Blythe City Council
October 8, 2024

BLYTHE CITY COUNCIL
Blythe *
*

SO ABLISHED UN
AGENDA
OCTOBER 8, 2024
REGULAR MEETING: 6:00 P.M.

Mallory Crecelius, Interim City Manager/City Clerk
Brittany Roberto, City Attorney
MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA

FICE TET TERE
Blythe Blythe City Council Meeting
October 8, 2024
6:00pm

CALL TO ORDER

ROLL CALL
Mayor DeConinck Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor Rodriguez City Attorney Roberto Fire Chief Hasler Councilman Halby City Treasurer/Finance Director Elms Public Works Director Elegores Councilman Burton Chief Building Official Brown

PLEDGE OF ALLEGIANCE

INVOCATION

ADDED STARTER
requires a unanimous vote.

CONSENT CALENDAR- (1-14)
All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council or staff request specific items be discussed and/or removed from the Consent Calendar for separate action.

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 Friday, October 4, 2024.

Approval of the Warrant Register.

Recommendation: Approve 10/8/24, warrants numbered 10795 through 10819 and 78672 through 78721 in the amount of $386,949.75; 10/8/24, Utility Billing Refund warrants numbered 78722 through 78732, in the amount of $1,374.95, and 10/8/24, warrants numbered 10820 through 10826 and 78733 through 78785 in the in the amount of $722,427.05

3. Approval of the Payroll Register.

Recommendation: Approve 10/8/24, warrants numbered 54696 through 54716 and Direct Deposits warrants numbered 59820 through 59892 in the amount $365,661.53; 10/8/24, warrants numbered 54717 through 54736 and Direct Deposits warrants numbered $310,934.08, and 10/8/24, warrants numbered 54737 through 54750 and Direct Deposits warrants numbered 59966 through 60060 in the amount of $80,014.07.

4. Minutes of the September 10, 2024, City Council Meeting.

Recommendation: Approve the Minutes of the September 10, 2024, Meeting.

5. City of Blythe Permits Issued for the Month of September 2024.

Recommendation: Receive and file the monthly report.

6. City of Blythe Fire Department Monthly Activity Report for September 2024.

Recommendation: Receive and file the monthly report.

City of Blythe Police Department Monthly Activity Report for September 2024.

Recommendation: Receive and file the monthly report.
ny writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available f ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In additic such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

Quality of Life Program Activity Report for September 2024.

Recommendation: Receive and file the monthly report.

MOU between City and PVUSD for the 2024/25 School Year and 2025 Summer School Programs.

Recommendation: Authorize the Interim City Manager to execute the Memorandum of Understanding between the City and PVUSD for the ELO Program once reviewed and approved by the City Attorney.

10. Amendment Number One to the Amended and Restated Finance Director Employment Agreement.

Recommendation: Authorize the Interim City Manager to execute Amendment Number One to Amended and Restated Finance Director Employment Agreement between the City and Christa Elms.

11. Professional Service Agreements with Kevin Nelson and Gustavo Rodriguez.

Recommendation: Authorize the Interim City Manager to execute an agreement with Jon "Kevin" Nelson for Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator Services for the Blythe Water Treatment Plant.

12. Acceptance of Work: 2024 Beautify Blythe Project- Package IV Miller Park Ballfield Lighting.

Recommendation: Accept the work performed by Ace Electric, Inc. for the 2024 Beautify Blythe Project Package IV- Miller Park Ballfield Lighting and authorize the Mayor and City Clerk to execute and file the Notice of Completion and release retention payments and project bonds once appropriate.

13. Destruction of Certain Financial Records and Documents for Fiscal Year 2018-2019.

Recommendation: Adopt Resolution No. 2024-033 authorizing the destruction of certain financial records and documents for fiscal year 2018-2019.

RESOLUTION NO. 2024-033. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

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

14. Acceptance of the ABC-OTS Grant through National Highway Traffic Safey.

Recommendation: Adopt Resolution No. 2024-034, authorizing the Interim City Manager to enter into an Agreement with the State for participation in the California Department of Alcoholic Beverage Control's ABC-OTS Grant Program and authorize the Interim City Manager to execute any and all grant documents.

RESOLUTION NO. 2024-034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR PARTICIPATION IN THE

CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S ABC-OTS GRANT PROGRAM AND AUTHORIZING THE INTERIM CITY MANAGER OR HER DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS.

PUBLIC HEARING: (Items 15-16)

15. Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Enclosures.

Recommendation: Subsequent to the public hearing, introduce Ordinance No. 932-24:

ORDINANCE NO. 932-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE AND UTILITY AREAS) OF TITLE 17 (ZONING) OF THE BLYTHE

MUNICIPAL CODE TO ESTABLISH REQUIREMENTS RELATING TO SOLID WASTE ENCLOSURES 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).

Any writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available fo ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In additior such writinas and documents will be posted on the City's website: www.cityofblythe.ca.gov.

16. Urgency Ordinance Extending Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities.

Recommendation: Subsequent to the Public Hearing, adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U:

URGENCY ORDINANCE NO. 933-24-U. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, EXTENDING 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 ONE YEAR AND FINDING THE ORDINANCE IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3).

NEW BUSINESS: (Items 17-18)

17. Committee Appointments.

Recommendation: The Mayor appoint a member of Council to serve on the Palo Verde College Advisory Committee.

18. Request to Waive the Temporary Use Permit Fee for Calvary Chapel's Community Trunk-or-Treat Event and Community Center Rental Fees for The Rec-N-Crew's Homecoming Event.

Recommendation: Waive the Temporary Use Permit Fee of $262.00 for Calvary Chapel to hold a Trunk-or-Treat Community event at 155 and 175 N. Spring Street and Community Center Rental fees excluding the $150 deposit and $100 labor fee for the Rec-N-Crew to host their annual Homecoming event at Todd Park on October 18, 2024.

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 November 12, 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 AD/

CONSENT

CALENDAR
-1-
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10795 9/9/2024 003439 SHELL 99575854 022112 FUEL 8/6-9/6/2024 247.25 Total: 247.25
10796 9/9/2024 003439 SHELL 99578685 022113 FUEL 8/6-9/6/2024 650.46 Total: 650.46
10797 9/9/2024 000247 SOCALGAS 111857321804 022115 NATURAL GAS 8/2-9/4/2024 16.27 Total : 16.27
10798 9/9/2024 000247 SOCALGAS 06622932165 022114 NATURAL GAS 7122-8/21/2024 77.93 Total: 77.93
10799 9/9/2024 000247 SOCALGAS 07632638008 022116 NATURAL GAS 8/2-9/4/2024 107.02 Total : 107.02
10800 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 700240317342 022117 ELECTRICITY 8/1-8/31/2024 57.05 Total: 57.05
10801 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 700475898313 022118 ELECTRICITY 7/24-8/21/2024 175.55 Total: 175.55
10802 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 700350079007 022119 ELECTRICITY 7129-8/26/2024 4,118.09 Total: 4,118.09
10803 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 700350166610 022120 ELECTRICITY 7/29-8/26/2024 11,869.77 Total : 11,869.77
10804 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 700466637136 022121 ELECTRICITY 8/1-8/30/2024 15,366.74 Total: 15,366.74
10805 9/9/2024 000283 SOUTHERN CALIFORNIA EDISON CO 600001510681 022122 ELECTRICITY 7/1-7/31/2024 64,809.57 Total: 64,809.57
10806 9/24/2024 002768 AIRWAVE BROADBAND WIRELESS 113063 021452 BUSINESS PHONE SERVICE 9/1-10/1/21 86.60 113311 021452 BUSINESS PHONE SERVICE 10/1-11/1/2 126.60 Total : 213.20
Page:
chlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : ap-dir
Voucher Date Verdor Invoice PO# Description/Account Amount 10807 9/24/2024 004804 CITY OF BLYTHE AUG 2024 AMOUNT BILLED TO CUSTOMERS 8/20 33,768.00 Total : 33,768.00
10808 9/24/2024 005603 CR&R INCORPORATED 000149383 022069 DISPOSAL SERVICES - LATE FEE 13.61 Total : 13.61
10809 9/24/2024 005603 CR&R INCORPORATED 000149242 021696 DISPOSAL SERVICES 9/1-9/30/2024 298.25 Total : 298.25
10810 9/24/2024 005996 DE LAGE LANDEN FINANCIAL SVCS 588322873 022077 EQUIPMENT LEASE/MAINTENANCE 9/1 215.81 588379122 022077 PROPERTY TAX ADMIN FEE 22.68
Total : 238.49
10811 9/24/2024 005996 DE LAGE LANDEN FINANCIAL SVCS 588260464 022075 EQUIPMENT LEASE/MAINTENANCE 9/1 342.92 Total : 342.92
10812 9/24/2024 005996 DE LAGE LANDEN FINANCIAL SVCS 588260727 022076 EQUIPMENT LEASE/MAINTENANCE 9/1 607.20 Total : 607.20
10813 9/24/2024 000150 INLAND BUILDERS SUPPLY INC D78218 021989 PARTS/SUPPLIES R 187.03 D83143 022019 PARTS/SUPPLIES R 404.45
D83401 022014 UNITED PARCEL CHARGES 23.64
D86557 022030 PARTS/SUPPLIES 44.55
U31928 022054 PARTS/SUPPLIES 292.47
U32869 021711 PARTS/SUPPLIES 459.70
U32870 021711 PARTS/SUPPLIES -65.25
U33202 021711 PARTS/SUPPLIES 10.86
Total : 1,357.45
10814 9/24/2024 008201 OPTIMUM 0771510132602 021755 INTERNET SERVICE 9/4-10/3/2024 80.00 Total: 80.00
10815 9/24/2024 003150 PITNEY BOWES 1025958706 021992 SUPPLIES 433.23 Total: 433.23
10816 9/24/2024 000213 QUILL LLC 40278254 021988 SUPPLIES 34.79 40340066 022001 SUPPLIES 315.24
40393662 022022 SUPPLIES 110.86
Page:
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO# Description/Account Amount 10816 9/24/2024 000213 QUILL LLC (Continued)
022022
Total: 460.89
10817 9/24/2024 000241 SMART & FINAL IRIS CORP 085599 021578 SUPPLIES 521.57 527966 021578 SUPPLIES 177.95
Total: 699.52
10818 9/24/2024 005176 SPARKLETTS 947075 022126 BULK DRINKING WATER 73.72 Total : 73.72
10819 9/24/2024 004501 US BANK CORP AUG 2024 022128 CREDIT CARD CHARGES 8/2024 3,782.09 Total : 3,782.09
25 Vouchers for bank code: ap-dir Bank total: 139,864.27 Page:
-4.
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78672 9/18/2024 007828 BECK OIL, INC 128353 022027 FUEL 2,012.01 130440 022027 FUEL 1,967.19
132502 022085 FUEL 1,433.77
Total: 5,412.97
78673 9/23/2024 005035 RODRIGUEZ, JOHNNY 092324 022111 TRAVEL - PER DIEM 9/23-9/25/2024 90.00 Total: 90.00
78674 9/24/2024 005197 ACE TOWING & RECOVERY T22271 022092 TOW SERVICES 350.00 T22447 022092 TOW SERVICES 350.00
Total: 700.00
78675 9/24/2024 004315 ALLSTAR FIRE EQUIPMENT 258338 021943 EQUIPMENT/SUPPLIES 4,790.36 258435 021943 EQUIPMENT/SUPPLIES 2,087.20
258755 021943 EQUIPMENT/SUPPLIES 399.32
Total : 7,276.88
78676 9/24/2024 007560 AMAZON CAPITAL SERVICES, INC 167VLQV91NPY 022002 PARTS/SUPPLIES 526.00 1PG661FR3CFT 022032 PARTS/SUPPLIES 75.03
1PMVN9NVKKNV 022041 PARTS/SUPPLIES 944.26
Total : 1,545.29
78677 9/24/2024 002453 AMCS GROUP INC 163880 021694 FLEET MANAGEMENT SOFTWARE 10/2 831.02 Total : 831.02
78678 9/24/2024 004729 ANIMAL CARE EQUIPMENT/SVCS INC 125204 022035 ANIMAL CONTROL SUPPLIES 264.15 127766 021583 ANIMAL CONTROL SUPPLIES 892.00
Total: 1,156.15
78679 9/24/2024 007074 AXON ENTERPRISE, INC INUS279125 022025 TASER SUPPLIES 2,372.44 Total : 2,372.44
78680 9/24/2024 005289 AYRES SUITES 909280876 022037 LODGING - MOGG 9/29-10/4/2024 537.68 909281384 022037 LODGING - MOGG 10/6-10/11/2024 537.68
Total : 1,075.36
78681 9/24/2024 000385 BIO-TOX LABORATORIES 46244 022017 LAB SERVICES 202.00 46364 022017 LAB SERVICES 126.00
Page:
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 78681 9/24/2024 000385 000385 BIO-TOX LABORATORIES (Continued) Total: 328.00 78682 9/24/2024 008286 BLACK SHEEP PLUMBING 294 022038 REPAIR/MAINTENANCE SERVICES 120.00 Total: 120.00
78683 9/24/2024 004498 BOUND TREE MEDICAL, LLC 85478815 022024 EQUIPMENT/SUPPLIES 221.06 85480763 022024 EQUIPMENT/SUPPLIES 32.84
Total : 253.90
78684 9/24/2024 008375 BOWEN, ESTHER 96884 022064 REFUND - CANCELLED REC PROGRAN 50.00 Total : 50.00
78685 9/24/2024 006243 BRUCE BOWER INVESTIGATIONS 24-028 022015 PERSONNEL INVESTIGATION SERVICE 1,025.00 Total: 1,025.00
78686 9/24/2024 005256 BUILDERS AUTOMATION & 14378 022026 REPAIR/MAINTENANCE SERVICES 3,917.00 Total: 3,917.00
78687 9/24/2024 000667 CITY OF BLYTHE:WATER UTILITIES 26351 DELINQUENT UTILITY - COUNTY ASSE: 211.20 Total : 211.20
78688 9/24/2024 000667 CITY OF BLYTHE:WATER UTILITIES AUG 2024 022047 UTILITY SERVICES 8/2024 5,874.46 JULY 2024 022047 UTILITY SERVICES 7/2024 10,517.82
Total: 16,392.28
78689 9/24/2024 008358 CLIFTONLARSONALLEN LLP L241597013 022066 AUDIT SERVICES 3,723.75 Total: 3,723.75
78690 9/24/2024 007935 CLINICAS DE SALUD DEL PUEBLO EM003307 022031 PROFESSIONAL SERVICES 300.00 Total : 300.00
78691 9/24/2024 000437 CO OF RIV AUDITOR-CONTROLLER AUG 2024 022068 PARKING CITATIONS 8/2024 556.00 Total: 556.00
78692 9/24/2024 002331 COUNTY OF RIVERSIDE PE0000002024 022088 PSEC AGREEMENT 8/1-8/31/2024 11,429.10 PE0000002086 022088 FCC RADIO LICENSE APPLICATION/FEI 1,550.00 Total: 12,979.10
Page:
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78693 9/24/2024 005421 COUNTY OF RIVERSIDE PU0000005934 022067 FUEL - FLEET VEHICLES 7/2024 13,524.08 Total : 13,524.08
78694 9/24/2024 005603 CR&R INCORPORATED AUG 2024 022020 FRANCHISE CONTRACT 8/2024 83,454.93 Total : 83,454.93
78695 9/24/2024 004884 CRECELIUS, MALLORY 092324 022073 PER DIEM 9/23-9/25/2024 90.00 Total : 90.00
78696 9/24/2024 000037 CULLIGAN SOFT WATER SERVICE 645258,645292 021498 WATER SERVICE 697.00 Total : 697.00
78697 9/24/2024 003615 DAMON CONSULTING SERVICE BL2401 022029 REPAIR/MAINTENANCE SERVICES 860.03 Total: 860.03
78698 9/24/2024 001757 DATA TICKET INC 169647 022074 CITATION PROCESSING 8/2024 148.75 169981 022074 CITATION PROCESSING 8/2024 398.00
Total: 546.75
78699 9/24/2024 002173 DEPARTMENT OF JUSTICE 752999 022080 LIVE SCAN SERVICES 7/2024 1,859.00 753200 022080 LIVE SCAN SERVICES 7/2024 192.00
Total: 2,051.00
78700 9/24/2024 005645 EVERON 156286184 021686 FIRE/SECURITY ALARM MONITORING 207.76 156286185 021686 FIRE/SECURITY ALARM MONITORING • 221.78 156286186 021686 FIRE/SECURITY ALARM MONITORING • 207.67 156286187 021686 FIRE/SECURITY ALARM MONITORING 275.30
Total: 912.51
78701 9/24/2024 007898 FIREHOSEDIRECT S182918 022061 FIRE EQUIPMENT 1,614.80 Total: 1,614.80
78702 9/24/2024 005213 FRONTIER 7609223545 022095 COMMUNICATIONS 8/13-9/12/2024 123.26 9091590013 022133 COMMUNICATIONS 917-10/6/2024 7910.65
9091590039 022093 COMMUNICATIONS 9/7-10/6/2024 498.70
9091590042 022094 COMMUNICATIONS 9/1-9/30/2024 2,749.72 Total: 11.282.33
Page:
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78703 9/24/2024 003794 HARVEY CONSULTING GROUP, INC CL-1 CEQA ENVIRONMENTAL REVIEW - CRC 3,300.00 WATTEV-11 NEPA DOCUMENTATION - WATTEV TRL 2,000.00
Total: 5,300.00
78704 9/24/2024 000140 HINDERLITER DE LLAMAS & ASSOC SIN042008 022098 CONTRACT SERVICES - TRANSACTION 707.04 Total: 707.04
78705 9/24/2024 008091 INNOVATIVE EMERGENCY EQUIPMENT 33393 021231 VEHICLE EQUIPMENT UPGRADES 16,475.71 Total : 16,475.71
78706 9/24/2024 008386 JENKINS, KAY 97063 022099 REFUND - CANCELLED REC PROGRAN 50.00 Total: 50.00
78707 9/24/2024 002150 JONES MAYER AUG 2024 022101 LEGAL SERVICES 8/2024 18,650.37 Total: 18,650.37
78708 9/24/2024 005295 KONICA MINOLTA 9010092133 022102 MAINTENANCE AGREEMENT 8/1-8/31/2 428.72 Total: 428.72
78709 9/24/2024 008054 KOSMONT REALTY 2211.7-006 022104 PROFESSIONAL SERVICES 468.00 Total: 468.00
78710 9/24/2024 008258 LNI CUSTOM MANUFACTURING, INC 68321 020675 TRANSIT STRUCTURES 8,254.13 Total: 8,254.13
78711 9/24/2024 007106 MOGG, WAYNE 092924 022036 TRAVEL - PER DIEM 9/29/2024 - 10/11/21 490.00 Total : 490.00
78712 9/24/2024 008387 NAVARRO, VIRIDIANA 97120 022105 REFUND - CANCELLED REC PROGRAN 95.00 Total : 95.00
78713 9/24/2024 002871 NELSON, JON KEVIN AUG 2024 022106 INSPECTION SERVICES 8/2024 12,070.00 Total : 12,070.00
78714 9/24/2024 000201 PALO VERDE VALLEY TIMES INC 083124 022107 PUBLICATIONS 8/1-8/31/2024 601.80
Total : 601.80
78715 9/24/2024 001487 PITNEY BOWES BANK, INC 18696948 022108 POSTAGE 8/1-8/31/2024 4,017.58 Page:
vchlist Voucher List Page:
09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78715 9/24/2024 001487 001487 PITNEY BOWES BANK, INC (Continued) Total : 4,017.58 78716 9/24/2024 007830 PROFORCE LAW ENFORCEMENT 556200 021480 BODY ARMOR 852.71 Total: 852.71
78717 9/24/2024 000213 QUILL LLC 40253512 021978 SUPPLIES 82.64 Total : 82.64
78718 9/24/2024 000216 RAMSEY TOWING 88727 022039 TOW SERVICE 200.00 88753 022028 TOW SERVICES 335.00
Total : 535.00
78719 9/24/2024 006176 ROCKWELL SOLUTIONS, INC 3331 021363 PARTS/SUPPLIES 2,349.45 Total: 2,349.45
78720 9/24/2024 001302 TRANSWORLD SYSTEMS INC 3063582 022127 COLLECTION SERVICES 8/2024 257.56 Total: 257.56
78721 9/24/2024 008385 WASHINGTON, BRANDON 97117 022096 REFUND - CANCELLED REC PROGRAN 50.00 Total : 50.00
50 Vouchers for bank code: union Bank total : 247,085.48 75 Vouchers in this report Total vouchers: 386,949.75
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09/24/2024 2:20:53PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount

CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10795-10819 and 78672-78721 in the amount of $386,949.75 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 the October 8, 2024.

Chist Eles
Christa Elms
Director of Finance
Page:
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vchlist Voucher List Page:
09/24/2024 3:28:16PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 78722 9/24/2024 008319 BRUNK, SCOTT Ref000219890 UB Refund Cst #025452 35.00 Total : 35.00
78723 9/24/2024 008378 CALDERA, HENRY Ref000219885 UB Refund Cst #001062 91.24 Total: 91.24
78724 9/24/2024 008380 CASTRO, ALFONSO PENA Ref000219887 UB Refund Cst #001851 133.94 Total: 133.94
78725 9/24/2024 008333 CEBREROS, CYNTHIA Ref000219888 UB Refund Cst #023484 471.00 Total: 471.00
78726 9/24/2024 008383 FRAZIER, AUNDRA Ref000219892 UB Refund Cst #026563 23.05 Total : 23.05
78727 9/24/2024 008338 GILL, BRANDON Ref000219894 UB Refund Cst #027287 195.46 Total : 195.46
78728 9/24/2024 008381 HOLQUIN, JON Ref000219889 UB Refund Cst #024026 83.52 Total : 83.52
78729 9/24/2024 008382 MEDIOLA, NORMAN Ref000219891 UB Refund Cst #026405 121.95 Total: 121.95
78730 9/24/2024 008379 SALCEDO, DAVID Ref000219886 UB Refund Cst #001845 55.01 Total : 55.01
78731 9/24/2024 008377 TELLEZ, RICHARD Ref000219884 UB Refund Cst #027308 107.13 Total: 107.13
78732 9/24/2024 008384 THOMAS JR, ROBERT Ref000219893 UB Refund Cst #026922 57.65 Total : 57.65
11 Vouchers for bank code : union Bank total : 1,374.95 11 Vouchers in this report Total vouchers: 1,374.95
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09/24/2024 3:28:16PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount

CLAIMS VOUCHER APPROVAL
I hereby certify that the Utility Billing Refund warrants numbered 78722-78732 in the amount of $1,374.95 have been reviewed for payment by the Director of Finance. I further certify that the Councilmembers of the City of Blythe, CA approved said warrants at the meeting of October 8, 2024.

Chish Elus
Christa Elms
Director of Finance
Page:

Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code : ap-dir
Voucher Date Vendor Invoice PO # Description/Account Amount 10820 10/1/2024 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017679824 HEALTH PREMIUMS 10/1-10/31/202: 107,952.20 Total : 107,952.20
10821 10/1/2024 005923 CALIFORNIA PUBLIC EMPLOYEES' 000017679826 HEALTH PREMIUMS 10/1-10/31/202. 3,442.71 Total : 3,442.71
10822 10/8/2024 004804 CITY OF BLYTHE SEPT 2024 AMOUNT BILLED TO CUSTOMERS! 33,696.00 Total : 33,696.00
10823 9/25/2024 000150 INLAND BUILDERS SUPPLY INC D92130 022081 PARTS/SUPPLIES 10,230.10 Total : 10,230.10
10824 10/8/2024 000150 INLAND BUILDERS SUPPLY INC D92611 022089 PARTS/SUPPLIES 133.74 U32684 022084 PARTS/SUPPLIES 88.52
U33884 022131 UNITED PARCEL CHARGES 762.58
Total : 984.84
10825 9/30/2024 000323 STATE BOARD OF EQUALIZATION 023-300030 022208 USE TAX 8/2024 34.00 Total : 34.00
10826 10/1/2024 006924 SUN LIFE 923380-0002 PREMIUM/FEES 10/2024 5,754.70 Total : 5,754.70
7 Vouchers for bank code: ap-dir Bank total : 162,094.55 Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78733 9/27/2024 008050 HOLIDAY INN EXPRESS & SUITES 42198633 022037 LODGING - MOGG 9/29/2024-10/4/21 863.35 68712894 022037 LODGING - MOGG 10/6/2024-10/11/: 873.64 Total : 1,736.99
78734 10/1/2024 008388 NEAL, MELANIE 100624 022178 TRAVEL - PER DIEM 10/6-10/8/2024 110.00 Total : 110.00
78735 10/1/2024 006457 SOTO, MICHELLE 100624 022177 TRAVEL - PER DIEM 10/6-10/8/2024 110.00 Total : 110.00
78736 10/8/2024 006366 ALARM PROTECTION SERVICES 061058 021497 SECURITY ALARM MONITORING 1C 164.85 Total : 164.85
78737 10/8/2024 008392 ALEJANDRO & CARMEN RUVALCABA 092124 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
78738 10/8/2024 007560 AMAZON CAPITAL SERVICES, INC 17Y93QCCF7KC 022109 PARTS/SUPPLIES 35.87 1DKG1YL3N4XX 022087 PARTS/SUPPLIES 720.94
1FT4QTLT1MXF 022021 PARTS/SUPPLIES 255.49
1L9MDXRNYCP9 022053 PARTS/SUPPLIES 109.08
022053
1PPJX1QYTTQF 022152 PARTS/SUPPLIES 147.19
1WPLCLQJ3PGR 022021 PARTS/SUPPLIES 129.30
Total : 1,397.87
78739 10/8/2024 007874 AVID IDENTIFICATION 0093079-IN 022125 EQUIPMENT/SUPPLIES 2,585.60 Total : 2,585.60
78740 10/8/2024 001937 AZCA DRILLING & PUMP, INC. 17191 022165 REPAIR/MAINTENANCE SERVICES 2,988.02 Total : 2,988.02
78741 10/8/2024 001937 AZCA DRILLING & PUMP, INC. 021550 BEAUTIFY BLYTHE PROJECT - PAC 83,477.45 Total : 83,477.45
78742 10/8/2024 001937 AZCA DRILLING & PUMP, INC. 021777 PALO VERDE COLLEGE RESERVOI 228,114.00
Total : 228,114.00
78743 10/8/2024 000016 BABCOCK LABORATORIES, INC CH40764-0040 022062 TESTING SERVICES 17.69 Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 78743 10/8/2024 000016 BABCOCK LABORATORIES, INC (Continued) CH40782-0040 022062 TESTING SERVICES 648.83
CH40968-0040 022062 TESTING SERVICES 84.20
CH40969-0040 022062 TESTING SERVICES 50.16
CH40970-0040 022062 TESTING SERVICES 210.50
CH40974-0040 022062 TESTING SERVICES 244.20
CH40975-0040 022062 TESTING SERVICES 75.24
CH40977-0040 022062 TESTING SERVICES 25.08
CH41246-0040 022062 TESTING SERVICES 83.69
CH41247-0040 022062 TESTING SERVICES 33.69
CH41412-0040 022062 TESTING SERVICES 53.07
CH41413-0040 022062 TESTING SERVICES 91.51
CH41892-0040 022062 TESTING SERVICES 362.20
CH41893-0040 022062 TESTING SERVICES 53.07
CH41923-0040 022062 TESTING SERVICES 1,079.20
CH41924-0040 022062 TESTING SERVICES 70.76
CH41931-0040 022062 TESTING SERVICES 168.48
C140465-0040 022062 TESTING SERVICES 53.07
CI40466-0040 022062 TESTING SERVICES 70.76
C140467-0040 022062 TESTING SERVICES 42.12
C140468-0040 022062 TESTING SERVICES 91.51
C140498-0040 022062 TESTING SERVICES 1,412.95
Total : 5,021.98
78744 10/8/2024 006220 BACKFLOW SOLUTIONS, INC 9511 022166 BACKFLOW PROGRAM - SUBSCRIF 495.00 Total : 495.00
78745 10/8/2024 008138 BEJARANO SR, FRANCISCO 092824 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
78746 10/8/2024 008286 BLACK SHEEP PLUMBING 306 022083 REPAIR/MAINTENANCE SERVICES 424.66 Total: 424.66
78747 10/8/2024 006243 BRUCE BOWER INVESTIGATIONS 24-030 022071 PERSONNEL INVESTIGATION SERI 1,025.00 Total : 1,025.00
78748 10/8/2024 003394 BURROW CONSTRUCTION 021627 BEAUTIFY BLYTHE PROJECT - PAC 79,965.75 Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 78748 10/8/2024 003394 003394 BURROW CONSTRUCTION (Continued) Total : 79,965.75 78749 10/8/2024 000048 BURTRONICS BUSINESS SYSTEMS AR118445 022163 CONTRACT CN10648-01 6/27-9/26/2 935.02 Total : 935.02
78750 10/8/2024 008389 CANCHOLA, GILBERT 090724 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
78751 10/8/2024 000051 CB PLUMBING 101305 022167 REPAIR/MAINTENANCE SERVICES 982.12 Total : 982.12
78752 10/8/2024 006368 CHANDRA HOSPITALITY LLC AUG 2024 022201 ECONOMIC DEVELOPMENT INCEN 8,454.86 Total : 8,454.86
78753 10/8/2024 000366 CIRCLE H VETERINARY HOSPITAL 092324 022153 VET SERVICES 1,387.75 Total : 1,387.75
78754 10/8/2024 000896 CITY OF BLYTHE B2408-001 ADMINISTRATIVE FEES 18.45 Total : 18.45
78755 10/8/2024 000667 CITY OF BLYTHE:WATER UTILITIES SEPT 2024 022204 UTILITY SERVICES/CITY FACILITIE: 5,997.04 Total : 5,997.04
78756 10/8/2024 003841 CIVICPLUS LLC 318171 021693 WEBSITE HOSTING & SUPPORT 2,801.05 Total : 2,801.05
78757 10/8/2024 008366 COLORADO RIVER HOLDINGS CEQA2110-001 DEPOSIT BALANCE REFUND 600.00 Total: 600.00
78758 10/8/2024 007028 CORE & MAIN LP V008994 022168 PARTS/SUPPLIES 15,329.88 Total : 15,329.88
78759 10/8/2024 000448 CPS-COOPERATIVE PERSONNEL SVCS TR-INV004993 022138 TESTING SERVICES 517.00 Total : 517.00
78760 10/8/2024 005603 CR&R INCORPORATED SEPT 2024 022186 FRANCHISE CONTRACT 9/2024 82,993.93 Total: 82,993.93
78761 10/8/2024 000037 CULLIGAN SOFT WATER SERVICE 645258,645292 021498 WATER SERVICE 69.70 Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 78761 10/8/2024 000037 000037 CULLIGAN SOFT WATER SERVICE (Continued) Total : 69.70 78762 10/8/2024 000084 D & L AUTO PARTS INC 8681-213602 022056 PARTS/SUPPLIES 213.00 8681-213854 022146 PARTS/SUPPLIES 123.41
Total : 336.41
78763 10/8/2024 007712 DALE, GARTH 091824 022157 REIMBURSEMENT - TRAVEL - LODE 107.54 Total : 107.54
78764 10/8/2024 008365 DAVID P CHURCH CEQA2006-001 DEPOSIT BALANCE REFUND 200.00 Total: 200.00
78765 10/8/2024 002173 DEPARTMENT OF JUSTICE 758306 BLOOD ALCOHOL ANALYSIS 7/2024 140.00 765370 BLOOD ALCOHOL ANALYSIS 8/2024 35.00
765425 BLOOD ALCOHOL ANALYSIS 5/2024 140.00
Total : 315.00
78766 10/8/2024 002072 F&S FITNESS TECH 976536 022070 REPAIR/MAINTENANCE SERVICES 1,087.02 Total : 1,087.02
78767 10/8/2024 002396 FERNANDO'S AFFORDABLE FURNITUR 0000136 022156 GATES - EQUIPMENT/INSTALLATIO 2,187.50 Total : 2,187.50
78768 10/8/2024 002791 FISHER WIRELESS SERVICES INC 235296 022170 REPAIR/MAINTENANCE SERVICES 85.00 Total : 85.00
78769 10/8/2024 000318 GLENN JOHNSON COOLING/HEATING 040216 022051 REPAIR/MAINTENANCE SERVICES 198.70 Total : 198.70
78770 10/8/2024 003794 HARVEY CONSULTING GROUP, INC HB WATER-3 022206 CEQA ENVIRONMENTAL REVIEW - 1,600.00 Total : 1,600.00
78771 10/8/2024 008391 HORTENZIA & DARIA RAMIREZ 091424 COMMUNITY CENTER DEPOSIT RE 150.00 Total: 150.00
78772 10/8/2024 008091 INNOVATIVE EMERGENCY EQUIPMENT 33444 021231 VEHICLE EQUIPMENT UPGRADES 1,171.43 Total : 1,171.43
Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 78773 10/8/2024 004956 JAKOBSEN, ROBERT 101524 021834 TRAVEL - PER DIEM 10/15-10/16/20: 110.00 101524 021834 TRAVEL - PARKING 10/15-10/16/202 30.00
021834
Total : 140.00
78774 10/8/2024 008067 JOE A. GONSALVES & SON 161907 022139 PROFESSIONAL SERVICES 10/202: 4,160.00 Total : 4,160.00
78775 10/8/2024 008054 KOSMONT REALTY 2211.7-007 022140 PROFESSIONAL SERVICES 8/1-8/3- 351.00 Total : 351.00
78776 10/8/2024 004417 PACIFIC COAST ENVELOPE, INC 241888 021993 SUPPLIES/STOCK 960.38 Total : 960.38
78777 10/8/2024 008390 PEOPLES, JORDEN 97114 REFUND - PROGRAM FEES 45.00 Total : 45.00
78778 10/8/2024 000039 PETTY CASH 092424 022207 QUALITY OF LIFE OUTREACH PRO 935.87 Total: 935.87
78779 10/8/2024 008074 REP FITNESS S0491978 022045 EQUIPMENT 1,968.24 Total : 1,968.24
78780 10/8/2024 008373 RIVERSIDE UNIVERSITY HEALTH 2024-08 022052 TECHNICAL SERVICES 1,200.00 Total : 1,200.00
78781 10/8/2024 000141 THE HOLT GROUP INC B24-09-200 018173 PVC WATER TANK DESIGN/CONST 3,810.00 Total : 3,810.00
78782 10/8/2024 008069 TRIPEPI SMITH & ASSOCIATES INC 13124 022141 PROFESSIONAL SERVICES 6,515.00 Total: 6,515.00
78783 10/8/2024 008204 VERONICA TAM & ASSOCIATES INC 3484 022143 HOUSING ELEMENT UPDATE 2,360.00 3489 022142 HOUSING ELEMENT UPDATE 438.75
Total : 2,798.75
78784 10/8/2024 000278 WEEKS PRINTING 5252 022144 PRINTING/CUSTOM SERVICES 627.49 5261 022149 PRINTING/CUSTOM SERVICES 262.09
Page:
vchlist Voucher List Page:
10/03/2024 3:27:48PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 78784 10/8/2024 000278 000278 WEEKS PRINTING (Continued) Total : 889.58 78785 10/8/2024 008364 WORLDWIDE INC B2203-005 DEPOSIT BALANCE REFUND 966.13 Total : 966.13
53 Vouchers for bank code: union Bank total : 560,332.52 60 Vouchers in this report Total vouchers: 722,427.07

CLAIMS VOUCHER APPROVAL
I hereby certify that warrants numbered 10820-10826 and 78733-78785 in the amount of $722,427.05 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 the October 8, 2024.

Chich Elus
Christa Elms
Director of Finance
Page:

CITY OF BLYTHE

PAYROLL LISTING
Pay period 08/16/2024 to 08/29/2024
Payday 09/06/2024
I hereby certify that payroll warrants numbered 54696 to 54716, and direct deposits warrants numbered 59820 to 59892 in the amount of $365,661.53 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 October 8t, 2024.

Chists Elus
Director of Finance
-20-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 08/30/2024 to 09/12/2024
Payday 09/20/2024
I hereby certify that payroll warrants numbered 54717 to 54736, and direct deposits warrants numbered 59893 to 59965 in the amount of $310,934.08 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 October 8th, 2024.

Christ Elus
Director of Finance
-21-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 09/01/2024 to 09/30/2024
Payday 10/04/2024
I hereby certify that payroll warrants numbered 54737 to 54750, and direct deposits warrants numbered 59966 to 60060 in the amount of $80,014.07 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 October 8th, 2024.

Chut Elus
Director of Finance
-22-
Minutes of the Blythe City Council Meeting
September 10, 2024
The September 10, 2024 meeting of the Blythe City Council was called to order at 6:00 p.m. in Brown, Public Works Director Elegores, Police Chief Dale and Fire Chief Hasler.

The Pledge of Allegiance was led by Mayor DeConinck.

The Invocation was led by Councilman Burton.

REPORT FROM CLOSED SESSION:

City Attorney Roberto stated there was no reportable action.

PROCLAMATION:

National Suicide Prevention Month, September 2024. The Proclamation was presented to representatives of Peace from Chaos.

Patriotism Week, September 9-15, 2024. The Proclamation was presented to representatives of the local Benevolent and Protective Order of the Elks.

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.

3. 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, September 6, 2024.

4. Approval of the Warrant Register.

Recommendation: Approve 9/10/24, warrants numbered 78548 through 78561 in the amount of $57,400.07; 9/10/24, Utility Billing Refund warrants numbered 78562 through 78571, in the amount of $964.33; 9/10/24, warrants numbered 10780 through 10789 and 78572 through 78631. in the in the amount of $342,161.46, and 9/10/24, warrants numbered 10790 through 10794 and 78632 through 78670 in the amount of $321,748.94.

5. Approval of the Pavroll Register.

Recommendation: Approve 9/10/24, warrants numbered 54639 through 54660 and Direct Deposits warrants numbered 59579 through 5950 in the amount $306,739.69; 9/10/24, warrants numbered 54661 through 54662 in the amount of $543.41; 9/10/24, warrants numbered 54663 through 54682 and Direct Deposits warrants numbered 59651 through 54682 in the amount of $316,337.98, and 9/10/24, warrants numbered 54683 through 54695 and Direct Deposits warrants numbered 59723 through 59819 in the amount of $77,205.63.

6. Minutes of the August 13, 2024, City Council Meeting.

Recommendation: Approve the Minutes of the August 13, 2024, Meeting.

City of Blythe Permits Issued for the Month of August 2024.

Recommendation: Receive and file the monthly report.

8. City of Blythe Fire Department Monthly Activity Report for August 2024.

Recommendation: Receive and file the monthly report.
-23-

9. City of Blythe Police Department Monthly Activity Report for August 2024.

Recommendation: Receive and file the monthly report.

10. Quality of Life Program Activity Report for August 2024.

Recommendation: Receive and file the monthly report.

11. Biennial Review of the Conflict-of-Interest Code.

Recommendation: Receive and file the Biennial Report on the City's Conflict of Interest Code.

12. Service Agreement for 6" and 10" Avenue Resurfacing between County of Riverside and City of Blythe.

Recommendation: Authorize the Interim City Manager to execute the Service Agreement for the 6th and 10th Avenue Resurfacing between the County of Riverside and the City of Blythe in an amount not to exceed $2,687,972, once the agreement has been approved by the City Attorney, authorize the Interim City Manager to approve change orders requested by the County during construction or any amendments to the agreement within the approved project budget of $2,687,972.00.

13. Written Report Pursuant to California Government Code Section 65858(d) Regarding the Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities.

Recommendation: Receive and file the written report on the temporary moratorium on the establishment of commercial solar energy facilities.

Ordinance Establishing Regulations for Shopping Cart Containment.

Recommendation: Council adopt Ordinance No. 931-24:

ORDINANCE NO. 931-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.98 (SHOPPING CARTS) TO ARTICLE IX (MISCELLANEOUS) OF TITLE 9 (PUBLIC

PEACE, MORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE RELATING TO SHOPPING CART

CONTAINMENT 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).

No public comment. Councilman Burton moved approval of the Consent Calendar. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.

PUBLIC HEARING:

Tentative Parcel Map 390006- Palo Verde College. Interim City Manager Crecelius stated at the August 13" Council meeting, staff presented a request from Palo Verde College to allow the division of one 197.267-acre parcel into two separate parcels. The request would allow the City's water infrastructure to be housed on its own designated parcel, with the College on the other proposed parcel. During the meeting it was questioned if the City's water well was included in the City's proposed parcel. The Public Hearing was continued to tonight, to allow the Holt Group to revise the Tentative Parcel Map. The revised map now includes all the City's water infrastructure on proposed Parcel No. 2. The attached Tentative Parcel Map proposes to allow the division of one (1) 197.267t acre parcel into two separate parcels located at One College Drive and is legally described as Assessor's Parcel Number 821-200-020. Proposed Parcel No. 1 is 195.353t acres in size. Proposed Parcel No. 2 is 1.914t acres in size. Proposed Parcel No. 1 has access from an improved dedicated right-of-way. Parcel No. 2 has access through a dedicated easement. No variances or exceptions are required for this Parcel Map. This project is categorically exempt from CEQA as a minor land division. Council can make the following findings related to the proposed Tentative Parcel Map: The Tentative Parcel Map is consistent with the General Plan, the proposed tentative parcel Map is consistent with the requirements of the Zoning Ordinance, the site is physically suitable for the land division as proposed and the project will have no impact on the environment. Therefore, subsequent to the Public Hearing it is recommended Council adopt Resolution No. 2024-029 approving the Notice -24-
of Exemption with De Minimis Impact Findings for Tentative Parcel Map 39006 and Resolution No. 2024-030 approving Tentative Parcel Map 39006.

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

RESOLUTION NO. 2024-029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION WITH DE MINIMIS IMPACT FINDING FOR TENTATIVE PARCEL MAP 39006.

RESOLUTION NO. 2024-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING TENTATIVE PARCEL MAP 39006 TO ALLOW THE DIVISION OF ONE (1) 197.267+ (GROSS) ACRE PARCEL INTO TWO (2) SEPARATE PARCELS ON PROPERTY LOCATED AT ONE COLLEGE DRIVE (ASSESSOR'S PARCEL NUMBER 821-200-020).

Implementation of SB 1383 Organics Collection Service and Rate. Interim City Manager Crecelius stated in September 2016, Governor Brown set methane emission targets for California in a statewide effort to reduce the emission of short-lived climate pollutants. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for enforcement of SB 1383 regulations. When SB 1383 was first introduced, the City lobbied heavily for the City to be excluded or exempt from the requirements. The City believed the distance to any organics processing facilities and transporting organic waste 100+ miles each way would negate any methane emission reductions from the recycling of organics. Due to the distance to processing centers and no other population segments in the vicinity to share transportation and processing costs with the City was concerned with the undue burden SB 1383 would place on the City's rate payers. Although the implementation of an organics collection program in Blythe was delayed by these efforts, the City was unsuccessful with an exemption from the legislation. The City was placed on a Corrective Action Plan (CAP). The CAP has a deadline for compliance of September 30, 2024, which was extended from the original deadline of March 1, 2024. To implement the SB 1383 Organics Collection Program, an amendment to the existing Franchise Agreement with CR&R is necessary along with the approval of maximum rates that CR&R may charge for these new services. Under the Franchise Agreement, the City regulates the services that CR&R provides and the rates that CR&R can charge for those services. CR&R has proposed new organics rates to recover its costs of providing the new organics collection services. To promote public participation the City elected to hold a public hearing regarding the proposed new rates, including the continued annual adjustments for inflation, and to accept written protests in connection with the public hearing. Early in the SB 1383 program roll out discussion, it was anticipated the collection of organic waste could cost residents upwards of $15 per month. Now that the specifics of how and where the organic waste will be collected and processed have been determined, the proposed rate for organics is $13.06 per month. This brings the standard residential service from $28.08 per month to $41.14 per month. If approved, this fee will be in effect as of October 1, 2024. CR&R will begin delivering the 64-gallon organics cart to customers this month. A flyer was mailed to all residents announcing this, and asking residents to begin using their cart, including setting it curbside for collection the week of September 30th. To add a 64-gallon commercial organics cart to a commercial account, the cost will be $74.82 for service once a week, $124.95 for service twice a week or $174.93 for service three times per week. Under SB 1383, the City is authorized to grant waivers to commercial customers who do not generate organic waste. CR&R's staff has already processed numerous waivers for -25-
commercial accounts that meet exemption requirements. CR&R will continue to work with commercial customers who may qualify for exemption. Following staff's presentation, stafl recommends that the Council open public comment to receive public comment and protests. At the close of the public input portion of this public hearing, the City Clerk will tabulate all written protests and report the result to the City Council. After the City Clerk determines the results of the protest process, if there is no majority protest, staff recommends that the Council adopt Resolution No. 2024-031 approving increases to the maximum rates that may be charged by CR&R in connection with the solid waste collection services, and authorize the Interim City Manager to execute Amendment Number Two to the Second Amendment and Restatement of the Solid Waste Franchise Agreement between the City of Blythe and CR&R Incorporated for Exclusive Solid Waste Handling Services.

Public comment. Lynette Williams asked why a third can is being added. We are not filling the cans we have, why do we need more?
James Schleuter asked about the penalties and repercussions if we don't comply and if that would cost the City less than what the residents will have to pay.

City Clerk Crecelius confirmed that no written protests were received.

As it was determined there was no majority protest, Councilman Halby moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.

RESOLUTION NO. 2024-031. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

APPROVING INCREASES TO THE MAXIMUM RATES THAT MAY BE CHARGED BY THE CITY'S FRANCHISED HAULER.

Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Containers and Enclosures. Interim City Manager Crecelius stated the City Council directed staff to prepare an ordinance requiring trash containers in the commercial district to be locked.

Currently, there are no provisions in the Municipal Code requiring locking mechanisms on trash containers, or for containers to be in a trash enclosure within the commercial district. As a condition of approval, staff requires trash enclosures to be installed to City standard on new development projects within the City. To address unsightly and unsecure commercial and industrial solid waste containers, which attract scavenging, graffiti and homeless activities and lead to litter, trash and debris in the public right-of-way, most cities require commercial and industrial trash containers to be secured within trash enclosures, locked, or screened from public view by walls, fencing or buildings. CR&R estimates of the eight hundred and twenty-seven commercial bins in the City, six hundred and twenty-five are not locked. In the adopted rates for solid waste services, there is a fee of $21.65 per month to install locking bars on commercial bins. As it will take CR&R some time to install locking bars on commercial bins, the Ordinance establishes that commercial bins should be locked no later than November 30, 2025. A locking bar on commercial bins would help in the short term; but may not be the long-term solution Council is looking for. Even when locked, the homeless seem to find ways to damage the trash bin to obtain access. They bend or break the lids, damage or destroy the locking mechanism, and, in some cases, set fire to the trash bin. The customer is then charged for a replacement locking mechanism or to replace the trash container. A trash enclosure is the only way to fully prevent entry into the trash bins. This could be the long-term solution, but the upfront cost to business -26-
owners to install a trash enclosure is prohibitive. In some cases, businesses owners may not have room on their property to build an enclosure. City staff recommends codifying the current practice of requiring new businesses or new developments to install trash enclosures. Existing businesses would comply with the Ordinance by installing locking mechanisms on their current trash containers. Should the Council wish to require trash enclosures for all commercial and industrial areas, a sunset could be provided to allow five or more years for business owners to gain compliance with the Ordinance. This would give business and property owners time to plan for the upfront costs of building a trash enclosure. The City Manager or Planning Director would need authority to waive the requirement in situations in which space was an issue for existing properties. As staff could use more direction from Council on this Ordinance, it may be prudent to set a Study Session to discuss this further with Council. It is recommended the City Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance No. 932-24 and provide direction to staff.

Public comment. The Manager of Quality Inn asked for clarification on how the locking trash bin would work and how his customers would access the dumpsters.

Councilman Halby said he is tired of seeing trash everywhere. We need to move forward with this.

Vice Mayor Rodriguez would like to hold a Study Session to take input from business owners.

Interim City Manager Crecelius stated we can hold a Study Session to take direction and revise the ordinance. However, this Ordinance includes codifying the current practice of requiring trash enclosures for new businesses. If you would like that to continue, we could present an Ordinance specific to those requirements. Staff would like to move forward with that and take direction from you on locking mechanisms for trash bins.

City Attorney Roberto stated this Ordinance addresses two chapters of the Municipal Code. Only the provisions relating to trash enclosures are in your zoning code, which requires a public hearing. If you separate them out, only the trash enclosures require a public hearing. You can irect staff to separate the items and schedule a study session specifically on the lockin nechanism. Specific to Title 17, staff can come back with an Ordinance at a noticed Publi Hearing for the trash enclosure piece.

Interim City Manager Crecelius stated that is what staff is asking, that the practice for new businesses to build a trash enclosures be codified in the Municipal code. Then separate from that we would have a Study Session to discuss the locking bins.

Vice Mayor Rodriguez moved to table the item and directed staff to hold a Study Session related to locking trash bins and prepare an Ordinance related to trash enclosures. The motion was seconded by Councilman Burton with aye votes from DeConinck, Rodriguez and Burton and a no vote from Halby.

NEW BUSINESS:
-27-
Agreement between City and Tripepi Smith for Communications and Marketing Servies. Interim City Manager Crecelius stated part of the City's campaign to Save Chuck included hiring Tripepi Smith for communication and marketing services. They put together the campaign to stop to closure of CVSP, including the slogan "save chuck". As it became evident the City would be unsuccessful in its efforts to keep CVSP from closing, the services were redirected to community wide education and outreach. The current agreement with Tripeppi Smith expires at the end of the month. As staff wishes to continue the work started by Tripepi Smith, a proposal was requested to continue the public engagement services which include a City newsletter, weekly social media posts, Press Releases and OpEd drafted on behalf of the City.

Prior to the engagement with Tripepi Smith, the City was not active on social media and had no way of effectively distributing information to the public. These services have been a great tool for the City to share positive information about the City, including new development, city projects, programs and services for residents and has allow the City to highlighting various community events. This information is available not only to residents but those who might be looking to move to Blythe or start a new business in the City. The Tripepi Smith Team also works seamlessly with the City's lobbyist and helps drafts letters and other resources that the lobbyist can circulate with elected officials in Sacramento. They drafted a Press Release and OpEd on the City's opposition to the proposed Chuckwalla Monument Designation. This led to the Mayor and Vice Mayor being interviewed by a journalist with the Washington Post. During the Save Chuck campaign, Tripepi Smith scripted and shot several videos about the City's fight to Save Chuck. An optional service offered in the proposal is an Economic Development video showcasing Blythe as an area primed for development. The video would be posted on the City's website, youtube channel and could be emailed to potential developers showcasing the City's potential with its location on I10, land, water and year-round sunshine. Therefore, it is recommended that Council authorize the Interim City Manager to enter into an agreement with Tripepi Smith in an amount not to exceed $50,000 once reviewed and approved by the City Attorney.

Councilman Burton would like to hire someone local to do this. This is a lot of money.

Public comment. James Schleuter stated he agrees with Councilman Burton. Why outsource it? You could start an internship for a media student at the high school. I would rather keep it in the community.

Vice Mayor Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Halby with aye votes from DeConinck, Rodriguez and Halby and a no vote from Burton.

PUBLIC COMMENT:

Julie Styers of 6525 N. Lovekin would like a decrease in speed limit on N. Lovekin. She presented a flyer on a parasite in the Colorado River affecting pets and discussed that it was illegal to tether dogs.

James Schleuter asked why HWY 95 from the freeway to Mcintyre park was not repaved. He also complained about 7th at C&D Blvd from 14" Avenue on. The County is not taking care of that area when the City limit stop.
-28-
Comment was made by an unnamed speaker related to the condition of the roads. There are no school sign on Barnard and Carlton by the Escuela De La Raza. He would like his water bill explained.

Tony Podgorski invited the public to attend a 9/11 ceremony at 5:30pm at City Hall and at 8:30am at Gateway Park.

ORAL REPORTS:

Interim City Manager Crecelius introduced new Public Works Director Mirasol Elegores.

Police Chief Dale invited local youth to volunteer in the Police Cadet program and introduced new Police Officer Teresita Manning.

Fire Chief Hasler invented the public to attend the Blythe Fire Department's 9/11 memorial presentation while they take 3,100 steps in honor of the steps taken by first responders on 9/11.

This will occur at Scott Stadium at Palo Verde High School.

Councilman Burton gave a shoutout to the Pink Trash Bags and Public Works. He asked who was responsible to maintain the road leading into the Prison at Turtle Bridge.

Mayor DeConinck announced that Jere Allen, who was very involved in the community had passed.

ADJOURN: The City Council meeting was adjourned at 7:03pm.

Joseph DeConinck, Mayor
ATTEST:

Mallory Crecelius, City Clerk
- 29-
10/3/2024 City of Blythe Page 1
11:33:40AM PERMITS ISSUED
For the Period 9/1/2024 thru 9/30/2024
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2408-010 ELEC 528 EAST MURPHY STREET VICTOR & SONIA GALVEZ 26,010.00 1,653.38 1,653.38 9/13/2024 SOLAR 845163003 BRIGHT PLANET SOLAR INC
316/2024 FINALED Permit Name ROOF MOUNT SOLAR
B2409-034 ELEC 214 SOUTH SPRING STREET JEROME WILLIAMS 45,700.00 907.94 907.94 9/27/2024 SOLAR 848053001 BRIGHT PLANET SOLAR INC
3123/2024 ISSUED Permit Name RESIDENTAL ROOF MOUNTED SOLAR B2409-024 ELEC 1358 EAST FOURTEENTH AVE! BERMEJO & ESTRADA 900.00 297.00 297.00 9/16/2024 869160063 OWNER
3/16/2024 FINALED Permit Name UPGRADE
B2409-001 ELEC 350 ALICE LANE JESUS MANUEL FELIX MOREN 10,917.60 709.42 709.42 9/17/2024 SOLAR 848161006 GRID ALTERNATIVES
319/2024 ISSUED Permit Name SOLAR ROOF MOUNT w/batteries B2409-002 ELEC 460 SOUTH FIFTH STREET ANGELICA SALINAS 10,545.03 846.37 846.37 9/17/2024 SOLAR 848172037 GRID ALTERNATIVES
313/2024 ISSUED Permit Name SOLAR ROOF MOUNT w/batteries B2204-009 ELEC 505 WEST FOURTEENTH AVEN SOUTHERN CALIFORNIA EDISI 150,000.00 3,662.75 3,662.75 9/18/2024 SOLAR 848110005 PERERA CONSTRUCTION & DE
81322022 ISSUED Permit Name SOLAR
B2408-013 ELEC 185 SOUTH SIXTH STREET JOHN & JEAN DUNLAP 30,580.00 1,679.98 1,679.98 9/13/2024 SOLAR 848083018 BRIGHT PLANET SOLAR INC
3/9/2024 ISSUED Permit Name ROOF MOUNT SOLAR
9/5/2024
B2408-012 ELEC 575 WEST RICE STREET SAMUEL GUILIN 22,900.00 1,627.98 1,627.98 9/13/2024 SOLAR 848023037 BRIGHT PLANET SOLAR INC
3/3/2024 ISSUED Permit Name ROOF MOUNT SOLAR
B2409-010 ELEC 1020 EAST CALIFORNIA STREI JUAN DORAME 34,700.00 824.51 824.51 9/20/2024 SOLAR 857084009 BRIGHT PLANET SOLAR INC
3/632024 ISSUED Permit Name NEW ROOF MOUNTED SOLAR
B2409-007 ELEC 1357 BRUCE COURT JOSEPH & CHRISTINA LOPEZ 35,480.00 934.61 934.61 9/13/2024 SOLAR 836171015 BRIGHT PLANET SOLAR INC
3/322224 ISSUED Permit Name ROOF MOUNT SOLAR
B2409-011 ELEC 491 NORTH FIFTH STREET REX & MARIA LAINEZ 45,700.00 907.94 907.94 9/20/2024 SOLAR 845180009 BRIGHT PLANET SOLAR INC
9/6/2024 ISSUED Permit Name ROOF MOUNT SOLAR
9/13/2024
B2408-021 ELEC 1373 WEST WISCONSIN STREE OBDULIA MAGADAN 39,600.00 963.15 963.15 9/6/2024 SOLAR 836170020 BRIGHT PLANET SOLAR INC
33/A52224 ISSUED Permit Name ROOF MOUNT SOLAR
B2408-011 ELEC 555 WEST RICE STREET DOMITILLA VELAZQUEZ 23,600.00 1,640.07 1,640.07 9/6/2024 SOLAR 848023038 BRIGHT PLANET SOLAR INC
31412024 ISSUED Permit Name ROOF MOUNT SOLAR
B2401-011 ELEC 303 SOUTH FIRST STREET RAULS ARMENDARIZ 26,499.00 645.15 645.15 9/4/2024 SOLAR 848142001 SUNNOVA ENERGY CORPORA:
2/2022024 FINALED Permit Name Solar w/Storage Batteries & Upgrade PFRM133 CAW
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10/3/2024 City of Blythe Page 2
11:33:40AM PERMITS ISSUED
For the Period 9/1/2024 thru 9/30/2024
B2407-006 ELEC 1190 NORTH INTAKE BOULEV, BRET & ISMELDA ROBINSON 38,520.00 1,094.01 1,094.01 9/27/2024 SOLAR 857120002 BRIGHT PLANET SOLAR INC
31232024 ISSUED Permit Name ROOF MOUNT SOLAR
B2409-027 ELEC 535 NORTH SIXTH STREET STEPHANIE ERVIN 27,430.00 880.57 880.57 9/27/2024 •SOLAR 842125006 BRIGHT PLANET SOLAR INC
3/23/2024 ISSUED Permit Name ROOF MOUNT SOLAR
B2409-031 ELEC 481 SOUTH 6TH ST MARSHALL AND BRENDA GAF 43,060.00 879.60 879.60 9/27/2024 SOLAR 848172019 BRIGHT PLANET SOLAR INC
3123/2024 ISSUED Permit Name ROOF MOUNTED SOLAR
B2409-033 ELEC 771 OLEANDER LN CESAR LAINEZ 20,480.00 785.66 785.66 9/27/2024 SOLAR 842142015 BRIGHT PLANET SOLAR INC
3120/2024 ISSUED Permit Name RESIDENTAL ROOF MOUNTED SOLAR Total for: ELEC 632,621.63 20,940.09 20,940.09
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2408-033 ENCROACHMENT Hobsonway & Blueridge Road CITY OF BLYTHE RIGHT OF WA 0.00 687.00 687.00 9/11/2024 FRONTIER CALIFORNIA INC
8/28/2024 ISSUED Permit Name WO#50153-5363058
9/3/2024
Total for: ENCROACHMENT 0.00 687.00 687.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2407-004 EXCAV 400 block EARLE STREET CITY OF BLYTHE RIGHT OF WA 16,231.64 181.00 181.00 9/10/2024 NETWORX CABLING SYSTEM!
ISSUED Permit Name Project#38153467, change contr
Total for: EXCAV 16,231.64 181.00 181.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-021 FENCE 1455 WEST HOBSONWAY KMART CORP/FIFTH STREET F 18,000.00 629.27 629.27 9/16/2024 WROUGHT IRON 836180022 STAN DUNCAN
3/13/2024 ISSUED Permit Name 8 Wrought iron Fence
B2409-029 FENCE 401 EAST HOBSONWAY BROTHERS HOTEL INC 1,500.00 255.39 255.39 9/19/2024 WROUGHT IRON 845164010 SELF
3/19/2024 ISSUED Permit Name WROUGHT IRON FENCE
Total for: FENCE 19,500.00 884.66 884.66
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2408-009 FIRE 550 WEST DONLON STREET A TO Z INVESTMENT PROPERT 9,000.00 949.00 949.00 9/12/2024 ALARM 848100023 ALARM CENTRAL INC
9/9/2024 ISSUED Permit Name ALARM
Total for: FIRE 9,000.00 949.00 949.00
PFRM133
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10/3/2024 City of Blythe Page 3
11:33:40AM PERMITS ISSUED
For the Period 9/1/2024 thru 9/30/2024
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2205-007 GRADING 1800 WEST HOBSONWAY GENERATIONZ LLC 1,065,640.00 16,192.25 16,192.25 9/16/2024 836100011 CON TEC DEVELOPMENT
5/201 ISSUED Permit Name & ON-SITE IMPROVEMENTS
28/201
Total for: GRADING 1,065,640.00 16,192.25 16,192.25
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-009 MECH 704 GEORGIA STREET PATRICIA A KINGERY 11,500.00 537.00 537.00 9/6/2024 842171037 ALANIS AIR
9/6/2024 ISSUED Permit Name
Total for: MECH 11,500.00 537.00 537.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-044 OTHER 875 EAST CHANSLORWAY ROMAN CATHOLIC BISHO 17,000.00 346.28 346.28 9/26/2024 857071001 PADGETT'S CLEANING & REST
/26/2024 ISSUED Permit Name Repair of Flood Damage
/26/2024
B2408-023 OTHER 518 NORTH EUCALYPTUS AVE PRIME FAMILY TRUST & MART 29,180.00 2,580.09 2,580.09 9/18/2024 842133007 MT CONSTRUCTION TEAM
3/622244 FINALED Permit Name Enclose Garage for Casita
B2409-020 OTHER 523 WEST CHANSLORWAY SHANNA M DELEON 8,000.00 503.15 503.15 9/18/2024 842132025 GENERAL CONSTRUCTION IN
3/132024 ISSUED Permit Name Replace Siding
B2408-022 OTHER 1277 WEST HOBSONWAY ROBERT & LUCIA RAMOS 200,000.00 4,367.69 4,367.69 9/3/2024 836180045 STAN DUNCAN
3/30/2024 ISSUED Permit Name EDD Remodel to re-occupy
Total for: OTHER 254,180.00 7,797.21 7,797.21
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-012 410 NORTH THIRD STREET FERNANDO & MANUELA GUEI 13,766.40 812.82 812.82 9/24/2024 845180033 FERNANDOS AFFORDABLE FL
3/620224 ISSUED Permit Name
B2408-029 PATIO 2048 RIVIERA DRIVE LISA L VANSLYKE 22,944.00 775.06 775.06 9/11/2024 869380018 OWNER
3/622244 ISSUED Permit Name
Total for: PATIO 36,710.40 1,587.88 1,587.88
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-018 PLUMB 252 NORTH MAIN STREET SIMON REX KAPRIELLIAN 1,450.00 147.00 147.00 9/13/2024 BACKFLOW 845122006 CRECELIUS INC
9/5/2024 ISSUED Permit Name BACKFLOW
9/11/2024
PERM133
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10/3/2024 City of Blythe Page 4
11:33:40AM PERMITS ISSUED
For the Period 9/1/2024 thru 9/30/2024
B2409-017 PLUMB 243 SOUTH FOURTH STREET GOSHA INVESTMENTS LLC 2,980.00 147.00 147.00 9/13/2024 BACKFLOW 848091010 CRECELIUS INC
3/5172024 ISSUED Permit Name BACKFLOW
B2409-036 PLUMB 825 WEST HOBSONWAY UJAS BLYTHE 11,000.00 38.00 38.00 9/24/2024 WATER HEATER 836090043 ROTOCO LLC
3/24/2024 ISSUED Permit Name WATER HEATER
B2409-023 PLUMB 415 NORTH MAIN STREET PALO VERDE VALLEY TRANSI 2,500.00 421.00 421.00 9/16/2024 845040017 PALO VERDE PLUMBING COM
2/13/2024 ISSUED Permit Name Drinking Fountain in Lobby and drinking fountain outside Total for: PLUMB 17,930.00 753.00 753.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-004 REMOVE-R 987 EAST ELEVENTH AVENUE ALCANTAR & SCHAD 500.00 181.00 181.00 9/4/2024 857020016 OWNER
31412024 ISSUED Permit Name
Total for: REMOVE-R 500.00 181.00 181.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2409-039 RERF 392 COTTONWOOD LANE ROCHA & MOLINA 15,495.42 330.98 330.98 9/25/2024 TEAR OFF 854110039 ROOFIX TECHNOLOGIES LLC
923/2024 FINALED Permit Name TEAR OFF
B2409-013 RERF S15 WEST CALIFORNIA STREE ARYANNA CATTELL 11,000.00 242.42 242.42 9/9/2024 TEAR OFF 842131019 STEVE GRIFFIN CONSTRUCTIC
9/9/2024 ISSUED Permit Name TEAR OFF
9/9/2024
Total for: RERF 26,495.42 573.40 573.40
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2408-005 RIVCOUNTY 48500 HIGHWAY 95 SOTO & ARANJO 21,150.00 730.05 730.05 9/12/2024 SOLAR 806350026 BETTER EARTH ELECTRIC INC
3182024 ISSUED Permit Name ROOF MOUNT SOLAR
RC2409-003 RIVCOUNTY 14201 16TH AVENUE TERRY & JANET WHITE 34,100.00 433.93 433.93 9/20/2024 866080007 BRIGHT PLANET SOLAR INC
8718/2024 ISSUED Permit Name ROOF MOUNT SOLAR
RC2409-001 RIVCOUNTY 23140 DEFRAIN BOULEVARD MWD 1,500.00 212.90 212.90 9/13/2024 875131009 SHAWN COPELAND
31522024 FINALED Permit Name ELECTRICAL
RC2409-002 RIVCOUNTY 12491 24TH AVENUE MWD 1,500.00 212.90 212.90 9/13/2024 872360003 SHAWN COPELAND
3/522024 FINALED Permit Name ELECTRICAL
RC2408-004 RIVCOUNTY 23761 NEIGHBOURS BOULEVA GAMALIEL & OLGA GONZALE 34,416.00 819.51 819.51 9/23/2024 872100004 OWNER
3/16/2024 ISSUED Permit Name CARPORT
/13/2024
PERM133
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10/3/2024 City of Blythe Page 5
11:33:40AM PERMITS ISSUED
For the Period 9/1/2024 thru 9/30/2024
Total for: RIVCOUNTY 92,666.00 2,409.29 2,409.29
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid 800 WEST HOBSONWAY GARCIA & ALONSO 4,644.00 229.27 229.27 9/24/2024 836123001 SIGN MASTERS
Permit Name
Total for: SIGN 4,644.00 229.27 229.27
44 Permits Issued from 9/1/2024 Thru 9/30/2024 Total Valuation: $2,187,619.09 Total Fees: $53,902.05
Total Fees Paid: $53,902.05
10/3/2024 City of Blythe
11:42:14AM
Cases Opened (By Type)
For the Period 9/1/2024 thrụ 9/30/2024
Type of Case Number opened
BLDG 4

COMPLAINT
FIRE
WEED 5
Total Cases Opened: 13
Cases closed: 26
Remaining Cases: 351
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10/3/2024 City of Blythe Page 1
11:34:51AM
Permits Applications Received
For the Period 9/1/2024 thru 9/30/2024
Permit No. Applied Type Subtype Status Site Address/Parcel No. Applicant/Owner/Contractor BP2409-001 9/3/2024 BURNPERMIT APPLIED 601 SOUTH LOVEKIN BOULEVARD JOHN ROBERTSON Permit Name Tumbleweeds, Piled Wood Waste/Brush. 869042009 JOHN & VIRGINIA ROBERTSON Description:

BP2409-002 9/5/2024 BURNPERMIT FINALED 312 COTTONWOOD LANE OWNER Permit Name 854110036 DONALD & MARY WATTS
Description:

BP2409-003 9/4/2024 BURNPERMIT APPLIED 987 EAST ELEVENTH AVENUE ALCANTAR & SCHAD.

Permit Name Palm fronds, alfalfa, piled wood waste/brush 857020016 ALCANTAR & SCHAD Description:

BP2409-004 9/20/2024 BURNPERMIT AG BURN FINALED 1926 WEST HOBSONWAY CODY MARTIN Permit Name TUMBLEWEEDS 824200013 TRAVIS MACK MARTIN
Description:

BP2409-005 9/20/2024 BURNPERMIT APPLIED 2047 AGATE TERRACE ROAD Permit Name TUMBLEWEEDS, PILES WOOD, BRUSH 857190012 MICHAEL & CINDY LANCE Description:

BP2409-006 9/23/2024 BURNPERMIT AG BURN ISSUED 301 SIEGFRIED LANE GERARDO CASTRO Permit Name Date Farm-palm fronds & piled wood waste/brush 839120028 G C PRODUCE INC Description:
6 Permit Applications from 9/1/2024 Thru 9/30/2024
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10/3/2024 City of Blythe Page 1
11:35:52AM
Permits Applications Received
For the Period 9/1/2024 thru 9/30/2024
Permit No. Applied Type Subtype Status Site Address/Parcel No. Applicant/Owner/Contractor

1.2409-001 9/11/2024 BUSINESSLICENS APPLIED 890 EAST HOBSONWAY CASTELLOUSA Permit Name 854020017 890 HOBSON LLC
Description:

L2409-002 9/16/2024 BUSINESSLICENS APPLIED 825 WEST HOBSONWAY SURE STAY BY BEST WESTERN Permit Name 836090043 ZEILER PROPERTIES LLC ET AL.

Description:

L2409-003 9/17/2024 BUSINESSLICENS APPLIED 1847 EAST HOBSONWAY Permit Name 851130029 AMRATBHAI & TARUNA BHAKTA
Description:

L.2409-004 9/20/2024 BUSINESSLICENS APPLIED 1101 WEST HOBSONWAY Permit Name NEW BUSNIESS OWNER 836080059 SIZZLER USA RESTAURNATS, INC Description:
4 Permit Applications from 9/1/2024 Thru 9/30/2024
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10/3/2024 City of Blythe Page 1
11:39:23AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
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
PRC2409-001 PRC Ocean Pacific Energy RNG Fueling Station RECIEVED WEV BLYTHE LLC & 9/6/2024
500 BLOCK OFSOUTH INTAKE BOULEVARD
Comments:

PRC2409-002 PRC Intake Plaza RECIEVED
FISCHER & MILLER 9/10/2024
300 block SOUTH INTAKE BOULEVARD
Comments:

Total Projects for MALLORY CRECELIUS For the Period 9/1/2024 thru 9/30/2024: 2 10/3/2024 City of Blythe Page 2
11:39:23AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
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
TUP2409-001 TUP Trunk-or-Treat Event RECIEVED ...i
TOBUREN & HAWLEY 9/30/2024
155-175 NORTH SPRING STREET
Comments:

VP2409-001 VACANT PROPERTY RECIEVED
LUIS OCTAVIO ROCHA 9/5/2024
449 NORTH SEVENTH STREET
Comments:

Total Projects for MICHELLE VAN DYKE For the Period 9/1/2024 thru 9/30/2024: 2 -36-
10/3/2024 City of Blythe Page 1
11:40:39AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
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
G2409-001 GRAFFITI covered graffiti COMPLETED
4 EIGHTEEN CAPITAL VENTURES 9/4/2024
950 EAST HOBSONWAY
Comments:

G2409-002 GRAFFITI speed limit sign COMPLETED
9/4/2024
7000 block of W CHANSLORWAY
Comments:

G2409-003 GRAFFITI covered graffiti COMPLETED
CALLAN OIL DISTRIBUTING INC 9/4/2024
332 WEST CHANSLORWAY
Comments:

G2409-004 GRAFFITI covered graffiti COMPLETED
BLYTHE RA 320 LLC 9/4/2024
890 EAST HOBSONWAY
Comments:

G2409-005 GRAFFITI covered graffiti COMPLETED
FRANCISCO & ROSA LANDEROS 9/4/2024
862 EAST HOBSONWAY
Comments:

G2409-006 GRAFFITI covered graffiti COMPLETED
FERNANDO GUERRA 9/4/2024
280 EAST HOBSONWAY
Comments:

G2409-007 GRAFFITI covered graffiti COMPLETED
ALVARO & J GUADALUPE DAVILA 9/4/2024
370 SOUTH LOVEKIN BOULEVARD
Comments:

G2409-008 GRAFFITI covered graffiti COMPLETED
AUJLA & BLYTHE REAL ESTATE 9/4/2024
400 SOUTH LOVEKIN BOULEVARD
Comments:

G2409-009 GRAFFITI covered graffiti COMPLETED
ALAN DALE WEEKS 9/4/2024
123 SOUTH MAIN STREET
Comments:

PRONS
CRWSYSTEMS-37-
10/3/2024 City of Blythe Page 2
11:40:39AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
G2409-010 GRAFFITI covered graffiti COMPLETED
NATHAN MUMME, TRUSTEE 9/5/2024
316 WEST HOBSONWAY
Comments:

G2409-011 GRAFFITI covered graffiti COMPLETED
ARTURO SOTO 9/5/2024
648 WEST RICE STREET
Comments:

G2409-012 GRAFFITI covered graffiti COMPLETED
KARMA DALI DEV & METEOR MNGT 9/5/2024
379 SOUTH LOVEKIN BOULEVARD
Comments:

G2409-013 GRAFFITI covered graffiti COMPLETED
VILLAGE RETREAT 9/5/2024
301 NORTH EIGHTH STREET
Comments:

G2409-014 GRAFFITI traffic light control box COMPLETED
9/5/2024
200 block of S LOVEKIN BLVD
Comments:

G2409-015 GRAFFITI covered graffiti COMPLETED
COACHELLA VALLEY HOUSING COALI 9/5/2024
170 S SPRING ST
Comments:

G2409-016 GRAFFITI cbu box COMPLETED
9/5/2024
100 block of EUNICE CIR
Comments:

G2409-017 GRAFFITI covered graffiti COMPLETED
APPLEBY PROJECT LLC 9/11/2024
401 SOUTH THIRD STREET
Comments:

G2409-018 GRAFFITI covered graffiti COMPLETED
HERRERA & ROBLES ET AL 9/11/2024
322 WEST HOBSONWAY
Comments:

G2409-019 GRAFFITI covered graffiti COMPLETED
CASA ENCINAS BLYTHE LLC 9/11/2024
2200 EAST DONLON STREET
Comments:

PRONS
CRV/SYSTEMS 38-
10/3/2024 City of Blythe Page 3
11:40:39AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
G2409-020 GRAFFITI covered graffiti COMPLETED
COACHELLA VALLEY HOUSING COALI 9/11/2024
170 S SPRING ST
Comments:

G2409-021 GRAFFITI stop sign COMPLETED
9/12/2024
300 block of TESORO LN
Comments:

G2409-022 GRAFFITI STOP SIGN COMPLETED
9/12/2024
400 block of RIVER VALLEY AVE
Comments:

G2409-023 GRAFFITI one way sign COMPLETED
9/12/2024
200 block of W HOBSONWAY
Comments:

G2409-024 GRAFFITI stop sign COMPLETED
9/12/2024
100 block of N CARLOTON AVE
Comments:

G2409-025 GRAFFITI stop sign COMPLETED
9/12/2024
1000 block of BRUCE CT
Comments:

G2409-026 GRAFFITI neighborhood watch sign COMPLETED
9/12/2024
400 block of ACACIA ST
Comments:

G2409-027 GRAFFITI covered graffiti COMPLETED
ANTHONY F ROSSETTI 9/18/2024
495 NORTH MAIN STREET
Comments:

G2409-028 GRAFFITI covered graffiti COMPLETED
CUSICK FAMILY TRUST DTD 1091 9/18/2024
761 EAST HOBSONWAY
Comments:

G2409-029 GRAFFITI sidewalk COMPLETED
9/18/2024
400 block of N PALM DR
Comments:

PROI1S CRWSYSTEMS_39-
10/3/2024 City of Blythe Page 4
11:40:39AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
G2409-030 GRAFFITI covered graffiti COMPLETED
HAMID AGHASSI 9/18/2024
266 COTTONWOOD LANE
Comments:

G2409-031 GRAFFITI covered graffiti COMPLETED
TODD & ESCOBEDO 9/18/2024
286 NORTH FIRST STREET
Comments:

G2409-032 GRAFFITI covered graffiti COMPLETED
HOLT GROUP R P PARTN 9/18/2024
201 EAST HOBSONWAY
Comments:

G2409-033 GRAFFITI covered graffiti COMPLETED
PROVIDENT SAVINGS BANK 9/19/2024
350 EAST HOBSONWAY
Comments:

G2409-034 GRAFFITI covered graffiti COMPLETED
SYLVIA MARCOTTE CLOUTIER 9/19/2024
129 SOUTH PALM DRIVE
Comments:

G2409-035 GRAFFITI covered graffiti COMPLETED
GOTTBERG & ENTIN ET AL 9/19/2024
149 EAST HOBSONWAY
Comments:

G2409-036 GRAFFITI covered graffiti COMPLETED
SUKRAT & MARWA NAMOU 9/19/2024
803 EAST HOBSONWAY
Comments:

G2409-037 GRAFFITI stop sign COMPLETED
9/19/2024
400 block of E AVE B
Comments:

G2409-038 GRAFFITI stop sign COMPLETED
9/19/2024
100 block of S PALM DR
Comments:

G2409-039 GRAFFITI fire hydren COMPLETED
9/19/2024
300 block of N EUCALYPTUS AVE
Comments:

PRONS CRVSYSTEMS 40-
10/3/2024 City of Blythe Page 5
11:40:39AM
Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
G2409-040 GRAFFITI "<->" sign COMPLETED
9/19/2024
300 block of E DONLON ST
Comments:

G2409-041 GRAFFITI CBU BOX COMPLETED
9/19/2024
100 block of E 14TH AVE
Comments:

G2409-042 GRAFFITI covered graffiti COMPLETED
THE LORD WE TRUST 9/19/2024
439 SOUTH LOVEKIN BOULEVARD
Comments:

G2409-043 GRAFFITI covered graffiti COMPLETED
VILLAGE RETREAT 9/19/2024
301 NORTH EIGHTH STREET
Comments:

G2409-044 GRAFFITI covered graffit COMPLETED
MY THREE SONS INVESTMENTS INC 9/25/2024
1652 EAST HOBSONWAY
Comments:

G2409-045 GRAFFITI covered graffiti COMPLETED
WR LANDEROS, LLC 9/25/2024
1495 EAST HOBSONWAY
Comments:

G2409-046 GRAFFITI covered graffiti COMPLETED
THE LORD WE TRUST 9/25/2024
439 SOUTH LOVEKIN BOULEVARD
Comments:

G2409-047 GRAFFITI covered graffiti COMPLETED
DESERT HORIZON 9/25/2024
691 WEST HOBSONWAY
Comments:

G2409-048 GRAFFITI sewer lift COMPLETED
9/25/2024
300 block of S INTAKE BLVD
Comments:

G2409-049 GRAFFITI covered graffiti COMPLETED
ARVIN J. & JANICE D. DOBBS 9/25/2024
131 NORTH MAIN STREET
Comments:

PRO11S
CRWSYSTEMS 11-
10/3/2024 City of Blythe Page 6
11:40:39AM Projects by Type, Status and Date
For the Period 9/1/2024 thru 9/30/2024
G2409-050 GRAFFITI covered graffiti COMPLETED
ANTHONY F ROSSETTI 9/26/2024
495 NORTH MAIN STREET
Comments:

G2409-051 GRAFFITI covered graffiti COMPLETED
CASA ENCINAS BLYTHE LLC 9/26/2024
2200 EAST DONLON STREET
Comments:

G2409-052 GRAFFITI stop sign COMPLETED
9/26/2024
400 alley way of E 14TH AVE
Comments:

G2409-053 GRAFFITI stop sign COMPLETED
9/26/2024
300 alley way of E DONLON ST
Comments:

G2409-054 GRAFFITI fire hydren COMPLETED
9/26/2024
300 block of E DONLON ST
Comments:

G2409-055 GRAFFITI stop sign COMPLETED
9/26/2024
400 block of E DONLON ST
Comments:

G2409-056 GRAFFITI school xing sign COMPLETED
9/26/2024
300 block of S BROADWAY
Comments:

G2409-057 GRAFFITI fire hydren COMPLETED
9/26/2024
100 block of JULIANA LN
Comments:

G2409-058 GRAFFITI fire hydren COMPLETED
9/26/2024
300 block of N SOLANO AVE
Comments:

G2409-059 GRAFFITI bus stop bench COMPLETED
9/26/2024
1200 block of E HOBSONWAY
Comments:

Total Projects for RICKY AGUILAR For the Period 9/1/2024 thru 9/30/2024: 59 PROIS CRWSYSTEMS 42-

CITY OF BLYTHE FIRE DEPARTMENT

MONTHLY INCIDENT AND ACTIVITY REPORT
September 2024
Incident Total
Public Assist / Rescue / Medical Aid 30
Structure 3
Brush, Grass, Leaves 7
Trash, Rubbish, Dumpster 2
Other 5
Total # of Incidents 47
Activity
Drills
Staff Meeting 1
Races 2
Total Activities 7
Respectfully Submitted
Ronald Hasler, Fire Chief
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CHIEF

BLYT FIE

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
OLICE

ITIS POLIOS
Monthly Incident and Activity Report
September 2024
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
Prowlers 0
Public Intoxication 6
Alarm 31
Abandoned Vehicle Abatement 10
AVA Vehicles Tows 1
Vehicle Red Tags 3
Hospital Helicopter Landings
Documented Police Reports 153
Total Incidents 1413
-44-
151
CHIEF
BLYTHE

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
OLICY
POLICE
Quality of Life Program
The statistics listed below reflect total numbers of the Quality-of-Life Program for September 2024.

Homeless Detail: September Year to Date
People contacted. 183 1,913
People given bus tickets and left town to seek resources_ 5 54 elsewhere.

People assisted with obtaining their ID or Social Security 4 46 Cards to register for housing and assistance.

People transported to or referred to DPSS/Mental Health. 10 100 People detained under 5150 Welfare and institutions. 16 Code and transported for treatment.

People awaiting acceptance to rehab._ 2 12
People sent to rehab 1 22
People picked up by a family member and taken home 2 7
out of town.

People assisted with tires and/or gas and relocated to a 6 27 location for resources out of Blythe.

Traffic Detail:

Citations issued for various traffic related violations. 11 69 Traffic enforcement vehicle stops resulting in warnings for_ 2 20 minor violations.

Vehicles stored 3 30
-45-

SHINS FIRST

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: MOU between City and PVUSD for the 2024/25 School Year and 2025 Summer School Programs
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 execute the Memorandum of Understanding between City and PVUSD for the ELO Program once reviewed and approved by the City Attorney.

FISCAL IMPACT: The District will reimburse the City $4,000 per week ($800 per day) for participants engaged in the ELO Program at the Joe Wine Blythe Recreation Center.

BACKGROUND: The District is required by AB 130 to provide an Expanded Learning Opportunities Program (ELOP). The ELOP provides funding for afterschool and summer school enrichment programs for Transitional-Kindergarten through sixth grade students.

District Staff worked with the City to provide an ELO Program for 2023 summer school participants at the Joe Wine Blythe Recreation Center. As the Summer School Program was successful, the City and PVUSD executed a MOU to continue the ELOP through the 2023/24 School year and Summer School session.

The MOU for the 2023/24 School Year and Summer School Session has expired. The City and District wish to continue the partnership and enter a MOU for the 2024/25 School Year and Summer School Session.

STAFF REPORT: The current ELO program is open to 300 students aged TK to 6" grade during regular school instruction days and the summer school session. To participate, parents may enroll their students in the ELO Program. Students are bussed to the Joe Wine Recreation Center after school and can participate in activities until 5pm.

In April 2024, the MOU was amended to include an additional 10 days: three days during the Thanksgiving break, Lincoln's Birthday, and the six days of fair break. The MOU for the 2024/2025 School Year includes the addition of 5 days for Spring Break, Martin Luther King Day and President's Day. MLK Day and Presidents Day are City observed Holidays but may be covered by the part time employees hired to staff the ELOP Program. The intent of these additional days is to assist working parents with childcare options when school is closed.

The April addendum also added the participation of 7% and 8'h grade students in the program, as funding permits. The MOU for the 2024/25 School year continues to allow students to through gih grade to enroll in the program.
-46-
As this program continues to be a success for both the City and the School District, staff recommends Council authorize the Interim City Manager to execute the Memorandum of Understanding between the City and PVUSD for the ELO Program once it has been reviewed and approved by the City Attorney.

ATTACHMENT:

1. MOU between City and PVUSD- Draft
-47-

MEMORANDUM OF UNDERSTANDING

BETWEEN CITY OF BLYTHE AND

PALO VERDE UNIFIED SCHOOL DISTRICT
2024-2025 SCHOOL YEAR AND 2025 SUMMER SCHOOL PROGRAMS
This Memorandum of Understanding ('MOU" or "Agreement") is made by and between the Palo Verde Unified School District, a public local educational agency ("LEA"), hereinafter referred to as "District." and the City of Blythe, a municipal corporation, hereinafter referred to as "City".

RECITALS:

1. The District and the City have a joint use agreement dated April 4, 2023 ("2023 Joint Use Agreement"), which benefits the community as a whole by providing for the joint use of facilities, playgrounds, and outdoor playing fields in order to reduce capital and operational costs to both governmental jurisdictions. A copy of the 2023-Joint Use Agreement is incorporated as if fully set forth herein and attached hereto as Exhibit A
In response to the COVID-19 pandêmic's deleterious effects on school-age youth in the form of lost instruction and needed support forsocial and emotional well-being, among other needs, federal and state agencies have provided one-time funding to LEAs, including the District, to address learning recovery by creating a program to expand instructional learning and provide summer school or other activities in accord with the respective funding rules.

3. The District will receive a grant from the California Department of Education for Expanded Learning Opportunities in accordance with Education Code section 46120. In accordance with the requirements of Education Code section 46120(b)(2), the District has developed an Expanded encouraged to collaborate with non-LEA entities to administer and implement ELO-Ps.

4. The District will utilize the California Department of Education grant to collaborate with the City with respect to the District's 2024-2025 School Year and 2025 Summer School Programs ("Programs) to provide Expanded Learning Opportunities to student participants in grades TK-6 and, should funding allow, grades 7-8 ("Participants"). The Programs will include before-school activities during the school year and summer school activities at the Felix J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White Elementary School, and after- school activities and recreation time provided by the City in the afternoon at the Joe Wine Blythe Recreation Center, located at 127 S. Main St., Blythe, California ("City's Recreation Center"). Full- day activities and recreation time will also be provided by the City at the City's Recreation Center during the following school holidays/breaks: Thanksgiving Break (November 25-27, 2024), Martin Luther King Day (January 20, 2025), Lincoln's Birthday (February 10, 2025), President's Day (February 17, 2025), Fair Break (March 10-14, March 17, 2025) and Spring Break (April 21-25, 2025). The City's program is hereinafter referred to as the "Rec Center Program".

5. City and District intend and desire that this Agreement be effective retroactive to August 1, 2024. 1| Page
-48-

AGREEMENT

1. The 2024-2025 School Year Program: During the 2024-2025 School Year, the District will provide before-school opportunities starting at approximately 7:30 a.m., Monday through Friday (excepting holidays), to Participants at Felix J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White Elementary School. The before-school portion of the program will allow Participants to engage in learning activities that align with core academic instruction. Following the regular school day, Participants who also signed up for the Rec Center Program will be transported to the City's Recreation Center, where the City will assume supervision of and responsibility for Participants and will provide a recreation-based program for Participants until 5:00 p.m.

Full-day activities and recreation time will also be offered during Thanksgiving Break (November 25-27, 2024), Martin Luther King Day (January 20, 2025), Limeln's Birthday (February 10, 2025), President's Day (February 17, 2025), Fair Break (March 10-14, March 17, 2025) and Spring Break (April 21-25, 2025) during the 2024-2025 School Year, from 8:00 am. until 5:00 p.m. The full- day activities and recreation time will take place in their entirety at the City's Recreation Center, where the City will assume supervision of and responsibility for Participants.

2. The 2025 Summer School Program: During the 2025 Summary School Program, the District will provide instruction and classes from 8:00 a.m. to 12:00 p.m., Monday through Friday, June 16-July 17(20 days, excepting holidays), to Participants at Felix J. Appleby Elementary School and/or other District-chosen summer school locations. The instruction and classes will allow Participants to engage in learning activities that align with core academie instruction. Following the District- lead instruction and elasses, Participants who are signed up for the Rec Center Program will be transported to the City's Recreation Center, where the City will assume supervision of and responsibility for Participants and will provide a recreation-based program for Participants until 5:00 p.m.

3. Maximum Number of Participants: City and District agree that due to the capacity of the City Recreation Center, the number of Participants enrelled in the Rec Center Program shall not exceed 300 at any time.

4. Eligibility: District students who are enrolled in grades TK-6 and, should funding allow, grades 7- 8 for thę 2024-2025 School Year may participate in the Programs. Eligible students may participate in only the morning portion of the Programs, or in both the morning and afternoon portions of the Programs. Participants may only attend the Rec Center Program during the school year it they attended school that day. The foregoing notwithstanding, students may also attend the Rec Center Program during any portion or the entirety of the day on any of the school holidays/breaks enumerated in Section 1, above. The District acknowledges and agrees that it shall be responsible for providing to the City the names of students who will be attending the Programs on any particular day. The City shall be responsible for ensuring that only those students identified by the District will be allowed to participate in the City-run portions of the Programs on that day. Should a student who is not eligible to participate in the City-run portion of the Programs that day arrive at the City's Recreation Center with the intent of participating in the Rec Center Program, the City shall be responsible for contacting the student's parent, guardian, or caregiver in order to have the student picked up. Enrollment in the Rec Center Program shall be entirely voluntary and at the discretion of each Participant's parent/guardian.

5. Meals: Meals, including a healthy breakfast, lunch, and snack, will be provided to Participants by the District Nutrition Services Department prior to being transported to the City's Recreation 2 Page
-49-
Center on days other than the enumerated school holidays/breaks. The City will also provide healthy snacks to Participants during the Rec Center Program. On school holidays/breaks enumerated in Section 1, above, the City shall provide all meals and snacks for participants, including a healthy breakfast, lunch, and/or snacks, during the Rec Center Program. The District Nutrition Services Department shall cooperate with the City's Recreation Center and provide consultation regarding healthy meal and snack choices for Participants.

6. Transportation: At the conclusion of the regular school day during the 2024-2025 School Year, and the conclusion of instruction and classes each day during the 2025 Summer School Program, the District will transport Participants who are signed up for the Rec Center Program from the Participant's respective school sites to the City's Recreation Center. At the conclusion of the Rec Center Program, and no later than 5 p.m., the District shall provide return transportation to the Participants' respective school sites unless a parent, guardian, or caregiver picks up the Participant from the Rec Center Program.

The District shall also provide transportation to and from the City's Recreation Center during the enumerated school holidays/breaks. There will belone home to City's Recreation Center route in the morning, with Participants picked up at approximately 8 a.m., and one return route in the afternoon, with Participants picked up no later than 5 p.m.

The District shall be responsible for Participants during any transportation provided by the District.

7. Supervision: Participants in those poitions of the Programs taking place before school and during the summer on District school grounds (Felix J. Appleby Elementary School, Ruth Brown Elementary School, and/or Margaret White Elêmentary School) shall be supervised by school site principals. Once Participants are dropped off at the City's Reereation Center, the City will assume supervision of and responsibility for Participants and for providing a recreation-based program for Paiticipants until 5:00 p.m. The District acknowledges and agrees that minors are not permitted at the City's Recreation Center after 5:00 p.m. without a parent or guardian and that Participants in the Rec Center Program must be picked up from the City's Recreation Center by a parent, guardian, or caregiver, or by District transportation, by 5:00 p.m.

8. District Obligations/Fees: Inexchange for allowing Participants to attend the Rec Center Program, and for providing supervision, and oversight of Participants at all times from drop-off at the City's Recreation Center until 5:00 p.mi, the District shall pay the City $4,000.00 per week ($800.00 per day). The District shall not be charged any additional fees by the City, including any fees described in the 2023 Joint Use Agreement, in connection with this Agreement. Payment shall be made by the District within 30 days of receipt of an undisputed invoice from the City.

The District shall facilitate the Rec Center Program enrollment process for all Participants. The District shall be responsible for advertising in communications to students and parents/guardians, drafting the District's enrollment form, assisting in the form's completion, and providing copies of enrollment forms to the Rec Center Program prior to the first day of the Participant's participation in the Rec Center Program or within 48 hours of receipt, excluding weekends and holidays, whichever occurs first, for Participants who opt for the Rec Center Program.

The enrollment forms shall include the name, age, and gender of the Participant, the parent/guardian name and contact information, emergency contact information, relevant medical information, including, but not limited to, serious health problems and current medications, and any other relevant information.

The parents/guardians of Participants in the Rec Center Program shall be required to sign the City's Participant Agreement and Waiver and Release of Liability ("Waiver"), a copy of which is attached 3 Page
-50-
hereto as Exhibit B. Nothing in the Waiver shall be construed to relieve the City of its responsibility to supervise and oversee the safety of Participants in the Rec Center Program.

All enrollment forms, including the City's Waiver, when applicable, shall be completed prior to participation in the Programs.

The first enrollment window for the Rec Center Program shall be from July 31, 2024 through August 9, 2024. Additional enrollment windows will be available at various times throughout the school year, at the District's discretion.

9. City Obligations: The City will provide supervision and oversight of all Participants in the Rec Center Program, from drop-off at the City's Recreation Center until each Participant has been picked up by a designated parent, guardian, or caregiver, or by District transportation.

Notwithstanding the Waiver, the City shall exercise due diligence to ensure the safety of the Rec Center Program Participants. The District shall have ne supervisory or oversight obligations over Participants from the time Participants are dropped off at the City's Recreation Center until 5:00 p.m., when Participants are picked up by parent, guardian, or caregiver, or by District transportation. Under no circumstances shall the City be responsible for transportation of Participants in the Rec Center Program.

The City acknowledges and agrees that the staff to-student ratio must meet the District's minimum requirements of 1:20 for grades 1-6 and 1:10 for gradés K-K, as required by Education Code section 46120(b)(2)(D). The City shall provide staff fon the Rec Center Program who have been vetted through the City's employment process and completed the fingerprinting process described herein.

10. Fingerprinting: The City hereby ackpowledges that Education Code section 45125.1 applies to City staff working in the Rec Center Program putsuant to this Agreement. Section 45125.1 provides that any entity that has a contract with an LEA shall ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil's parent/guardian or a school employee, has a valid eriminal records summary. The City expressly acknowledges that: (1) All City employees working in the Rec Center Program must submit or have submitted fingerprints in a manner authorized by the Department of Justice ("DOJ"); (2) The City shall not permit any employee to come in contact with students untilthe DOJ has ascertained that the employee has not been convicted of a serious or violent felony; (3) The City shall certify in writing to the Governing Board of the District that none of its employees who may come in contact with students have been convicted of a serious or violent felony; and (4) The City shall provide to the Governing Board of the District a list of names of its employees who may come in contact with students. The City is required to fulfill these requirements at its own expense.

The City must notify the District within five (5) business days of a subsequent arrest notification from the DOJ of any City employees who work or have worked in the Rec Center Program pursuant to this Agreement. If the City receives notice from any entity that a City employee working in the Rec Center Program pursuant to this Agreement has been arrested for any reason, the City must notify the District within five (5) business days of receipt of notice. If a City employee is disqualified from working in the Rec Center Program pursuant to the requirements of the Education Code, the City agrees to provide a replacement employee within fifteen (15) days of receiving notification that the previous employee has been disqualified.

11. Confidential Records and Data: Neither party shall disclose confidential records received from the other party, including student records pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g, et seq., and Education Code section 49060, et seq. 4| Page
-51-

12. Inspection and Maintenance of Facilities: The City shall be solely responsible for the maintenance and conditions of the City's Recreation Center property and facilities. The District and its authorized representatives shall have the right, at any reasonable time during regular hours of the City's Recreation Center during the term of this MOU and upon reasonable notice to City, to enter the City's Recreation Center to inspect the property as needed in connection with this MOU. Failure to maintain the City's Recreation Center property or facilities to the standards called for by the Program, as determined by the District in its sole discretion, may be cause for termination in accordance with Section 15 of this MOU.

13. Effective Date; Term: This MOU shall be effective retroactive to August 1, 2024. The term of this MOU shall commence on August 1, 2024 and end on July 30, 2025.

14. Assignment: Neither party may assign its interest in this MOU without the other party's written consent.

15. Termination: Failure to comply with any material provision of this MOU and to cure any such failure within a period of ten (10) business days following teceipt of a written notice of noncompliance from the other party, or, with respect to noncompliance which cannot with due diligence be cured within such ten (10) business days period, failure to proceed promptly and diligently to cure the noncompliance, shall constitute a material breach of the MOU and furnish grounds for immediate termination of this MOU for cause‹ Notice of termination shall be provided in writing.

16. Dispute Resolution: In the eventany dispute arises under the terms of this MOU, the parties shall meet and confer within five (5) business days of the request of either party with the objective of resolving such dispute.

If, within fourteen (14) calendar days ofthe first "meet and confer," or such longer period as may the dispute canet be resolved by the parties' representatives to th e ales mural satisfaction, enter party may equest mediation. The parties shall mutually select a neutral and qualified mediatos, with expertise in the area of the dispute, to facilitate the resolution of the dispute. If the parties are-unable to agree on a mediator within fourteen (14) calendar days, the parties shall request that the American Arbitration Association (AAA) appoint a mediator. The mediation will be held in Blythe, California unless otherwise agreed to by the parties. The mediation shall be conducted in accordance with the then-current commercial Mediation Prosedures of the American Arbitration Association. Absent written agreement of the parties to the contrary, the mediation process shall be completed or terminated within sixty (60) calendar days of the initial request for mediation. The mediator's fee shall be shared equally between the District and the City. The mediator's recommendation for settlement, if any, shall be nonbinding on the parties. Mediation pursuaht to this provision shall be private and confidential.

Completion of mediation shall be a condition precedent to arbitration unless the other party refuses to cooperate in the setting of mediation. If the dispute is not resolved through mediation, the parties may mutually agree to resolve their dispute through binding arbitration. Either party may make a request to the other for arbitration. If the other party does not agree to arbitration within ten (10) days, the request shall be deemed denied.

17. Attorneys' Fees: In any legal action to enforce any of the terms of this MOU, each party shall bear its own attorneys' fees and costs, and neither party shall be liable for any such fees and costs incurred by the other party.

18. Force Majeure: Neither party shall be held liable for any delay in or failure of its obligations or performance where such delay or failure arises by reason of any Act of God, or of acts of a 5 Page
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governmental body, acts of the common enemy, the elements, strikes or labor disputes, or other causes beyond the party's reasonable control. The non-performing party must make every reasonable attempt to minimize delay of performance. If the event continues for longer than 120 days, either party may terminate this MOU by providing written notice to the other party.

19. Independent Contractor: The City shall be an independent contractor for purposes of this MOU and shall have control of the City's Recreation Center. Neither party is to be considered an agent or employee of the other, nor are employees of one agency entitled to participate in any pension plan, insurance, bonus, or similar benefits the party provides to its employees.

20. Entire Agreement: This MOU expresses the entire agreement between the parties concerning the subject matter of this MOU, with the exception of the 2023 Joint Use Agreement, which is incorporated as if fully set forth herein, and there are no other understandings, agreements, representations, or warranties, express or implied, not set forth or specified in this MOU or the 2023 Joint Use Agreement. This MOU supersedes all other agreements, verbal or written, relating to the subject matter hereof, excluding the 2023 Joint Use Agreement. The parties explicitly acknowledge that the Liabilities and Indemnification, Liability Insurance, and Workers' Compensation provisions of the 2023 Joint Use Agreement shall apply to this Agreement.

21. Conflict in Agreements: Where conflicts exist, the terms of this MOU prevail over all other agreements.

22. Amendments: This MOU may net be amended except in writing signed by the duly authorized representatives of both parties.

23. Waiver: The failure of the City or the Districtte insist upon stret performance of any of the terms, conditions, or covenants in this MOU will not be deemed a waiver of any right or remedy that the City or the District may have and will not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, or covenants herein contained

24. Binding Effect: This MOU and all the terms, covenants, conditions, and agreements herein contained will be binding upon and inure to the benefit of the parties hereto and their respective sticeessors.

25. Non-Discrimination; Neither the District nor the City, nor their respective employees, shall discriminate on the basis of race, religion, color, ancestry, sex, disability, national origin, or any other prohibited grounds against any person seeking employment or services from the Programs.

26. Notices: Except as otherwise expressly provided herein, any written notice required by this Agreement shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first-class postage prepaid, and addressed as follows:

Palo Verde Unified School District City of Blythe
Superintendent's Office Office of the City Manager
825 N. Lovekin Blvd. 235 N. Broadway
Blythe, CA 92225 Blythe, CA 92225
Any party hereto may give notice of an address change under the provisions of this section, and, thereafter, all notices shall be given to that address.

27. Section Headings: Section headings are included for the convenience of the parties and are not intended to define or limit the scope of this MOU.
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28. Duplicate Originals: This Agreement may be executed in duplicate originals bearing the original signature of each party, and, when so executed, any such duplicate original shall be admissible as proof of the existence and terms of this MOU.

29. Severability: In the event a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement.

30. Governing Law: This MOU shall be governed and interpreted in accordance with the laws of the State of California.

31. Jurisdiction and Venue: Jurisdiction and venue in the event of any litigation or action commenced by one party against the other shall be only in the California, State Court having subject matter jurisdiction located in Riverside County, California. Each party hereby expressly consents to the personal jurisdiction of and in the venue of the foregoing courts.

Palo Verde Unified School District City of Blythe
April Smith Mallory Crecelius
Palo Verde Unified School District Superintendent Interim City Manager Date: Date:

APPROVED AS TO FORM: APPROVED AS TO FORM:

Robert Tuerck Brittany Roberto
Palo Verde Unified School Distriet Attorney City Attorney 7 Page
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Amendment Number One to the City of Blythe Amended and Restated Finance Director Employment Agreement
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Authorize the Interim City Manager to execute Amendment Number One to the City of Blythe Amended and Restated Finance Director Employment Agreement between the City of Blythe and Christa Elms.

FISCAL IMPACT: Salary and benefits budgeted in FY 2024/25. The Agreement includes a base salary of $139,500 with annual cost of living salary increases of two- and one-half percent (2.5%) effective October 12, 2025 and October 12, 2026 and a one-time signing bonus of one thousand five hundred dollars ($1,500).

BACKGROUND: Christa Elms has served in the position of Finance Director since October 2017. Mrs. Elms served as Interim Finance Director from 2015 to 2017. Prior to 2015, she had a long career in various roles within the City of Blythe's Finance Department.

In 2020 the Council approved the Amended and Restated Finance Director Employment Agreement. Said agreement expires on October 11, 2024. As the Interim City Manager wishes to continue Mrs. Elms' employment as the City's Finance Director, both parties entered negotiations. Negotiations concluded and the City Attorney was directed to prepare the attached Amendment to the Employment Agreement.

STAFF REPORT: Christa Elms continues to do an exemplary job as Finance Director. The City's financial position and fiscal health continues to improve under her leadership. The City now has rainy day funds and can set aside funds for pension liabilities and capital expenses.

Aside from her typical duties as Finance Director, Christa worked extremely hard to purchase new vehicles for the City's fleet, including much needed police cars, working directly with vendors to find vehicles amid supply chain issues.

This year, Mrs. Elms secured a new auditing firm after the City's our long term consultant etired with little notice. Considering this. she has kept the City on track to deliver audite inancial statements. This year she will conduct the next City-wide user fee study and is taske with finding a new financial software system for the City as our current system will be unsupported in the next few years.

ATTACHMENTS:

1. Amended and Restated Finance Director Employment Agreement -55-

AMENDMENT NUMBER ONE
TO

CITY OF BLYTHE

AMENDED AND RESTATED

FINANCE DIRECTOR EMPLOYMENT AGREEMENT

THIS AMENDMENT NUMBER ONE TO CITY OF BLYTHE AMENDED AND RESTATED WHEREAS, City and Employee entered into an Amended and Restated Finance Director Employment Agreement dated February 9, 2021 (the "Agreement"); and WHEREAS, Section 2.1 of the Agreement provides for a term of four (4) years, beginning on October 12, 2020 and ending on October 11, 2024; and WHEREAS, City and Employee desire to extend the term of the Agreement for three (3) years, through October 11, 2027; and
WHEREAS, City and Employee desire to amend the Agreement as set forth herein.

NOW, THEREFORE, City and Employee agree as follows:

Section 2.1 of the Agreement is amended to read as follows:

The term of this Agreement is seven (7) years, commencing October 12, 2020 ("Commencement Date") and remaining in full force and effect through the end of the business day on October 11, 2027 ("Initial Term"), unless otherwise terminated as set forth herein. Upon the expiration of the Initial Term of this Agreement, this Agreement shall automatically extend on a month-to-month basis until terminated as set forth herein.

2. Section 3.0 of the Agreement is amended to read as follows:

3.1. Salary. Effective October 12, 2024, City agrees to pay Employee for the services rendered pursuant to this Agreement at an annual rate of One Hundred Thirty- Nine Thousand Five-Hundred Dollars ($139,500.00), which sum shall be considered Employee's base salary and shall be payable in installments at the same times as the City's other employees are paid in accordance with the City's established pay schedule, and subject to customary withholdings.

Salary Adjustments. Effective on October 12, 2025 and on each October 12 thereafter while this Agreement remains in effect, City agrees to provide Employee a cost of living salary increase in the amount of two and one-half percent (2.5%).

Section 4.0 of the Agreement is amended to read as follows:
(a) Medical Benefits. The City's contribution for medical insurance for Employee and eligible family members will have a cap of $695.00 per month. All increases in 1 of 5
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premiums above $695.00 will be paid by the City up to the 2014 rates as outlined below. All increases above the 2014 rates shall be paid entirely by Employee.

Plan Individual Individual + One Individual + Two or
Dependent More Dependents
Blue Shield Access $543.21 $1,086.42 $1,412.35
(HMO)
PERS Gold Select $586.32 $1,172.64 $1,524.43
(PPO)
PERS Platinum $638.22 $1,276.44 $1,659.37
(PPO)
(b) Dental, Vision, Life and Short-Term Disability Insurance. City shall provide imployee and eligible family members with dental and vision insurance, and sha rovide Employee with life and short-term disability insurance. City shall pay 100% of the premiums on said insurance. Employee's life insurance policy will be valued at $50,000.00. Employee shall name the beneficiaries of the life insurance policy. (c) Retirement Benefits. Employee shall be enrolled in the California Public Employees' Retirement System ("CalPERS") in accordance with the City's contract with CaPERS. Employee understands and agrees that Employee shall be entitled to the 2.5% at age 55 (2.5% @ 55) pension formula for "classic miscellaneous" employee under CaPERS. Employee shall pay 4% of the current 8% member contribution.
(d) Personal Business Leave. Employee may use up to six (6) days of sick leave per fiscal year for personal business leave, with prior approval from the City Manager. (e) Administrative Leave. Employee shall be entitled to eleven (11) days of administrative leave per fiscal year during her employment with the City. Up to three (3) days of administrative leave unused at the end of a fiscal year may be carried over into the succeeding fiscal year. The maximum accrual is fourteen (14) days per fiscal year. Upon separation, Employee shall not be entitled to any payment for unused administrative leave.
(f) Vacation Leave. Employee shall accrue vacation leave at the rate of 7.5 hours per pay period to a maximum accrual of 355 hours. Employee may sell vacation leave earned above the maximum accrual semi-annually on the last pay period in June and the last pay period in November. Payment will be made at Employee's current rate of pay. Employee shall submit a request for such payment prior to June 1 to be paid on the last pay period in June and prior to November 1 to be paid on the last pay period in November.
(g) Sick Leave. Employee shall accrue sick leave at the rate of 5.2 hours per pay period to a maximum accrual of 720 hours. Cash payback provisions of sick leave hours in excess of the maximum allowed for accrual shall apply. Employee may request to cash out 50% of the sick leave hours accrued but not used in a fiscal year (July 1 through June 30), up to a maximum of 48 hours, to be paid at the current rate of pay on the last pay period in June of that fiscal year. 2 of 5
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Employee is entitled to a 100% pay out of sick leave accrual in the event of the following listed separations from employment with the City: service or disability retirement, resignation, termination, or in the event Employee becomes deceased during the course of employment, which will then entitle Employee's primary beneficiary to payment of 100% of accrued sick leave at Employee's current rate of pay, up to a maximum of 720 hours of accrued unused sick leave. (h) Paid Holidays. Employee shall be eligible for paid holidays on City-designated holidays as they now exist or hereafter may be amended to the same extent as other City employees. Employee is also entitled to one (1) floating holiday per fiscal year. The floating holiday may be scheduled on a date that is agreeable to Employee and the City Manager. The floating holiday is non-accruable. (i) Bereavement Leave. Regulations and rules of the City relating to Bereavement the same oxient as ether ory eatoy ay be amended shall apply to Employee to (i) Longevity Pay. City shall provide Employee Longevity Pay on a bi-weekly basis as outlined below:
$50.00 for five (5) years through nine (9) years of continuous service $100.00 for ten (10) years through fourteen (14) years of continuous service $150.00 for fifteen (15) years through nineteen (19) years of continuous service $200.00 for twenty (20) plus years of continuous service

4. Section 5.0 of the Agreement is amended to read as follows:

During the term of this Agreement, the City Manager shall conduct an annual evaluation of Employee's performance. Unless otherwise agreed to in writing by the City Manager and Employee, the evaluation shall be conducted no later than the anniversary of the Commencement Date each year this Agreement is in effect. Employee acknowledges and agrees that because Employee will receive annual cost of living salary increases pursuant to Section 3.2 of this Agreement, Employee will not be entitled to any merit-based increases in Employee's base salary following such evaluations.

5. Section 6.3 of the Agreement is amended to read as follows:

Termination By the City, Without Cause; Severance Pay. At any time, and without prior notice, the City may terminate Employee's employment for any reason, with or without cause. If City terminates Employee's employment without cause, as defined herein, during the Initial Term, Employee shall be entitled to severance pay in an amount equal to four (4) months of Employee's base salary, or, if there are less than four (4) months remaining in the term of the Agreement, an amount equal to Employee's monthly base salary at the time of termination multiplied by the number of months left on the unexpired term of this Agreement, in accordance with California Government Code section Employee may have against the City at the time of any such termination, in such form as 3 of 5
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may be approved by the City Attorney, and Employee's satisfaction of the termination obligations set forth herein.

6. Employee shall receive one-time nonPERSable pay of One Thousand Five Hundred Dollars ($1,500.00) on the first full pay period following execution of this Amendment.

7. Each of the parties acknowledges that she/it has been represented by independent legal counsel of her/its own choosing, or if not, has been advised to obtain independent legal counsel and has freely and voluntarily waived and relinquished the right to legal counsel.

8. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

9. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written.

CITY OF BLYTHE
Mallory Crecelius
Interim City Manager

EMPLOYEE
Christa Elms
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Professional Service Agreements With Kevin Nelson and Gustavo Rodriguez
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 execute an agreement with Jon "Kevin" Nelson for Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator Services for the Blythe Water Treatment Plant.

FISCAL IMPACT: Funding was included in the adopted FY 2024/25 budget. The Agreement with Gustavo Rodriguez includes a modest budget increase of $2,100 each year of the Agreement. This allows for an increase in Mr. Rodriguez's fee from $1,825 per month to $2,000 per month for 32 hours of service monthly.

BACKGROUND: Since 2013, Gustavo Rodriguez has provided Chief Water Treatment Plant Operator Servies for the City of Blythe. Mr. Rodriguez has a Distribution Operator IV (D4) certification from the State of California. To maintain the City's water utility at least one D4 license is required to operate the system.

Kevin Nelson has provided project management and inspection services for the City of Blythe for many years. This includes the management and inspection of City infrastructure projects including street rehabilitation projects, water reservoirs, sewer lift rehabilitation valve replacement projects, etc. Mr. Nelson also inspects and approves projects that require work in the City's right-of-way. In this respect, his service fee is offset by permit fees. With the City currently working on several water reservoir projects in both construction and design, the Beautify Blythe project, a sewer lift station rehabilitation, Manhole Rehabilitation and Chanslor place Sewer Repair project, Mr. Nelson's services have never been more valuable.

STAFF REPORT: The Professional Service Agreements with Mr. Gustavo Rodriguez and Mr.

Kevin Nelson have expired. As staff wishes to continue the working relationship with both, the City Attorney prepared the attached agreements. Each agreement includes a term of three years with the option to renew in year 4 and year 5. Aside from the modest for Mr. Rodriguez, no other terms or conditions have changed from the previous Professional Service Agreements.

Therefore, it is recommended Council authorize the Interim City Manager to execute an agreement with Jon "Kevin" Nelson for Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator Services for the Blythe Water Treatment Plant.
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ATTACHMENTS:

1. Professional Services Agreement with Gustavo Rodriguez

2. Professional Services Agreement with Jon "Kevin" Nelson -62 -
Agreement No. 2024-055 A

CITY OF BLYTHE

PROFESSIONAL SERVICES AGREEMENT
WITH

GUSTAVO RODRIGUEZ
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of August 14, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipal corporation ("City"), and GUSTAVO RODRIGUEZ, an individual ("Consultant").

RECITALS
City proposes to utilize the services of Consultant as an independent contractor to provide services as the City's Chief Plant Operator for the City of Blythe Water Treatment Plant as requested by City, as more fully described herein; ano B Consultant represents that he has that degree of specialized expertise necessary, and holds all necessary licenses and certifications to practice and perform the services herein contemplated, including, but not limited to, a Water Distribution Operator Grade 4 (D4) Certificate issued by the State of California; and
City and Consultant desire to contract for the specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
City and Consultant intend and desire that this Agreement be effective retroactive to the Effective Date.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT
Scope of Services. Consultant shall provide professional services as the City's Chief Plant Operator for the City of Blythe Water Treatment Plant, as requested by City.

Consultant shall provide thirty-two (32) hours of services per month, on a schedule agreed upon by City and Consultant.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that he is familiar with all laws that may affect its performance of this Agreement.

Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has 1 Gustavo Rodriguez
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Agreement No. 2024-055 A
the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with All Laws. In performing the services required by this Agreement, Consultant shall comply with all applicable federal, state, and local laws. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Licenses and Certifications. Consultant shall maintain all licenses and certifications required to provide the services set forth herein, including, but not limited to, a Water Distribution Operator Grade 4 (D4) Certificate issued by the State of California.

Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant shall subcontract any services pursuant to this Agreement.

1.8. Confidentiality. Consultant may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING
Compensation. City agrees to pay Consultant a monthly flat fee of Two Thousand Dollars ($2,000.00) for all services provided pursuant to this Agreement.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified herein unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a 2 Gustavo Rodriguez
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monthly basis. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Timely Invoicing. Consultant acknowledges and agrees that Consultant must submit invoices for services no later than ninety (90) days following services rendered or within ninety (90) days following completion of project milestones. Consultant expressly waives its right to payment if invoices are not submitted within ninety (90) days following services rendered.

Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination or expiration of this Agreement.

3.0. TERM AND TERMINATION

3.1. Term. This Agreement shall be effective retroactive to the Effective Date and continue through June 30, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon mutual written agreement of both parties.

3.2. Notice of Termination. The City may terminate this Agreement at any time, with or without cause, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. Consultant may terminate this Agreement at any time, with or without cause, by providing at least thirty (30) days prior written notice to City.

3.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the written notice of termination.

Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

4.0. INSURANCE
Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement personal automobile liability insurance coverage with limits as follows: bodily injury coverage of at least One Hundred Thousand Dollars ($100,000.00) per person, and Three Hundred Thousand Dollars ($300,000.00) per accident, and property damage coverage of at least Fifty Thousand Dollars ($50,000.00), or a minimum of Three Hundred Thousand Dollars ($300,000.00) on a single limit policy. Such policy shall be endorsed to name the City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers as an 3 Gustavo Rodriguez
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additional insured. Consultant shall provide proof of the required coverage and endorsement to the City in a form approved by Risk Management.

5.0. GENERAL PROVISIONS
Entire Agreement: Amendments. 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.

Representatives. The City Manager or his or her designee shall be the epresentative of City for purposes of this Agreement and may issue all consents, approvals lirectives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

5.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Gustavo Rodriguez Mallory Crecelius, Interim City Manager 780 Aurora Way City of Blythe
Blythe CA 92225 235 N. Broadway
Blythe, CA 92225

5.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Riverside County, California.
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5.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

5.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City's choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness or willful misconduct of the Consultant, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence, recklessness or willful misconduct of Consultant, whether or not the Consultant is specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant 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. These indemnification provisions are independent of and shall not in any way be limited by the insurance requirements of this Agreement. City approval of the insurance coverages required by this Agreement does not in any way relieve the Consultant from liability under this section.

5.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that he is in any manner an agent or employee of City. Consultant shall secure, at his sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

5.10. PERS Eligibility Indemnification. In the event that Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5 Gustavo Rodriguez
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Agreement No. 2024-055 A
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees 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.

5.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

5.12. Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Consultant in the course of performance of this Agreement shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City.

5.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

5.14. Conflict of Interest. Consultant will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (California Government Code section 81000 et seq.) and California Government Code section 1090. During the term of this Agreement, Consultant shall not, without the prior written approval of the City's representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

5.15. Responsibility for Errors. Consultant shall be responsible for his work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

5.16. Binding Effect. This Agreement binds and benefits the parties and their respective 6 Gustavo Rodriguez
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Agreement No. 2024-055 A
permitted successors and assigns.

5.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant 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.

5.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

5.19. 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.

5.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

5.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. 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. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

5.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

5.23. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute by and through their respective authorized officers, as of the date first above written

CONSULTANT
Date:

Gustavo Rodriguez

CITY OF BLYTHE
Date:

Mallory Crecelius
Interim City Manager
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
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Agreement No. 2024-054 A

CITY OF BLYTHE

PROFESSIONAL SERVICES AGREEMENT
WITH
JON "KEVIN" NELSON
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered nto as of June 11, 2024 ("Effective Date"), by and between the CITY OF BLYTHE, a municipa orporation ("City'"), and JON "KEVIN" NELSÓN, an individual ("Consultant")

RECITALS
City proposes to utilize the services of Consultant as an independent contractor to provide project management and inspection services as requested by the City, as more fully described herein; ano
Consultant represents that he has that degree of specialized expertise necessary, and holds all necessary licenses to practice and perform the services herein contemplated; and City and Consultant desire to contract for the specific services described herein and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
City and Consultant intend and desire that this Agreement be effective retroactive to the Effective Date.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in Exhibit "A," attached hereto and incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that he is familiar with all laws that may affect its performance of this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
Terminate the Agreement as hereinafter set forth.

Compliance with All Laws. In performing the services required by this Agreement, Consultant shall comply with all applicable federal, state, and local laws. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant shall subcontract any services pursuant to this Agreement.

Confidentiality. Consultant may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Consultant at a rate of Eighty-Five Dollars ($85.00) per hour.

Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified herein unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Method of Billing. Consultant may submit invoices to the City for approval on a monthly basis. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
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Timely Invoicing. Consultant acknowledges and agrees that Consultant must submit invoices for services no later than ninety (90) days following services rendered or withir ninety (90) days following completion of project milestones. Consultant expressly waives its righ to payment if invoices are not submitted within ninety (90) days following services rendered.

2.5. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination or expiration of this Agreement.

3.0. TERM AND TERMINATION

3.1. Term. This Agreement shall be effective retroactive to the Effective Date and continue through June 30, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon mutual written agreement of both parties.

Notice of Termination. The City may terminate this Agreement at any time, with or without cause, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. Consultant may terminate this Agreement at any time, with or without cause, by providing at least thirty (30) days prior written notice to City.

Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the written notice of termination.

Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

4.0. INSURANCE
Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement personal automobile liability insurance coverage with limits as follows: bodily injury coverage of at least One Hundred Thousand Dollars ($100,000.00) per person, and Three Hundred Thousand Dollars ($300,000.00) per accident, and property damage coverage of at least Fifty Thousand Dollars ($50,000.00), or a minimum of Three Hundred Thousand Dollars ($300,000.00) on a single limit policy.

5.0. GENERAL PROVISIONS

5.1. Entire Agreement; Amendments. 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.
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Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

5.3. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

5.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Kevin Nelson Mallory Crecelius, Interim City Manager
9390 10th Avenue City of Blythe
Blythe, CA 92225 235 N. Broadway
Blythe, CA 92225

5.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Riverside County, California.

5.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

5.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City's choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, 4 Jon "Kevin" Nelson
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actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness or willful misconduct of the Consultant, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence, recklessness or willful misconduct of Consultant, whether or not the Consultant is specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant 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. These indemnification provisions are independent of and shall not in any way be limited by the insurance requirements of this Agreement. City approval of the insurance coverages required by this Agreement does not in any way relieve the Consultant from liability under this section.

5.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that he is in any manner an agent or employee of City. Consultant shall secure, at his sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

5.10. PERS Eligibility Indemnification. In the event that Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees 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.

5.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 5 Jon "Kevin" Nelson
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Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Consultant in the course of performance of this Agreement shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City.

5.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court

5.14. Conflict of Interest. Consultant will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (California Government Code section 81000 et seq.) and California Government Code section 1090. During the term of this Agreement, Consultant shall not, without the prior written approval of the City's representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

5.15. Responsibility for Errors. Consultant shall be responsible for his work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

5.16. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

5.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant 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.

5.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
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5.19. 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.

5.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

5.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. 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. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

5.23. 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.
[SIGNATURE PAGE FOLLOWS.]
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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.

CONSULTANT
Date:

Jon "Kevin" Nelson

CITY OF BLYTHE
Date:

Mallory Crecelius
Interim City Manager
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Consultant's services may include, not are not limited to, the following, as requested by the City Manager:
• Serve as City's project manager on City construction projects, including, but not limited to, street rehabilitation projects, water and sewer infrastructure projects, and work performed by the City in the City's right-of-way.
• Administer projects during planning and design phases. • Manage City's contracted design consultants.
• Assist with the preparation of project scopes, schedules, and budgets.

Perform permit inspections for work performed by private parties in the City's right-of-way • Other services as requested by the City Manager.
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Acceptance of Work - 2024 Beautify Blythe Project - Package IV = Miller Park Ballfield Lighting
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Council accept the work performed by Ace Electric, Inc. for the upgrading of existing ballfield lighting at Miller Park to LED lighting, for the project known as the 2024 Beautify Blythe Project - Package IV - Miller Park Ballfield Lighting, and authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project. It is further recommended Council authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.

FISCAL IMPACT: None
BACKGROUND: The City entered into an agreement with Ace Electric, Inc. on May 23, 2024 to upgrade the ballfield lighting system at Miller Park. This project was one of four construction agreements entered into as part of the City's 2024 Beautify Blythe Project.

Beautify Blythe is a $2.9 million grant award from Caltrans' Local Clean California grant program to beautify public spaces. The City partnered with the Palo Verde Valley Transit Agency to clean up and beautify various public spaces and facilities. This is the first project to be completed with this grant, with work at the Public Works Yard and Transit's Park-n-Ride facility currently under construction.

STAFF REPORT: The 2024 Beautify Blythe Project - Package IV - Miller Park Ballfield Lighting Project was completed to the satisfaction of the Public Works Department on October 3, 2024. The project was completed under the approved project budget of $335,000. No change orders were issued as part of the project.

It is recommended Council accept the work performed by Ace Electric, Inc. for the subject project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and authorize the release of retention payments once filed and the release of project bonds when appropriate.

ATTACHMENTS:

1. Notice of Completion
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Blythe
235 North Broadway
Blythe, CA 92225

EXEMPT FROM RECORDING FEES -
GOVERNMENT CODE $S 6103, 27383

SPACE ABOVE LINE FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
(California Civil Code § 9204)
NOTICE IS HEREBY GIVEN THAT:

1. Name and Address of Owner. The City of Blythe ("City"), a municipal corporation, whose address is 235 North Broadway, Blythe, California 92225, is the fee owner of the public work of improvement described herein and of the property containing said public work of improvement.

2. Description of Public Work of Improvement. The public work of improvement is the project known as: 2024 Beautify Blythe Project - Package IV - Miller Park Ballfield Lighting.

The public work of improvement generally consisted of upgrading existing ballfield lighting at Miller Park, located at 501 S. Lovekin Blvd. in Blythe, to LED lighting.

3. Location of Public Work of Improvement. The public work of improvement is located at the City of Blythe Miller Park, located at 501 S. Lovekin Blvd., Blythe, CA 92225.

4. Name and Address of Contractor. The contractor for the public work of improvement was: Ace Electric, Inc., P.O. Box 601071, San Diego, CA 92160.

5. Date of Agreement. The City and the contractor entered into a written agreement dated May 23, 2024 for the public work of improvement.

6. Name of Surety. The surety furnishing the faithful performance and labor and material bonds for the public work of improvement is: Nationwide Mutual Insurance Company.

7. Date of Completion. The public work of improvement was completed to the satisfaction of the City Engineer on: October 3, 2024.

8. Date of Acceptance. The City Council accepted the public work of improvement on October 8, 2024 and authorized the Mayor to execute, and the City Clerk to record, this Notice of Completion.
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Dated:

Joseph DeConinck
Mayor

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Blythe, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _, at Blythe, California.

Mallory Crecelius
City Clerk
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CITY OF BLYTHE

CITY COUNCIL MEETING
Blythe

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Resolution 2024-033 Authorizing the Destruction of Certain Financial Records and Documents for Fiscal Year 2018-2019.

PRESENTED BY: Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: Adopt Resolution 2024-033 authorizing the destruction of certain financial records and documents for fiscal year 2018-2019.

FISCAL IMPACT: None
STAFF REPORT:

Official documentation of the City's appropriations, revenues and expenditures for each fiscal year is in the City's annual audited financial statements. Copies of the annual audited financial statements are retained in the City's central files at City Hall.

The detailed reports generated by computerized accounting and utility billing systems are voluminous and require an extraordinary amount of storage space. Rarely is it necessary to access revenue, expenditure and billing data beyond the year immediately prior to the year last audited. However, once the fiscal year audit is completed, records of this nature must, by law, be retained for at least five (5) years. The information generated in these reports is strictly departmental in nature and in the interest of efficiency in records management; these records that have been retained for the period required by law are now scheduled to be destroyed.

Financial records and documents for Fiscal Year 2018-2019 have been retained for the minimum required period of five (5) years pursuant to Government Code Section 34090. The City Attorner's consent has also been obtained as required by the referenced Code Section.

ATTACHMENTS:

Records Destruction Form
Resolution No. 2024-033
Exhibit A - Records for Destruction
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Date: September 26, 2024 Department: Finance

RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on or after October 8, 2024. 2024-033 City Council Resolution Number
Retention
Records Description Period
All Records listed on Financial Records for Destruction "Exhibit A" 5 and have record dates of July 1, 2018, thru June 30, 2019. ** See attached "Exhibit A"
DOCUMENTS HAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION:

Chush Elus 10-3-2024
Department Head Date
Consent is hereby given to destroy the records enumerated above.

BittyRown
City Attorney
(Complete after destruction has been performed)
I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures:

Employee Date
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RESOLUTION NO. 2024-033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, AUTHORIZING THE

DESTRUCTION OF CERTAIN RECORDS AND

DOCUMENTS AS AUTHORIZED BY THE CALIFORNIA

GOVERNMENT CODE
WHEREAS, California Government Code section 34090 provides that, with the a copy, if the records are no longer required; and
WHEREAS, the Finance Director has requested that the City Council authorize the destruction of the financial records identified in Exhibit A attached hereto, relating to Fiscal Year 2018-19; and
WHEREAS, none of the records proposed for destruction:
(a) affects the title to real property or liens thereon; (b) is a court record;
(c) is a record required to be kept by statute;
(d) is a record less than two years old, or, if less than two years old, it is a duplicate of a record remaining on file;
(e) is an ordinance, resolution or the minutes of the City Council or any board or commission of the City of Blythe; and
WHEREAS, the City Attorney has consented in writing to the destruction of the financial records identified in Exhibit A; and
WHEREAS, the City Council finds and determines that the records were retained for the required retention period, are no longer required and may be destroyed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby authorizes the destruction of the financial records identified in Exhibit A.

SECTION 2. The City Council hereby authorizes the Finance Director to destroy all of the financial records identified in Exhibit A.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and -85-
shall enter the same in the book of original resolutions and it shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 8th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph DeConnick, Mayor
ATTEST:

Mallory Crecelius, City Clerk
(SEAL)
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EXHIBIT A

RECORDS FOR DESTRUCTION
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Exhibit A
Records for Destruction
Description of Records Date of Records Retention Period Accounting Reports July 1, 2018-June 30, 2019 5 years
Accounts Payable/Vendor Payments July 1, 2018-June 30, 2019 5 years Accounts Receivable July 1, 2018-June 30, 2019 5 years
Accounts Receivable-Taxes/Other July 1, 2018-June 30, 2019 5 years Bank Statements/Reconciliations July 1, 2018-June 30, 2019 5 years Billing Reports July 1, 2018-June 30, 2019 5 years
Budget Adjustments July 1, 2018-June 30, 2019 5 years
Budget Prep Reports July 1, 2018-June 30, 2019 5 years
Invoices July 1, 2018-June 30, 2019 5 years
Payroll Processing Reports July 1, 2018-June 30, 2019 5 years Payroll Timesheets July 1, 2018-June 30, 2019 5 years
Purchase Orders July 1, 2018-June 30, 2019 5 years
Receipts/Deposit Records July 1, 2018-June 30, 2019 5 years Service Requests - Utilities Accounts closed between July 1, 2018-June 30, 2019 Active + 5 years Utility Meter Readings July 1, 2018-June 30, 2019 5 years -88-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Acceptance of the ABC-OTS Grant through National Highway Traffic Safety (NHTSA)
PRESENTED BY: Garth V. Dale, Chief of Police
PREPARED BY: Garth V. Dale, Chief of Police
RECOMMENDATION: It is recommended Council adopt Resolution No. 2024-034, authorizing the Interim City Manager to enter into an Agreement with the State for participation in the California Department of Alcoholic Beverage Control's ABC-OTS Grant Program and authorizing the Interim City Manager to execute any and all grant documents.

FISCAL IMPACT: $31,000 in grant funding for overtime reimbursement to conduct operations with ABC Officers and administrative expenses.

BACKGROUND: In August of 2024, the Blythe Police Department received information regarding a grant available from the Department of Alcoholic Beverage Control to utilize the Minor Decoy Program, Shoulder Tap Program, and IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) Inspections to reduce the number of licensees who sell alcoholic beverages to minors. Staff completed the preliminary grant application and submitted the grant.

STAFF REPORT: In early October, staff learned the City had been selected to participate in the Department of Alcoholic Beverage Control's ABC-OTS Grant Program. Funding for the project is provided by the Office of Traffic Safety through the National Highway Traffic Safety Administration. An ABC representative will assist the Blythe Police Department in coordination of the Impact compliance checks, Shoulder Tap and Decoy operations to be conducted over the next year.

The Blythe Police Department was one of 20 California agencies awarded the grant. The grant period of operation is October 1, 2024, through August 31, 2025.

ATTACHMENTS:

Resolution No. 2024-034
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RESOLUTION NO. 2024-034

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BLYTHE, CALIFORNIA, AUTHORIZING

THE CITY TO ENTER INTO AN AGREEMENT

WITH THE STATE FOR PARTICIPATION IN THE

CALIFORNIA DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL'S ABC-OTS GRANT

PROGRAM AND AUTHORIZING THE INTERIM

CITY MANAGER OR HER DESIGNEE TO

EXECUTE ALL GRANT DOCUMENTS
WHEREAS, the California Department of Alcoholic Beverage Control (ABC), sponsored by the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration (NTSA), is awarding grants to local law enforcement agencies through its ABC- OTS Grant Program to deter underage drinking; and
WHEREAS, the City of Blythe supports the Grant Program goals; and WHEREAS, the City of Blythe Police Department submitted a letter of interest for participation in the Grant Program; and
WHEREAS, ABC selected the City to participate in the Grant Program and has awarded the City $31,000 in grant funds for the period of October 1, 2024 through August 31, 2024; and WHEREAS, ABC requires a resolution from the City Council authorizing the City to enter into an agreement with the State.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council authorizes the City to enter into an agreement with the California Department of Alcoholic Beverage Control for participation in the ABC-OTS Grant Program.

SECTION 2. The City Council authorizes the Interim City Manager or her designee to execute all grant documents, including, but not limited to, the agreement with the State, including any extensions or amendments thereof, to accept and administer the grant, and to take all steps necessary to implement this authorization and the Grant Program requirements and objectives.

PASSED, APPROVED, AND ADOPTED this 8th day of October, 2024 by the following vote:
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AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph Deconick, Mayor
ATTEST:

Mallory Crecelius, City Clerk
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PUBLIC

HEARING
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Enclosures
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended the City Council, subsequent to the public hearing, introduce Ordinance No. 932-24:

ORDINANCE NO. 932-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE AND UTILITY AREAS OF TITLE 17 (ZONING) OF THE BLYTHE

MUNICIPAL CODE TO ESTABLISH REQUIREMENTS RELATING TO SOLID WASTE ENCLOSURES AND FINDING

THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEOA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) FISCAL IMPACT: None.

BACKGROUND: At the April 23, 2024 meeting, the City Council directed staff to prepare an ordinance that would require all trash containers in the commercial district to be locked.

Currently there are no provisions in the Municipal Code requiring locking mechanisms on trash containers, or for containers to be in a trash enclosure within the commercial district. As a condition of approval, staff has required trash enclosures to be installed to City standards on new development projects within the City. This includes new builds and tenant improvements.

Pursuant to Council's direction, staff prepared an ordinance that would require business owners to use bins with locking bars for solid waste and recyclable materials and require all commercial and industrial property owners, business owners and operators using containers and other equipment for the storage of solid waste, recyclable materials or organic waste to maintain all containers and trash enclosures in a clean and sanitary condition. Staff presented the proposed ordinance to the City Council, acting in its capacity as the Planning Agency, at a duly noticed public hearing at the September 10, 2024 meeting. Following the public hearing, the City Council, acting as the Planning Agency, directed staff to schedule a study session regarding requiring the use of bins with locking bars, and to move forward with the amendments to Title 17 of the Blythe Municipal Code relating to trash enclosures.

STAFF REPORT: Staff updated the proposed Ordinance to limit its provisions to the amendments to Title 17 of the Blythe Municipal Code relating to trash enclosures. -93-
A trash enclosure is the only way to fully prevent entry into the trash bins. City staff recommends codifying the current practice of requiring new businesses or new developments to install trash enclosures. The proposed Ordinance would require persons applying for a permit for new construction and/or building additions or alterations to install a trash enclosure.

Should the Council wish to require trash enclosures for all commercial and industrial areas, a sunset could be provided to allow five or more years for business owners to gain compliance with the Ordinance. This would give business and property owners time to plan for the upfront costs of building a trash enclosure. The City Manager or Planning Director would need authority to waive the requirement in situations in which space was an issue for existing properties.

Therefore, it is recommended the City Council, subsequent to the public hearing, introduce Ordinance No. 932-24.

ATTACHMENTS:

1. Ordinance No. 932-24
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ORDINANCE NO. 932-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20
(TRASH, STORAGE AND UTILITY AREAS) OF TITLE 17
(ZONING) OF THE BLYTHE MUNICIPAL CODE TO

ESTABLISH REQUIREMENTS RELATING TO SOLID

WASTE ENCLOSURES 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 California Integrated Waste Management Act of 1989 (Public Resources Code § 40000 et seq.) authorizes cities to regulate all aspects of solid waste handling which are of local concern, including, but not limited to, the manner of collection and disposal of solid waste; and
WHEREAS, the storage, accumulation, collection and disposal of municipal solid waste, including without limitation, garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these materials may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare; and WHEREAS, unsightly and unsecure commercial and industrial solid waste enclosures attract scavenging, graffiti and homeless activities and lead to litter, trash, and debris in the public right-of-way; and
WHEREAS, sanitary conditions need to be maintained in and around solid waste enclosures to prevent the harboring and breeding of rodents and insects; and WHEREAS, the City Council desires to promote the public health, safety and welfare of the residents of and visitors to the City of Blythe and to preserve the environmental quality of the City by requiring new developments to construct trash enclosures; and
WHEREAS, on September 10, 2024, the City Council, acting as the City's Planning Agency, held a duly noticed public hearing and considered the stati report, recommendations by staff, and public testimony regarding the proposed amendments to Title 17 of the Blythe Municipal Code; and
WHEREAS, on October 8, 2024, the City Council held a second duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed amendments to Title 17 of the Blythe Municipal Code; and Ordinance No. 932-24

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WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Amendment to Title 17. Chapter 17.20 (Trash, Storage and Utility Areas) of Division III (Development and Performance Standards) of Title 17 (Zoning) is hereby amended to read as follows:

17.20.010 - Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Container" means a cart, bin, roll-off box, or other receptacle for solid waste, recyclable material, or organic waste.

B. "Organic waste" or "organic solid waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in Title 14, Section 18982(a)(46) of the California Code of Regulations.

C. "Recyclable materials" means those materials that may be separated on a commercially reasonable basis from solid waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recyclable materials" includes any materials identified by the city manager for which a market exists, including, but not limited to, plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans.

D. "Solid waste" has the same meaning as defined in Section 40191 of the California Public Resources Code.

17.20.020 - Trash collection areas.

The occupant or owner of each commercial, industrial and residential premises shall maintain the premises' solid waste, recycling, and organic waste storage and collection area in good working condition and shall keep the storage and collection area, and the Ordinance No. 932-24

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area immediately surrounding such storage and collection area, clean and free of litter, rodents, and insects.

17.20.030 - Trash enclosures.

A. Persons applying for a permit from the city for new construction and/or building additions or alterations shall comply with the requirements of this section.

B. An enclosure for the storage of solid waste, recycling, and organic waste containers is required for each commercial or industrial establishment and for each residential development consisting of five (5) or more dwelling units, except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, a shared enclosure may be provided for each group of tour (4) or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site.

C. All enclosures required by this section shall be screened from public view and shall be physically integrated into the project.

D. The planning director, in consultation with the public works director, shall issue standards for the construction of enclosures required by this section, and maintain such standards on file in the planning department. All enclosures required by this section shall be constructed and maintained in accordance with such standards.

E. At a minimum, the following best management practices shall be adhered to:

1. The enclosure shall only be used for storage of solid waste, recyclables, and organic waste. Hazardous waste and/or any other items shall not be stored inside the enclosure.

2. Solid waste, recycling and/or organic waste containers shall not be overfilled.

Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully.

3. The enclosure shall be maintained in good working condition and in the condition it was approved. The owner or occupant of the premises shall be responsible for the day-to-day maintenance and cleaning of the enclosure.

4. The enclosure or waste receptacles shall not be washed out to the storm drain system, street, or gutter. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary sewer only.

Ordinance No. 932-24

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17.20.040 - Storage areas.

At least sixty cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. The space may be located in a garage or carport provided that it does not interfere with the parking of a vehicle.

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
Ordinance No. 932-24

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ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
Ordinance No. 932-24

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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Urgency Ordinance Extending Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended that the City Council, subsequent to the public hearing, adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U:

URGENCY ORDINANCE NO. 933-24-U. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, EXTENDING 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 ONE YEAR AND FINDING THE ORDINANCE IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
FISCAL IMPACT: None.

BACKGROUND: State law governs the City's ability to adopt temporary moratorium ordinances. A moratorium is a stringent temporary land use control based on documented health, safety, and general welfare concerns made pursuant to the police power. Cities may adopt temporary ordinances prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city plans to study within a reasonable time. (California Government Code section 65858.) To adopt a moratorium, the City must follow the prescribed statutory process and must make written statutory findings.

A moratorium ordinance requires a four-fifths vote of the City Council to approve and has an initial duration of 45 days. If the initial ordinance is adopted as an urgency measure without following the notice and adoption procedures required for other ordinances, after notice and a public hearing, the interim ordinance may be extended for up to 10 months and 15 days and subsequently extended for up to one additional year. Any extension requires a four-fifths vote of the City Council for adoption. No more than two extensions may be adopted for a total duration of up to two years.

Ten days before the expiration of the interim ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (California Government Code section 65858(d).) It is important to note that the City may only prohibit the issuance of development permits. It may neither prohibit developers from submitting new permit applications nor prohibit the processing of permits during the moratorium.
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When adopting a moratorium, the City must make two statutory findings: (1) there is a current and immediate threat to the public health, safety, or welfare, and (2) the approval of additional permits or entitlements under the zoning ordinance would result in that threat to public health, safety or welfare. (California Government Code section 65858(c).) 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 commercial solar energy facilities.

On October 10, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 925- 23-U, establishing a 45-day temporary moratorium on the establishment of new commercial solar energy facilities in the City as authorized by California Government Code section 65858. On November 14, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 926- 23-U, extending the temporary moratorium for 10 months and 15 days as authorized by California Government Code section 65858. The moratorium will expire on October 9, 2024, unless extended for one year as authorized by California Government Code section 65858. The extension must be adopted by ordinance and requires a four-fifths vote of the Council.

On September 10, 2024, the City Council issued a written report describing the measures taken to alleviate the conditions that formed the basis for the adoption of Urgency Ordinance No. 926-23- U as required by California Government Code section 65858(d).

STAFF REPORT: In 2023, 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 area. The proposed project includes a five-megawatt solar facility with 20 megawatts of battery energy storage on a property that is approximately 58 acres in size.

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 area and throughout the City.

The Colorado River Corridor Plan ("Plan") was adopted in March 2007 following a comprehensive and iterative planning process that started with the formation of the Colorado River Corridor Plan Ad-Hoc Advisory Committee ("Committee") in August 2005. The process included coordination between the Committee and City departments, and consultation with the Palo Verde Unified School District and the Palo Verde Irrigation District. Professional planning, environmental, and engineering consultants also provided support to the City during the planning process. The planning process also included input from the community at community workshops and input from the Planning Commission and City Council.

The Plan 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; -101-
creating a multi-purpose recreational trail system; providing additional river access points; and preserving open space while balancing circulation needs.

The Plan establishes connections between all of the lands within its boundaries to provide integration and balance between the Riverfront and the rest of the City. Goals of the Plan include maintaining a small-town atmosphere, encouraging development of resorts, hotels, and other visitor-serving commercial uses, and managing growth and development timing.

As outlined above, the Blythe Zoning Code does not define or regulate commercial solar energy facilities. For purposes of this staff report and the proposed urgency ordinance, "commercial solar energy facility" refers to a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. "Commercial solar energy facility" does not include a solar energy system that meets the definition of California Civil Code section 801.5. "Commercial solar energy facility" also does not include accessory solar energy equipment installed for on-site consumption. "Commercial solar energy facility" does include what are commonly known as solar farms.

Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, Development Services Department staff is concerned that commercial solar energy facilities may have adverse effects on City residents. Staff is also concerned that if commercial solar energy 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 that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and developed Colorado River Corridor Specific Plan. Staff believes it is necessary to continue 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.

Therefore, staff is recommending that the City Council adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U to extend the moratorium on the establishment of new commercial solar energy facilities for a period of one year as authorized by California Government Code section 65858.

ATTACHMENTS:

1. Urgency Ordinance No. 933-24-U
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URGENCY ORDINANCE NO. 933-24-U

AN INTERIM URGENCY ORDINANCE OF THE CITY

CALIFORNIA,

ESTABTISHNENT OF COMMERCIAA 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 ONE YEAR AND FINDING THE ORDINANCE

IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
The City Council of the City of Blythe hereby finds and declares as follows:

WHEREAS, California Government Code section 65858 provides that to protect the public health, safety, and welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting certain uses while the City studies the prohibited uses; and
WHEREAS, Section 17.08.710 of the Blythe Municipal Code defines "utility operations facilities" 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"; and WHEREAS, Section 17.08.710 was last amended in 1982; and WHEREAS, Section 17.08.710 does not clearly, and was not likely intended to, include commercial renewable energy facilities such as commercial solar energy facilities; and
WHEREAS, the Blythe Municipal Code does not define or contain specific regulations for commercial solar energy facilities; and WHEREAS, for purposes of this ordinance, "commercial solar energy facility" refers to a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. "Commercial solar energy facility" does not include a solar energy system that meets the definition of California Civil Code section 801.5. "Commercial solar energy facility" also does not include accessory solar energy equipment installed for on-site consumption. "Commercial solar energy facility" does include what are commonly known as solar farms; and
WHEREAS, on October 10, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 925-23-U, establishing a temporary 45-day moratorium on the establishment of new commercial solar energy facilities in the City; and Urgency Ordinance No. 933-24-U

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WHEREAS, on November 14, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 926-23-U, extending the temporary moratorium for 10 months and 15 days as authorized by California Government Code section 65858; and WHEREAS, the moratorium will expire on October 9, 2024, unless extended pursuant to California Government Code section 65858, which authorizes the City Council, after notice pursuant to California Government Code section 65090 and a public hearing, to adopt an ordinance extending the moratorium for one year, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the moratorium; and
WHEREAS, California Government Code section 65858(d) requires the City Council, 10 days prior to the expiration of the moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium; and
WHEREAS, on September 10, 2024, the City Council issued a written report detailing the steps that staff was taking to alleviate the conditions that led to adoption of the moratorium in accordance with California Government Code section 65858(d); and WHEREAS, the City has a pending application for the construction of a five- megawatt commercial solar energy facility on land located within the Colorado River Corridor Plan area. The land is currently in agricultural production; and WHEREAS, the City anticipates that it will continue to receive applications to construct commercial solar energy facilities; and
WHEREAS, the Colorado River Corridor Plan was adopted in March 2007 following a comprehensive and iterative planning process that started with the formation of the Colorado River Corridor Plan Ad-Hoc Advisory Committee ("Committee") in August 2005. The process included coordination between the Committee and City departments, and consultation with the Palo Verde Unified School District and the Palo Verde Irrigation District. Professional planning, environmental, and engineering consultants also provided support to the City during the planning process. The planning process also included input from the community at community workshops and input from the Planning Commission and City Council; and
WHEREAS, the Colorado River Corridor Plan is a comprehensively planned, waterfront-oriented land use plan intended to complement other areas of the City; and WHEREAS, the City's vision for the Colorado River Corridor 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 Urgency Ordinance No. 933-24-U

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balancing circulation needs; and
WHEREAS, the Colorado River Corridor Plan establishes connections between all of the lands within its boundaries to provide integration and balance between the Blythe Riverfront and the rest of the City; and
WHEREAS, goals of the Colorado River Corridor Plan include maintaining a small- town atmosphere, encouraging development of resorts, hotels, and other visitor-serving commercial uses, and managing growth and development timing; and WHEREAS, the City is concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses and would obstruct the attainment of the goals and objectives of the Colorado River Corridor Plan; and
WHEREAS, the City is concerned that commercial solar energy facilities may have adverse effects on City residents. Absent this interim urgency ordinance, incompatible commercial solar energy facilities may be established that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and developed Colorado River Corridor Plan; and
WHEREAS, the Development Services Department requires time to study and assess various approaches to regulating the scale, design, and location of commercial solar energy facilities to ensure they are compatible with residential and surrounding land uses, and to present its recommendations to the City Council; and WHEREAS, there is a current and immediate threat to the public health, safety, and welfare if new commercial solar energy facilities are established, and the approval of any permits or entitlements for such facilities would result in that threat to the public health, safety, and welfare; and
WHEREAS, the City Council desires to extend the moratorium for a period of one year, or until the City Council adopts an ordinance regulating commercial solar energy facilities, whichever occurs first; and
WHEREAS, on October 8, 2024, the City Council conducted a duly noticed public hearing on the adoption of this ordinance extending the moratorium on the establishment of new commercial solar energy facilities.

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.

Urgency Ordinance No. 933-24-U

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SECTION 2. Moratorium. In order to protect the public health, safety, and welfare of the community and pursuant to the provisions of California Government Code section 65858, no new commercial solar energy facility shall be established. The City shall not issue any permits or entitlements inconsistent with this ordinance while this moratorium and any extension thereof is in effect. Nevertheless, as required by State law, the City may continue to accept and process applications for development prohibited by this moratorium. Any application shall be processed at the applicant's sole cost and risk with the understanding that no new commercial solar energy facilities shall be established while this moratorium and any extension thereof is in effect. This ordinance shall apply to all applications for commercial solar energy facilities, including any application that has been filed, even if complete, prior to the effective date of this ordinance.

SECTION 3. Urgency Measure. This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of California Government Code section 65858. As set forth in the findings above, this ordinance is necessary for preserving the public health, safety, and welfare of the community.

Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance shall take effect immediately.

SECTION 4. Extension; Expiration. The moratorium on the establishment of new commercial solar energy facilities is hereby extended for an additional one year, such that the moratorium will now expire on October 9, 2025, or until the City Council adopts an ordinance regulating commercial solar energy facilities, whichever occurs first.

Thereafter, the moratorium will be of no further force and effect.

SECTION 5. Environmental Compliance. The City Council finds that, regarding the California Environmental Quality Act (CEQA), this ordinance is exempt from CEQA because there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guidelines section 15061(b)(3)).

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

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED AND ADOPTED this 8th day of October, 2024, by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph DeConinck
Mayor
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
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NEW BUSINESS
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ORIAY FITY SUKR

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Committee Appointments
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended the Mayor appoint a member of the City Council to serve on the Palo Verde College Advisory Committee.

FISCAL IMPACT: None.

BACKGROUND: In September, Palo Verde College staff asked who from the Council would represent the City on the College's Advisory Board. Former Councilman Dale Reynolds had previously served as the representative, although City staff cannot find documentation on when /how that appointment was made. It is not on the list of committee appointments made each year/term by the Mayor.

STAFF REPORT: The Palo Verde College Advisory Committee meets twice a year. The current meeting schedule includes meetings on November 14, 2024 and May 8, 2025. I believe the meetings are held during lunchtime.

It is recommended that the Mayor appoint a member of the City Council to serve on the Palo Verde College Advisory Committee.

ATTACHMENTS:
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: October 8, 2024
SUBJECT: Request to Waive Temporary Use Permit Fee for Calvary Chapel's Community Trunk or Treat Event and Community Center Rental Fees for The Rec-N-Crew's Homecoming Event
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council waive the Temporary Use Permit (TUP) Fee of $262.00 for Calvary Chapel to hold a Trunk-or-Treat Community Event at 155 and 175 N. Spring Street and Community Center Rentals fees excluding the $150 Deposit and $100 labor fee for the Rec-N-Crew to host their annual Homecoming event at Todd Park.

FISCAL IMPACT: Loss of revenue in the amount of $762.00.

BACKGROUND: Calvary Chapel is hosting a Trunk-or-Treat event at 155 and 175 N. Spring Street, the site of the former Sears and Ashley Home Store on Thursday, October 31, 2024. The event is free and open to the public. The Church is inviting local business to participate in the event, pass out business information and candy or host a game for participants. No sales are permitted during the event. As the event is not on the Church's property, a TUP is required for the event.

For many years the Rec-N-Crew has hosted a fundraiser during Homecoming in front of the Community Center in Todd Park. The Community Center is used for the restroom facilities and to store equipment overnight.

STAFF REPORT: As the Calvary Chapel event is community based, free and open to the community, it is recommended the Council waive the TUP fee of $262.00 for the event. They have supplied the required information, including property owner permission for staff to issue the TUP for the event.

The Rec-N-Crew was formed to support the Joe Wine Blythe Recreation Center. As the Homecoming event is one of their annual fundraisers, it is requested Council waive the $500 rental fee for their use of the Community Center on October 18, 2024. The Rec-N-Crew has paid the $100 labor fee and the refundable $150 deposit for their use of the facility. As the labor fee is a direct cost to the City, Council has not previously waived the labor fee. The deposit will be returned to the Rec-N-Crew after the event.

ATTACHMENTS: None
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REPORTS
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PUBLIC

COMMENT
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ADJOURN
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