entrance," "exit," "parking in rear," "fifteen miles per hour," "no left turn."
"Director" or "planning director" means the director of the City of Blythe development services department or the director's authorized agent or representative. "Downtown area" means that area on Hobsonway extending from the east side of Ash Avenue to the west side of Third Street; and the area between the alley west of Main Street to the alley east of First Street extending north from Hobsonway to Murphy Street and south from Hobsonway to Rice Street.
"Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.
"Fascia" means a parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six feet from the building face immediately adjacent thereto.
Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building.
"Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic.
"Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.
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"Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. "Illumination" or "illuminated" means the method by which a sign is lighted to be readable at night. The following types of illumination are provided for in this chapter:
1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.
2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g., "reverse channel" letters). "Improvement plans)" means on- and off-site construction drawings. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy.
"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map. See "site." "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. "Modification" or "modify" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval. Solely repainting a sign in original colors is not a "modification."
"Monument sign" means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles. "Multi-building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or Ordinance No. 923-23
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pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multi-building complex may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-tenant commercial use of a single structure or structures in multiple buildings.
"Multi-tenant commercial building" means a commercial development in which there exist multiple separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multi-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multiple-occupant commercial use of a single structure. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.
"Non-commercial sign" means any sign which is not a commercial sign. Examples include, but are not limited to, political signs and ideological signs. "Off-premises sign" or "off-site sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off-premises signs as used within this chapter.
"On-premises sign" or "on-site sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. "Parapet wall" means a wall extending above the roof plane of the building. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall, or building. A sign may be a "permanent sign" even if the sign itself has changeable copy. "Political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. "Portable commercial sign" means a commercial sign made of any material, which, by its design, is readily movable, whether or not equipped with wheels, casters or rollers or other similar design, which sign is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the Ordinance No. 923-23
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primary purpose of which is to serve as a base or platform for the sign. This definition generally includes A-frame signs.
"Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces or secondary supports are visible.
"Private property" means any property other than public property. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. "Semipermanent sign" means a non-illuminated sign intended to be erected or posted for a minimum of 61 days and a maximum of one year. Typical examples include a sign advertising the future construction of one or more buildings or a model home complex. "Sign" means any medium for visual communication, including but not limited to words, symbols and/or illustrations, together with all parts, materials, frame, and background, which is used or intended to be used to attract attention to, identify or advertise an establishment, product, service, cause, activity or location, or to provide information or opinion, or to convey a message. "Sign" includes, but is not limited to posters, reader boards, placards, fliers, handbills, paintings, murals, statues, wall designs, balloons, flags, and inflatable tube men.
"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.
"Sign permit" means an entitlement from the city to place or erect a sign. "Sign structure" means the structural supports, uprights and bracing for a sign. "Site" means the area of the lot to be developed.
"Temporary sign" means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time. A typical example of a temporary sign is a yard sale sign.
"Under-canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.
"Wall sign" means a sign, which is attached to, erected on, painted on, or otherwise affixed to the exterior wall of a building or structure so that the face of the sign is approximately parallel to the building's exterior wall and exposed to the building's exterior side. Signs or advertising displays in or on windows are not wall signs.
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"Temporary window sign" means a sign printed on paper, cardboard, wood, or other temporary material, affixed to, or displayed flush against a window or located within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located; it also includes paint applied directly to the window. A typical example is a paper poster that is taped to the inside of a store window.
onto a window. A typical example is or thia plasuface appled tor wine sto pad almost appears to be part of the window itself
17.26.040 - Applicability/general rules.
A. Applicability. This chapter applies to all existing and proposed signs to be located within the city.
B. Types of signs. There are three main types of signs: permanent, semipermanent, and temporary.
C. General rule. No person shall erect, place, modify, or maintain any sign except as authorized by this chapter. To ensure compliance with this chapter, a sign permit shall be required for any sign, except as provided herein.
D. Other permits required. Even if a given sign is exempted from the sign permit requirements of this chapter, the sign is still subject to all other applicable requirements of this code, including, but not limited to, grading, plumbing, electrical, building, fire, encroachment, and similar safety requirements.
17.26.050 - General policies.
The following policies, principles, rules, and regulations apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary:
A. Message neutrality. It is the city's policy to regulate signs in a viewpoint-neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.
B. Administrative interpretations. All administrative and quasi-adjudicative interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the director and/or the city council, as applicable, shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.
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C. Message substitution. Subject to the owner's consent, a non-commercial message of any type or content may be substituted for any allowed commercial message or any allowed non-commercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message.
This provision does not create a right to increase the total amount of signage on a parcel or lot; it does not create a right of substitution of one commercial message in place of another; it does not create a right to display an off-site commercial message sign, and it does not affect the requirement that a sign structure or mounting device be properly permitted.
D. More rigorous standards prevail. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the planning director determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the city council for determination.
17.26.060 - Signs prohibited in all zones.
Except as otherwise permitted by this chapter, the following signs are prohibited in all zones:
A. Any sign not in accordance with the provisions of this chapter; B. Abandoned signs;
C. Advertising vehicles;
D. Signs affixed to vehicles parked on private property which collectively exceed two square feet, or two linear feet in any dimension;
E. Commercial flags;
F. Animated or flashing signs within 25 feet of or projecting into any public right-of- way;
G. Portable commercial signs;
H. Off-premises signs;
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1. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; J. Building-mounted signs placed on or above the roof or above the eave line of any structure;
K. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal;
L. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device;
M. Signs that create a potential safety hazard by obstructing a clear view between any combination of vehicles and/or pedestrians;
N. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a sign permit; O. Neon signs, except those specifically approved as an activity's major identification sign;
P. Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter;
Q. Advertising statuaries;
R. Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy;
S. Any signs not specifically allowed in this chapter.
17.26.070 - Exempt signs.
Notwithstanding Section 17.26.060 (Signs prohibited in all zones), the following signs are not subject to this chapter.
A. Unseen signs. Signs which are designed and located such that they can be viewed exclusively from within a building or an enclosed outdoor area.
B. Official notices. Official notices issued by any court or public body or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice.
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C. Public safety signs. Directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.
D. City signs. Signs installed, owned, controlled, or maintained by the city and signs displaying information to the public on behalf of the city.
E. Directional pavement markings. Markings on pavement which are solely directional.
17.26.080 - No sign permit required.
Notwithstanding Section 17.26.040 (Applicability/general rules), the following signs do not require a sign permit. However, such signs must still comply with all other requirements of this chapter and all other legal requirements.
Neither their sign area nor the number of signs shall be included in the calculation of the aggregate sign area or number of signs permitted for any premises or use.
A. Signs in any zone except residential. Newspaper stand identification. Maximum three square feet. No illumination.
B. Residential zones.
1. One permanent sign. One permanent sign, or a collection of permanent signs which work together, which collectively do not exceed two square feet. Such sign(s) shall be affixed to the primary structure. A typical example is a sign showing the numerical street address.
2. Flags. One building-mounted non-commercial flag no larger than five feet in length or three feet in width.
3. Vehicular directional signs. Vehicular directional signs solely used to identify street entrances and exits. Such signs may be building-mounted or free standing. Each sign may not exceed three square feet. Each sign may be illuminated.
4. For sale signs. Consistent with California Civil Code section 713, one freestanding sign per street frontage installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Each sign may not exceed eight square feet and may not exceed four feet in height.
Such signs shall not be illuminated.
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5. Temporary non-commercial signs. The owner or occupant, or other party with the permission of the owner and/or occupant, may display temporarily signage displaying any non-commercial message subject to the following rules:
a. The height of an individual sign shall not exceed six feet. b. The total square footage of signs displayed under this section shall not exceed eight square feet.
c. If temporary signs posted under this section pertain to a specific event, they shall be taken down within seven days after the event occurs. d. The sign shall not be displayed for a period of more than 90 days.
6. Temporary signs displayed during one-time event. The owner or occupant of a residential parcel may also display an additional temporary sign containing any commercial or non-commercial message for up to 72 hours during the occurrence of a one-time event held at the property: In no event may the sign be displayed within 24 hours after the one-time event has concluded.
C. Commercial and industrial zones.
1. Temporary window signs. Temporary window signs fronting on a street, parking lot or common on-site area, not covering more than 50 percent of the area of the window(s) within which they are placed for a period not to exceed 14 days not more than four times per calendar year, with a minimum of 30 days between each placement. If a temporary window sign is painted directly onto the window, then instead of 14 days, the temporary window sign may be placed for a period not to exceed 45 days. No more than three signs per elevation with windows may be installed at any one time.
2. One building-mounted sign. One building mounted sign within 30 feet of the main entrance. Such sign shall not exceed four square feet, and shall not exceed three feet in any dimension, and shall not be installed at any location in excess of six feet from the ground. Such signs shall not be directly illuminated.
3. Up to six permanent signs. Up to six additional signs per premises. Such signs collectively cannot exceed three square feet and must be either building- mounted or window-mounted. Such signs shall not be illuminated.
4. Up to two temporary non-commercial signs. Up to two non-commercial temporary signs per property. The sign area for such signs may not exceed four square feet each. A typical example is a sign regarding an upcoming election.
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5. One for sale sign. Consistent with California Civil Code section 713, one freestanding sign per street frontage to a maximum of one sign per parcel installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Such sign may not exceed 32 square feet or have any side exceed eight feet. Such sign shall not be illuminated.
17.26.090 - How area and height are measured.
A. How sign area is measured. Sign area is measured as follows:
1. Basic rule. Sign size or area is the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.
2. Window signs. Temporary window sign area is the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs applied directly on the glass (e.g., plastic film onto the glass), area measurements are the same as for wall signs.
3. Wall signs. The area of signs composed of individual letters affixed to a building or freestanding wall is the area which encloses all copy, logos, and graphics with four, six, or eight perpendicular lines.
4. Double-faced signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area is the area of either face taken separately. Thus, if the maximum permitted sign area is twenty square feet, a double-faced sign may have an area of twenty square feet per face.
5. Three-dimensional signs. If a sign has three or more faces, its sign area is the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is five square feet.
6. Separated-panel signs. The sign area of open or separated panel signs (i.e., those signs having empty spaces between copy panels) is the entire area encompassed by the sign face, including the empty spaces between panels.
B. How sign height is measured. Sign height is measured as follows:
1. Building-mounted signs. The height of building-mounted signs is measured from the average finished grade directly beneath the sign.
2. Freestanding signs. The height of a freestanding sign is measured from the top of the curb of the nearest street (or the edge of pavement of such street where Ordinance No. 923-23
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there is no curb) to the highest point of the surface of the sign or any vertical projection thereof, including supporting columns and/or design elements.
However, if the director reasonably determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height is measured from the average finished grade at the base of the sign.
17.26.100 - Sign regulations applicable in all zones.
A. Prohibited sign locations.
1. Setback from street and intersections. No freestanding sign may be within five feet of a street right-of-way nor within a corner cutoff area identified in Section
17.12.050 (Intersection Visibility).
2. No off-premises signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off premises in this chapter.
3. Distance from utility lines. No sign shall be closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility.
4. Public right-of-way. No sign shall be located on or within or project over or across a public right-of-way, including public streets, sidewaiks, parkways, medians, and rights-of-way, unless specifically permitted in this chapter and a sign permit has been obtained. Any sign located on, within, or over a public- right-of-way in violation of this section may be summarily removed by the city.
5. Public safety. No sign shall obstruct the use of sidewalks, walkways and bike lanes and no sign shall obstruct free and clear vision of pedestrian and vehicular traffic.
6. On public property. Except as authorized by law, signs may not be placed on or attached to any public property including city landscaping, stop signs, traffic signals, poles in the right-of-way, or fixtures in public parks. Any sign locatec on public property in violation of this section may be summarily removed by the city.
7. On utility property. Except as authorized by law, signs may not be placed on or attached to any utility owned property, including any utility poles.
B. Illumination. Illumination from or upon any sign shall not be directed upward, or towards any motorist or pedestrian. In addition, illumination from or upon any sign shall be shaded or shielded, such that it does not create glare, undue brightness or otherwise constitute a safety hazard. "Undue brightness" is illumination in Ordinance No. 923-23
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excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.
C. Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair and painted where paint is required.
D. Landscaping of freestanding signs. All permanent freestanding signs shall include, as part of their design, landscaping and/or landscaping about their base to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. Minimum landscape area at the base of freestanding signs shall be a minimum of twice the aggregate area of the freestanding sign or combination of signs. The property owner shall maintain all landscape areas in a healthy and viable condition.
E. Engineering. Sign poles and/or sign canisters shall be subject to engineering requirements. Prior to the reuse of an existing pole sign or sign canister, the structural integrity must be confirmed by a property licensed California Engineer.
17.26.110 - Permanent signs in multiple-family residential zones.
If a lot has a multiple-family dwelling structure on the lot, and the lot is zoned to allow multiple-family dwellings, the following permanent non-commercial signs are allowed with a sign permit. Each of the signs, if illuminated, may be only indirectly illuminated. No dimension of any such sign may exceed six feet. No portion of any such sign may be further than six feet from the ground. If the sign is attached to a wall, no portion of the sign may exceed the height of the wall.
A. One building-mounted or freestanding sign (e.g., complex ID). Either one building- mounted or one freestanding sign. Up to two signs per entry are allowed (but only one per entry if the sign is double faced). The sign area for each sign may not exceed 24 square feet. A typical example is a sign which names the residential complex.
B. One entrance sign for pedestrian traffic (e.g., directional). Either one building- mounted or one freestanding sign per entrance to the residential complex. Such sign must be within 30 feet of the entrance and must be oriented to pedestrian traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.
C. One freestanding vehicular entrance sign (e.g., directional). One freestanding sign per vehicular entrance to the residential complex. Such sign must be within 30 feet of the entrance and oriented to vehicular traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.
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D. One permanent sign (e.g., rental information). For lots containing 15 or more dwelling units, one permanent sign per street frontage. Such sign area may not exceed six square feet. A typical example is a sign which provides rental information.
E. Three additional permanent signs. Up to one free-standing and two building- mounted permanent signs which collectively do not have a sign area exceeding 24 square feet.
17.26.120 - Permanent signs in agricultural, commercial, and industrial zones.
A. The following permanent signs are allowed in agricultural, commercial, and industrial zones, with a sign permit.
1. Freestanding signs (e.g., complex ID). One freestanding sign per street frontage. A typical example names the shopping center or complex. The maximum sign area is 0.25 square feet per linear foot of street frontage up to a maximum of 96 square feet. The sign height shall not exceed 50 feet, except that if the lot fronts on the Interstate-10 freeway, the maximum height is 75 feet.
Illumination, if any, may be direct or indirect. Letters shall be a minimum of 10 inches in height. Aggregate sign area may not be combined among street frontage.
2. Building-mounted signs for tenants (e.g., tenant ID). For each separate business on the lot, one permanent building-mounted sign which is mounted flush with the building. Maximum height is eight feet. The maximum sign area is one square foot per linear foot of tenant frontage. Illumination, if any, may be direct or indirect. For purposes of this subsection, "tenant frontage" means the width of tenant space, measured in linear feet, facing a parking lot, public street, or private street.
3. Building-mounted signs. Up to two building-mounted signs per building (maximum one per side of building). The maximum sign area is one square foot per linear foot of street frontage. Each sign shall be installed within two feet of the top of the face of a building, and if that is not possible, the place closest to the top of the face. Illumination, if any, may be direct or indirect.
4. Under-canopy signs. For each separate business on the lot, up to one under- canopy sign. Such sign is allowed only if the business fronts a parking lot or a street. The sign area shall not exceed three square feet. Sign illumination is prohibited.
5. Pedestrian entrance signs (e.g., directional). Either one building-mounted or one freestanding sign per entrance to a multi-tenant commercial building or multi-building complex. Such sign must be within 30 feet of the entrance and be oriented to pedestrian traffic. The sign height may not exceed the height of Ordinance No. 923-23
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the wall on which it is mounted or six feet if the sign is freestanding and the sign area may not exceed 18 square feet. A typical example is a sign which gives directions to unit numbers. Illumination, if any, may be direct or indirect.
6. Window signs. One window sign per window. Must be permanently applied or affixed to the inside of the glass.
B. Maximum number of signs. The maximum number of signs permitted is four per business, with no more than two signs per building side.
C. Aggregate sign area. Maximum permissible aggregate sign area shall be based on lot size, as follows:
1. If the lot size is up to 6,000 square feet, the aggregate sign area shall not exceed 50 square feet.
2. If the lot size is between 6,001 and 12,000 square feet, the aggregate sign area shall not exceed 100 square feet.
3. If the lot size is between 12,001 and 24,000 square feet, the aggregate sign area shall not exceed 150 square feet.
4. If the lot size is between 24,001 and 36,000 square feet, the aggregate sign area shall not exceed 200 square feet.
5. If the lot size is 36,001 square feet or greater in size, the aggregate sign area shall not exceed 250 square feet.
17.26.130 - Signs in downtown area.
The following additional requirements apply in the downtown area.
A. Design guidelines. Signs within the downtown area shall meet the requirements set forth in this chapter and the downtown design guidelines adopted by the city.
B. Prohibited signs. Rotating, revolving, or moving signs are prohibited in the downtown area.
17.26.140 - Billboards along interstate-10 freeway.
A. Billboards allowed with Caltrans and sign permit. Billboards are allowed adjacent to the Interstate-10 freeway in the locations specified by this section with a sign permit, provided that the California Department of Transportation has first issued a permit pursuant to the Outdoor Advertising Act. All billboards shall comply with all requirements of the Outdoor Advertising Act and regulations.
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B. Location restrictions. Billboards may only be placed in the commercial and industrial zones. Billboards are prohibited in the area extending from Lovekin Boulevard to Intake Boulevard, between Chanslor Way and 14th Avenue.
17.26.150 - Specific uses.
A. Religious assembly, institutional uses, theaters, cinemas, and cabarets.
Notwithstanding any other provisions of this code to the contrary, it a religious assembly, institutional use, theater, cinema, or cabaret is allowed in the zone, then, at minimum, the following signs are allowed for such uses with a sign permit. To the extent that a zone may allow additional signage, then such additional signage is also allowed. Sign illumination, if any, may be direct or indirect.
1. One freestanding sign. One freestanding sign not to exceed the allowable height for such signs in the zone in which it is located.
2. Two building-mounted signs. Up to two building-mounted signs which do not exceed the allowed height and size for such signs in the zone in which it is located. One of the allowed signs may include an attraction board.
3. Additional building-mounted signs. One building-mounted sign per screen or stage. Maximum sign area is eight square feet per sign. Illumination, if any, must be indirect.
B. Gas stations. The signs referenced in subsections A and C of section 17.50.080 ("Signs") of Chapter 17.50 (Automobile Service Stations) require a sign permit, but the posterboard signs authorized in subsection B do not require a sign permit. No sign permit will be issued in violation of Chapter 17.50.
17.26.160 - Art murals on private property.
A. Purposes.
1. These regulations relating to original art murals further the following purposes:
a. Encouraging artistic expression;
b. Fostering a sense of pride;
c. Preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and
d. Preserving existing murals that are a valued part of the history of the city of Blythe.
2. The city wishes to encourage the installation of murals and, at the same time, Ordinance No. 923-23
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prevent the proliferation of off-site commercial signs. Therefore, the city's mural regulations exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural. This restriction on commercial advertising is intended to work in tandem with the limitations of off-site commercial signs to designated areas in the city. Both the limitation on zones and the exclusion of commercial advertising on murals are supported by the United States Supreme Court's ruling in Metromedia, Inc. V.
City of San Diego, 453 U.S. 490(1981). In Metromedia, the Supreme Court ruled that cities may ban off-site commercial signs. The Supreme Court also ruled that cities can carve out exemptions to such a ban for non-commercial signs and on-site commercial signs.
3. These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives:
a. That the design, construction, installation, repair, and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.
b. That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing, and location of such displays.
c. That the public will enjoy the aesthetic benefits of being able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.
d. That consideration will be given to equalizing the opportunity for messages to be displayed.
e. That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area.
f. That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations.
B. Permit required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any art mural within the city without first obtaining an art mural permit.
C. Application and review procedures.
1. Authority to adopt administrative rules. The city manager is authorized to adopt art mural administrative rules implementing this section. The city manager is Ordinance No. 923-23
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further authorized to specify art mural permit application requirements and art mural review procedures consistent with the requirements of this section.
2. Application requirements. An application for an art mural permit shall be submitted to the development services department to be assessed for compliance with the requirements of this section. An application for an art mural permit shall be submitted with applicable application fees, as established by resolution of the city council. The planning director shall have the authority to determine whether or not an application for an art mural permit meets all of the applicable permit application requirements.
3. Planning and art in public places committee review. Upon a determination by the planning director that an application for an art mural permit is complete and meets all applicable art mural requirements under this section, then the art mural permit application shall be forwarded to the art in public places committee for review and recommendations. The art in public places committee shall recommend that the city council approve any art mural satisfying the requirements of this section.
4. City council review. The city council shall have final approval authority on an art mural permit application.
D. Mural regulations. Art murals shall meet the requirements of this section. An art mural satisfying these requirements and complying with applicable city permit application and review procedures will be issued an art mural permit following review by the city council.
1. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.
2. No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.
3. No part of a mural shall exceed a height of 25 feet above grade.
4. No mural may depict obscene or defamatory content.
5. No mural may contain commercial messages. This prohibition includes, but is not limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or logo of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind.
6. No mural may consist of, or contain, electrical or mechanical components, or changing images, which are defined as moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or Ordinance No. 923-23
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message, not including static illumination turned off and back on not more than once every 24 hours.
7. No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this section may be placed on roll down security doors on a commercial or industrial building.
8. No mural shall be placed on residential building containing fewer than five residential dwelling units.
9. No mural shall be placed on a lot located other than in the agriculture, medium- density residential, high-density residential, public/quasi-public, commercial, and industrial zones.
10.If illuminated, lighting shall be so arranged as to reflect away from adjoining property or any public way and so as not to cause a nuisance either to street or highway traffic or to the living environment.
11. Digitally printed image murals shall receive approval from the building department.
12. Any murals not authorized by this section are prohibited.
E. Maintenance. Murals shall be maintained through repair, paint, or any necessary treatment so as to prevent decay. Defective or insufficient weather protection for exterior treatments and facades, including faded paint or materials and graffiti, shall be promptly addressed, and repaired or stabilized to prevent further deterioration.
F. Grandfathering of art murals. Any art mural installed prior to the effective date of this section shall have legal nonconforming status and shall not be required to obtain an art mural permit under this section but shall be maintained as required by this section.
17.26.170 - Semipermanent signs.
A. Maximum time periods. No semipermanent sign shall be posted for more than one year. In addition, all semipermanent signs shall be removed within 10 days after the occurrence of the event, if any, which is the subject of the semipermanent sign.
For example, a semipermanent sign advertising the future construction of a facility on the lot or site shall be removed within 10 days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within 10 days after the model homes are completed and sold. The date Ordinance No. 923-23
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of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign.
B. Maximum sign area. Semipermanent signs may not exceed 32 square feet in area with no dimension exceeding eight feet. The aggregate area of all semipermanent signs on a lot shall not exceed 64 square feet.
C. Maximum height. Freestanding semipermanent signs shall not exceed eight feet in height. Semipermanent signs which are posted, attached, or affixed to multiple- floor buildings shall not be placed higher than the finished floor line of the second floor of such buildings and such signs posted, attached, or affixed to single-floor buildings shall not be higher than the eave line or top of wall of the building.
D. Maximum number. In no case shall the number of semipermanent signs on any lot or site exceed 10.
E. Placement restrictions. Semipermanent signs may not be posted in violation of any provision of this chapter or this code.
F. Temporary commercial signs prohibited. Temporary commercial signs may not be posted on sites approved for semipermanent signs unless specifically authorized by the semipermanent sign permit.
G. Time extensions. Prior to the expiration of the permit, the permittee may apply for a time extension of up to one year. The planning director shall approve the application for an extension of time upon determining that the semipermanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semipermanent sign has been posted.
H. Maintenance semipermanent signs. All semipermanent signs shall be maintained in a state of security, safety, and good repair.
17.26.180 - Temporary signs.
All temporary signs must comply with the provisions of this chapter, including the standards set forth in this section.
A. Sign permit required. Except as set forth in this chapter, a sign permit is required for any temporary sign.
B. Maximum time periods. Except as set forth in this section, no temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be re-posted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign.
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C. Maximum sign area. Temporary signs placed on private commercial and industrial property may not exceed 32 square feet in area with no dimension exceeding eight feet. The aggregate area of all temporary signs maintained on any lot may not exceed 32 square feet.
D. Maximum height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight feet or the finished floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single-floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign.
E. Maximum number. In no case shall the total number of temporary signs for any permit exceed fifty.
F. Placement restrictions. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city.
G. Maintenance of temporary signs. All temporary signs shall be maintained in a state of security, safety, and good repair.
H. Banners. A banner is allowed upon temporary sign permit approval on each building street frontage within six months of the business opening. The banner shall consist of lightweight fabric or similar material attached to the building wall below the eave line for a period not to exceed 60 days. The banner shall not be illuminated and its size shall not exceed 32 square feet. Under no circumstances shall banners be utilized as permanent business signage.
17.26.190 - Portable signs.
One A-frame sign is allowed per business in commercial zones upon portable sign permit approval, subject to the following requirements:
A. Maximum sign area and height. A-frame signs shall not exceed three feet in width or four feet in height.
B. Location restrictions. A-frames must be placed directly adjacent to the individual business to which the portable sign permit is issued. A-frame signs shall not be placed within five feet of any public street or within five feet of the corner cutoff area identified in Section 17.12.050 (Intersection Visibility).
C. Clearance. There must be a minimum six-foot clearance path of travel between the edge of any A-frame sign and any obstruction in the sidewalk such as street signs, light poles, fire hydrants and news racks.
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D. Daily placement and removal. A-frame signs may only be placed in the public right- of-way when the establishment is actually open to the public for business. A-frame signs shall be removed from the sidewalk at the end of every business day.
E. Indemnification. A permittee for a portable sign permit for an A-frame sign shall be required to indemnify, defend, with attorneys of the city's choosing, and hold harmless the city, its city council, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, liabilities, costs, and expenses, including without limitation, attorneys' fees and court costs, of every kind and nature whatsoever which may arise in connection with the permittee's sign.
17.26.200 - Sign permit review procedures.
A. Permanent signs-sign permit.
1. Applicability. A permanent sign permit is required for all permanent signs prior to erection or placement, unless otherwise exempted by this chapter.
2. Approval authority. The designated approving authority for sign permits is the director.
3. Approval determination. A sign permit shall be granted when the director determines the proposal to be in conformance with all applicable provisions of this chapter and with all other applicable laws, rules, and regulations.
B. Semipermanent-sign permit.
1. Applicability. A semipermanent sign permit is required for all semipermanent signs prior to erection or placement, unless otherwise exempted by this chapter.
2. Approval authority. The designated approval authority for all semipermanent signs shall be the director.
3. Approval determination. A semipermanent sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.
C. Temporary sign-sign permit
1. Applicability. A temporary sign permit is required for all temporary signs prior to erection or placement, unless otherwise exempted by this chapter.
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2. Approval authority. The designated approval authority for all temporary signs shall be the director.
3. Approval determination. A temporary sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.
D. Portable sign-sign permit.
1. Applicability. A portable sign permit is required for all portable signs prior to erection or placement, unless otherwise exempted by this chapter.
2. Approval authority. The designated approval authority for all portable signs shall be the director.
3. Approval determination. A portable sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.
E. Submission materials. The following shall be submitted by the applicant to the development services department at the time of permit application unless otherwise modified by the director:
1. Application. Completed sign application obtained from the city;
2. Fees. Appropriate fees as established by city council resolution;
3. Consent. Written authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected;
4. Semipermanent, temporary, and portable signs - statement of responsibility.
Each application for a semipermanent, temporary, or portable sign permit shall include a statement of responsibility certifying a natural person who will be responsible for removing each sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this chapter;
5. Plans. Sign plans with number of copies and exhibits as required in the application. Such plans must include the following information:
a. Sign elevation. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy, and illumination method.
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b. Location depiction. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each, and c. Building elevations. Building elevations with signs depicted (for building- mounted signs).
F. Sign application procedures.
1. Application. An application for a permanent sign permit, semipermanent sign permit, temporary sign permit, or portable sign permit shall be made on the form(s) prescribed by the development services department
2. Review and approval. The planning director or other authorized staff member shall review standard sign applications and shall either approve, approve with modification(s), or deny the application. The application for a sign permit shall be approved if the proposed sign is consistent with the requirements of this chapter.
G. Planned sign programs.
1. Planned sign program. Planned sign program review per the provisions of this subsection is required for submissions which:
a. Include three or more permanent signs,
b. Are in conjunction with review of a site development project by the planning director, or
c. Include a request for a sign adjustment to a sign previously approved under a planned sign program.
2. Determination. The planning director shall either approve, approve with modifications, or deny planned sign program applications.
3. Conditions. The planning director, upon completion of his or her review, may attach appropriate conditions to any sign program approval. To approve a planned sign program, the planning director must determine that:
a. The sign program is consistent with the purpose and intent of this chapter; and
b. The sign program is in harmony with and visually related to:
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i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.
ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. ili. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs.
4. Modifications to sign program. Modification of signs within a previously approved sign program shall be reviewed and approved by the planning director under the same procedures as review of a new planned sign program.
H. Sign adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the planning director if such adjustments are consistent with this chapter. Applications for sign adjustments shall be submitted in writing to the planning director. The planning director may approve a sign adjustment if the planning director determines the adjustment is necessary based on one or more of the following reasons:
1. Additional area.
a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art
c. To permit more sign area in a single sign than is allowed, where a more orderly and concise pattern of signing will result;
d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot.
2. Additional number. To compensate for inadequate visibility, or to facilitate good design balance.
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3. Alternative locations.
a. To transfer area from one wall to another wall or to a freestanding sign upon determining that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street.
In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement;
c. Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure.
4. Alternative type of sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site.
5. Additional height. To permit additional height to overcome a visibility disadvantage.
I. Disposition of plans.
1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the development services department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant.
2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building department for issuance of the building permit.
J. Sign permit expiration and time extensions.
1. Approval of a sign permit application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director determines that there has been a substantial change in circumstances.
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2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign.
3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this chapter under the new circumstances.
17.26.210 - Nonconforming signs.
A. Every legal sign in existence on the effective date of the ordinance codified in this chapter which does not conform to the provisions of this chapter, but which was in conformance with city sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided:
1. The sign is properly maintained and does not in any way endanger the public; and
2. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter; or
3. If the existing business(es) closes after adoption of the ordinance codified in this chapter, the new occupant or business will be required to comply with the requirements of this chapter.
B. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance.
C. Any nonconforming sign which is damaged or destroyed beyond 50 percent of its value shall be removed or brought into conformity with the provisions of this chapter.
The determination whether a sign is damaged or destroyed beyond 50 percent of value shall rest with the planning director and shall be based upon the actual cost of replacing said sign.
D. The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.
17.26.220 - Enforcement, sign removal and abatement.
A. Enforcement responsibility. The director shall enforce the provisions of this chapter.
B. Illegal signs. Any sign which does not have a required permit, which remains posted beyond the time limits set forth in this chapter or the applicable sign permit, which is a dangerto the public, or which otherwise violates applicable provisions of this chapter Ordinance No. 923-23
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is illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter.
C. Abatement of illegal and abandoned signs. Any illegal or abandoned sign is hereby declared to be a public nuisance, which may be abated in accordance with the nuisance abatement procedures set forth in Chapter 8.28 (Abatement of Public Nuisances) of this code or any other remedy available at law or in equity, including the alternative remedies set forth in Chapter 8.28 of this code.
D. Violations. Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided in Chapter 1.24 of this code.
E. No city liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section.
F. Confiscated signs. If the city confiscates any signs for violation of this chapter, the city shall keep such signs in its possession to the extent required by California Civil Code section 2080 et seq. If the city still has such sign in its possession, the owner of such sign(s) may obtain such signs from the city after paying the city for its reasonable costs to impound such sign(s), which amount may be set by resolution of the city council.
17.26.230 - Appeals.
Any decision of the planning director made pursuant to this chapter may be appealed to the city council. The appeal shall be conducted in accordance with the following requirements:
A. Written request. Within 10 calendar days after the date of a decision of the planning director, 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. Appeal fee. At the time of filing, the appellant shall pay the designated appeal fee, as established by resolution of the city council.
C. Appeal hearing. 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. The appeal shall be held within a reasonable time after the filing of the appeal at the discretion of the city manager. 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.
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 Ordinance No. 923-23
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judicial review thereof shall be subject to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.
SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this day of - 2024, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
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ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Ordinance No. 927-23 Repealing Chapter 17.78 (Environmental Evaluation) of Title 17 (Zoning) of the Blythe Municipal Code PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany E. Roberto, City Attorney
RECOMMENDATION: It is recommended that the City Council, acting as the City's Planning Agency, conduct a public hearing regarding Ordinance No. 927-23.
FISCAL IMPACT: None.
BACKGROUND: Chapter 17.78 of Title 17 of the Blythe Municipal Code has one section, Section 17.78.010. Section 17.78.010 provides in part: "The [P]lanning [D]irector shall make an environmental assessment of all matters requiring action by the [C]ity [C]ouncil under this title." Section 17.78.010 was last amended in 1987.
California Public Resources Code section 21080(b)(5) provides that the California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves.
Section 15270 of the CEQA Guidelines provides that CEQA does not apply to projects which a public agency rejects or disapproves. Section 15270 provides that it is intended to allow an initial screening of projects on the merits for quick disapprovals prior to the initiation of the CEQA process where an agency can determine that the project cannot be approved. Specific to environmental impact reports (EIR), the Court of Appeal has indicated that to require a public agency to prepare and circulate a draft EIR, and prepare a final EIR including responses to comments, before rejecting a project would impose a substantial burden on the agency, other agencies, organizations, and individuals commenting on the proposal, and the project applicant, and would not produce any discernible environmental benefit (Las Lomas Land Co., LLC v. City of Los Angeles, 177 Cal. App. 4th 837, 849 (2d Dist. 2009).
STAFF REPORT: By requiring the Planning Director to make an environmental assessment of all matters requiring action by the City Council under the Zoning Code, Section 17.78.010, on its face, imposes a greater obligation on City staff than what is required by State law. The City has limited staff with limited time. Requiring City staff to comply with an obligation that exceeds State requirements utilizes resources that can be allocated to other City needs.
Therefore, staff has prepared the attached proposed Ordinance to repeal Chapter 17.78 in its entirety. If Chapter 17.78 is repealed, staff will continue to comply with State requirements relating to environmental review and assessments.
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This is the first of two public hearings regarding the proposed Ordinance in accordance with the requirements of State law and the Blythe Municipal Code. The first hearing is being conducted by the City Council, acting as the City's Planning Agency.
ATTACHMENTS:
1. Ordinance No. 927-23
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ORDINANCE NO. 927-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, REPEALING CHAPTER 17.78
(ENVIRONMENTAL EVALUATION) OF TITLE 17 (ZONING)
OF THE BLYTHE MUNICIPAL CODE AND FINDING THE
ORDINANCE IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE
EXEMPTION)
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, pursuant to California Public Resources Code section 21080(b)(5), the California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves; and
WHEREAS, pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Section 15270 provides that it is intended to allow an initial screening of projects on the merits for quick disapprovals prior to the initiation of the CEQA process where an agency can determine that the project cannot be approved; and
WHEREAS, specific to environmental impact reports (EIR), the Court of Appeal has indicated that to require a public agency to prepare and circulate a draft EIR, and prepare a final EIR including responses to comments, before rejecting a project would impose a substantial burden on the agency, other agencies, organizations, and individuals commenting on the proposal, and the project applicant, and would not produce any discernible environmental benefit (Las Lomas Land Co., LLC v. City of Los Angeles, 177 Cal. App. 4th 837, 849 (2d Dist. 2009); and
WHEREAS, Chapter 17.78 (Environmental Evaluation) of Title 17 (Zoning) of the Blythe Municipal Code contains one section, Section 17.78.010 (Assessments and impact reports); and
WHEREAS, Section 17.78.010, last amended in 1987, states that the Planning Director shall make an environmental assessment of all matters requiring action by the City Council under the Zoning Code; and
WHEREAS, on its face, Section 17.78.010 imposes a greater obligation on City staff than what is required by State law; and
WHEREAS, the City has limited staff with limited time. Requiring staff to comply with an obligation that exceeds State requirements utilizes resources that can be allocated to other City needs; and
Ordinance No. 927-23