151
The purpose of this chapter is to implement the provisions of California Government Code sSection 65660 et seq. relating to low barrier navigation centers.
17.63F.020 - Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in California Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
"Low barrier" means best practices to reduce barriers to entry, and may include. but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
2. Pets:
3. The storage of possessions: or
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
17.63F.030 - Requirements.
A low barrier navigation center shall be ministerially approved by the director if it meets the following requirements:
A. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
C. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.
D. It has a system for entering information regarding client stays. client demographics. client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Attachment 2
17.63F.040 - Application procedures.
A. An application shall be submitted to the planning division of the development services department.
B. The city shall notify the applicant within thirty days of receipt of an application whether the application is complete and if not, shall provide the applicant with a complete list of items that were not complete.
C. The city shall act within sixty days of receipt of a completed application.
Chapter 17.63G - SUPPORTIVE HOUSING FOR HOMELESS
17.63G.010 - Purpose.
A. The purpose of this chapter is to implement the provisions of California Government Code Section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code Section 5067.14.
B. The provisions of this chapter take precedence over any section of the zoning code to the contrary.
17.63G.020 - Definitions.
For purposes of this chapter, the following definitions apply:
"Administrative office space" means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development authorized pursuant to this title and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.
"Lower income Households" means the same as defined in Section 50079.5 of the California Health and Safety Code.
"Supportive housing - homeless" means housing with no limit on length of stay. that is occupied by the target population. and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status. and maximizing their ability to live and. when possible, work in the community. Supportive housing includes nonresidential uses and administrative offices as limited by this chapter and specifically includes transitional housing for youth and young adults.
Attachment 2
151
"Supportive Services" includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Target pRopulation" means persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.
17.63G.030 - Requirements.
A. This chapter shall only apply to a supportive housing development of no more than 50 units that meets the requirements of this chapter.
B. Units within the development are subject to a recorded affordability restriction for fifty-five years. The city shall record an affordability restriction against the property which restricts the units to lower income households for a period of fifty-five years.
The applicant shall be required to sign all necessary documents.
C. One hundred percent of the units, excluding the manager units), within the development are dedicated to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Rents shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
D. At least twenty-five percent of the units in the development or twelve units. whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding manager units), in the development shall be restricted to residents in supportive housing.
A.E. Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts:
1. For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.
2. For a development with more than twenty units, at least three percent of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to. community rooms. case management offices, computer rooms, and community kitchens.
3. The total floor area dedicated to administrative office space shall not exceed twenty-five percent of total floor area.
Attachment 2
15!
E. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in California Government Code section 65915(c)(3).
G. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
H. The development shall be required to comply with the objective development standards and policies that apply to other multifamily developments within the same zone.
17.63G.040 - Application/processing.
A. The standard application for the housing development project shall be supplemented with the following information:
1. The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided on site to the residents in the project:
2. The name of the proposed entity or entities that will provide supportive services:
3. The proposed funding source(s) for the provided on-site supportive services;
4. Proposed staffing levels by shift:
5. The number of units that are restricted to residents who meet criteria of the target population;
6. The amount of nonresidential floor area that shall be used for on- site supportive services:
7. An identification of the number of manager units that will be provided; and
8. An identification of the number of rental dwelling units on site, or units that have been vacated in the five-year period preceding the application, which are subiect to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of lower or very low income: subject to any other form of rent or price control through a public entity's valid exercise of its police power. or occupied by lower or very low income households.
B. An application shall be reviewed for completeness within 30 days of receipt. The application shall be acted on within 60 days after the application is complete for a project with 50 or fewer units.
Attachment 2
161
C. The application for a supportive housing project that complies with all applicable requirements including the requirement for replacement housing, shall be ministerially approved by the Planning Director.
17.6G3.050 - Parking requirements.
The following parking requirements shall apply:
A. Parking shall be required at the rate of one space per unit. However, no minimum parking requirement apply for the units
by supportive housing residents if the development is within one-half mile of a public transit stop.
B. A minimum of one parking space shall be provided for each manager units).
A.C. Parking at the rate of one space for every employee on the largest shift.
Attachment 2
16 NEW BUSINESS
16:
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
CAN SHED TEL STAFF REPORT
MEETING DATE: February 11, 2025
SUBJECT: Ordinance Establishing a Prohibition Against Camping and Storage of Personal Property upon Streets, Sidewalks and Public Places PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. 936- 25:
ORDINANCE NO. 936-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF BLYTHE MUNICIPAL CODE of the CEQA Guidelines. In addition, the adoption and implementation of the Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for the Protection of the Natural Resources) and Section 15321 (Enforcement Actions by Regulatory Agencies).
FISCAL IMPACT: None.
BACKGROUND: In June 2024, the United States Supreme Court issued its decision in City of Grants Pass v. Johnson (603 U.S. 520). Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property. The Supreme Court's decision also overturned Martin v. Boise, a 2018 decision by the Ninth Circuit Court of Appeals that held that the Eight Amendment's Cruel and Unusual Punishments Clause bars cities from enforcing public camping ordinances whenever the number of homeless people in a jurisdiction exceeds the number of "practically available" shelter beds.
In July 2024, Governor Newsom issued Executive Order N-1-24. The Executive Order directs that agencies and departments subject to the Governor's authority shall adopt policies generally consistent with the California Department of Transportation's Maintenance Policy Directive 1001- Specific to local governments, the Executive Order encourages, but does not require, local governments to adopt policies consistent with the Executive Order and to use available resources and infrastructure to take action to humanely remove encampments from public spaces. 16 Following the Supreme Court's decision in Grants Pass, staff began researching and working on an ordinance to prohibit camping and the storage of property in public places. In November 2024, Councilman Halby asked staff how the City planned to address camping in public places and on public property after the Supreme Court's decision. Staff continued working on an ordinance to present to the Council for its consideration.
STAFF REPORT: The City has implemented several actions to address Quality of Life issues in the City, which include homelessness. For several years, funding has been allocated for a Sergeant assigned to work with the County of Riverside to provide homeless outreach. This team assists the homeless population by providing a connection to services and/or treatment necessary to get them off the streets and into housing. This can include assisting with obtaining ID or Social Security cards, transportation and referrals to mental health, and assistance with substance abuse treatment.
Through grants and donations, the City has funding to assist travelers who have become stranded in Blythe from becoming homeless. This includes bus tickets home or to connect with a family member. Funds can also be used to purchase gas or tires to help stranded individuals reach their intended destination.
Although this program has been very successful, the City needs many tools to address the ongoing homelessness crisis in the State of California. This includes ensuring the health, safety and welfare of all residents, businesses and visitors.
The proposed Ordinance, as drafted:
• Prohibits camping and the storage of personal property on public property. This includes public parks, sidewalks, and other publicly owned or controlled property within the City. "Camp" or "camping" is defined as to pitch or erect or occupy facilities and/or to use camp paraphernalia for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, not associated with ordinary recreational use of public property.
This includes sleeping, storing personal property, making a fire outside of a designated fire pit or cooking meals.
• Prohibits sleeping on any public sidewalk, street, alleyway, median, parkway, right-of- way, or in any pedestrian or vehicular entrance to public or private property abutting a sidewalk.
• Prohibits building or erecting structures along the banks of waterways and outlines other prohibitions aimed at protecting public waterways.
• Prohibits storing personal property on any public property, except as approved in writing by the City Manager or the Public Works Director.
• Provides for the notice, removal, storage and disposal of personal property left or stored in public places.
The express purpose and intent of the proposed Ordinance is to maintain the City's public places and areas owned and maintained by the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City.
The use of these public areas for camping purposes and/or storage of private property interferes with the rights of others to use and enjoy these public spaces and can constitute a public health and safety hazard. The Ordinance will be another tool the City may use to address the health and safety issues impacting the quality of life of our residents and businesses.
Therefore, it is recommended that the Council introduce Ordinance No. 936-25.
ATTACHMENTS:
Ordinance No. 936-25
16:
ORDINANCE NO. 936-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32
(CAMPING AND STORAGE OF PERSONAL PROPERTY
ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12
(STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
BLYTHE MUNICIPAL CODE
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, the City of Blythe ("City"), pursuant to its police power, may adopt regulations to protect the health, safety, and welfare of the public; and WHEREAS, the City is committed to ensuring the health, safety, and general welfare of all of its residents, businesses, and visitors; and WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep public areas clean and available for public use and to ensure access by the public to all property, both public and private, by people with disabilities, the elderly, families, children, and visitors to the City; and WHEREAS, in June 2024, the United States Supreme Court issued its decision in City of Grants Pass v. Johnson (603 U.S. 520). Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property; and
WHEREAS, the City is concerned that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights-of-way to sit, sleep, and lie down; and
WHEREAS, public spaces, including public rights-of-way, are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; and
WHEREAS, the City Council of the City of Blythe finds that there is a need to adopt a prohibition against camping and the storage of personal property on public property to protect the health, safety, and welfare of the public, provide constitutional safeguards, and enable effective and timely enforcement of the prohibition against camping and related activity on public property; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
Ordinance No. 936-25
16 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:
and concution set Recitals in the read or is raine are a ri SECTION 2. Amendment to Title 12. Title 12 (Streets, Sidewalks and Public Places) of the Blythe Municipal Code is hereby amended to add a new Chapter 12.32 to read as follows:
Chapter 12.32 - CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC
PROPERTY PROHIBITED
12.32.010 - Purpose.
The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, and other publicly owned or controlled property within the city should be readily accessible and available to residents, businesses, and the public at large for their intended purposes. The use of these public areas for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this chapter is to maintain these public areas within the city in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property.
12.32.020 - 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. "Abandoned personal property" means personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence or location causes any reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto.
B. "Attended" means a person is present with the personal property and the person claims ownership over the personal property.
C. "Camp" or "camping" means to pitch, erect or occupy camp facilities and/or to use camp paraphernalia for the purpose of, or in a way that facilitates outdoor sheltering for, living accommodation purposes, as evidenced by: (a) remaining for Ordinance No. 936-25
16'
prolonged or repetitious periods of time, not associated with ordinary recreational use of the public property, with one's personal property; and (b) engaging in one or more of the following activities: sleeping, storing personal property, making a fire outside of a designated fire pit, or cooking meals. The combined activities of (a) and (b) herein constitute camping when it reasonably appears in light of all of the circumstances that a person is using the public property as a living accommodation.
D. "Camp facility" or "camp facilities" means any, or any combination of, the following:
tent, hut, or other temporary structure or shelter, cot, bed, or hammock.
E. "Camp paraphernalia" means items that facilitate living outside including items that are used for: sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as movable chairs; and lighting, such as headlamps, flashlights, or lanterns.
F. "City" means the City of Blythe.
G. "Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
H. "Open space" means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
I. "Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
J. "Personal property" means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, and household items.
K. "Public property" means and includes the public right-of-way, and any property that is owned, controlled, managed, or maintained by the city or by any other government agency or district or by a public or private utility. Public property includes, but is not limited to, any street, alley, sidewalk, right-of-way, parkway, park, building, grounds, lot, parcel, plaza, parking lot, open space, waterway, and bank of a waterway.
Ordinance No. 936-25
16 L. "Sidewalk" means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street.
M. "Store or "storing" means to put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location; which does not include any personal property that clearly has been abandoned or discarded and which clearly has no value.
. "Tent" means any tarp, hut, cover, enclosure, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, hut, cover, enclosure, structure or shelter.
O. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property.
P. "Waterway" means any river, riverbed, arroyo, creek, canal, or channel in the city, including, but not limited to, the Colorado River.
12.32.030 - Camping on public property prohibited.
A. It is unlawful for any person to camp, maintain and/or occupy camp facilities, and/or use camp paraphernalia in or upon any public property, except on any public property designated by the city for such purposes. The city council may, by resolution or ordinance, designate one or more specified areas of public property for such purposes.
B. No person may sleep on any public sidewalk, street, alleyway, median, parkway or right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, at any time.
12.32.040 - Protection of waterways.
A. It is unlawful for any person to do any of the following:
1. build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
2. move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
3. discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.
Ordinance No. 936-25
16 B. Nothing in this section is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority.
12.32.050 - Storage of personal property on public property prohibited.
A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property, except as approved in writing by the city manager or the public works director. Personal property stored on public property in violation of this section may be impounded pursuant to the provisions of this chapter.
B. Any personal property left in any city park at the time the park is closed to the public, whether or not the personal property is unattended, shall be immediately impounded in accordance with the provisions of this chapter.
12.32.060 - Procedures for removal of personal property.
The city manager, police chief, or their designees may remove personal property, camping paraphernalia, camping facilities, and all other property, contraband, litter, and waste found at an encampment, at a location where a person is engaged in unlawful camping, or at a location where personal property is stored on public property in violation of this chapter in accordance with the procedures set forth below.
A. Pre-removal notice. Prior to removing the property, written notice that the property is subject to removal shall be provided to the person who is storing or claiming ownership of the personal property or shall be posted conspicuously on or near the personal property. The written notice shall be provided at least seventy-two hours prior to removal of the personal property.
B. Post-removal notice. If the personal property is not removed within seventy-two hours following the written notice, the city manager, police chief, or their designees may remove the personal property on the date specified in the written notice or any date thereafter. Upon removal of stored personal property, written notice of the removal shall be posted in the area from which the personal property was removed.
C. Exceptions. Notwithstanding the foregoing provisions, the city may remove and immediately impound personal property, attended or unattended, without pre- removal notice, in the following circumstances:
Ordinance No. 936-25
171
1. If personal property is stored on public property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act.
2. If personal property is stored on public property within ten feet of any operational and usable entrance, exit, driveway, or loading dock.
3. If personal property is stored on or within ten feet of public property that has a clearly posted closure time after the posted closure time.
4. If the personal property is obstructing city operations.
5. If the personal property poses an immediate threat to the health or safety of the public.
If the city removes personal property pursuant to this subsection, the city shall provide post-removal notice in accordance with subsection B of this section.
12.32.070 - Storage and disposal of impounded personal property.
A. Except as otherwise specified in this chapter, the city shall move impounded personal property to a safe place of storage.
B. The city shall deposit found money with the finance director for a period of ninety days, unless sooner claimed by the true owner.
C. Except as otherwise specified in this chapter, the city shall store impounded personal property for ninety days, after which time, if not claimed, it may be disposed of in accordance with this chapter.
D. Notwithstanding any provisions of this chapter to the contrary, the city may immediately dispose of the following categories of personal property, without notice:
1. Hazardous items, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold.
2. Items likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud.
3. Perishable items.
4. Contraband or stolen items.
5. Items that constitute an immediate threat to the public health or safety.
Ordinance No. 936-25
17 E. The city shall maintain a record of the date any impounded personal property was disposed of and the manner of disposal.
12.32.080 - Removal and disposal of abandoned personal property.
Enforcement personnel may remove and immediately dispose of any abandoned personal property located on public property without complying with requirements of this chapter relating to pre-removal notice, post-removal notice, storage, and disposition of personal property.
12.32.090 - True owner may claim personal property.
During the time that any impounded personal property is held by the city, it may be delivered or paid to the true owner as follows:
A. The owner of impounded property may claim the personal property prior to its disposal upon submitting satisfactory proof of ownership to the chief of police. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from public property and providing a reasonably specific and detailed description of the personal property.
B. If the personal property consists of money, the finance director shall pay the money to the true owner upon written notice from the chief of police. The chief of police shall provide such notice upon receipt of satisfactory proof of ownership as detailed in subsection A of this section.
C. If ownership cannot be determined to the satisfaction of the chief of police, or if multiple individuals have asserted a claim of ownership to the personal property, the chief of police may refuse to deliver the personal property or provide written notice to the finance director regarding payment of money to anyone until ordered to do so by a court of competent jurisdiction.
D. The city may charge the true owner a fee as established by resolution of the city council to defray the costs of storage and care of the personal property prior to returning the personal property to the owner.
12.32.100 - Procedures for unclaimed personal property.
A. In accordance with California Civil Code section 2080.3, if the reported value of the personal property is two hundred fifty dollars or more, and the owner does not appear and prove his or her ownership of the personal property within ninety days, the chief of police shall cause notice of the personal property to be published once in a newspaper of general circulation. If, after seven days following the publication of the notice, no owner appears and proves his or her ownership of the personal property and the person who found or saved the personal property pays the cost Ordinance No. 936-25
17:
of publication, title to the personal property shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, in which case the personal property shall be sold at auction as provided in Section 12.32.120. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city.
B. In accordance with California Civil Code section 2080.3, if the reported value of the personal property is less than two hundred fifty dollars and no owner appears to prove his or her ownership of the personal property within ninety days, the title of the personal property shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, in which case the personal property shall be sold at auction as provided in Section 12.32.120. Notwithstanding the foregoing, if the city manager determines that the personal property has no commercial value, the city manager may authorize the disposal of such personal property in such a manner as the city manager deems appropriate.
C. The finder of the personal property shall have seven days following notice from the city that title to the personal property has vested in him or her to claim the personal property, after which it may be appropriated to city use, sold at public auction, or deposited in the general fund as provided herein.
D. This section is intended to comply with the requirements of California Civil Code section 2080.3. In the event of any inconsistency between the requirements of California Civil Code section 2080.3 and this section, the requirements of California Civil Code section 2080.3 shall control.
12.32.110 - Disposition of unclaimed personal property.
A. If personal property is not claimed by the true owner within ninety days, and not claimed by the finder within seven days following notice from the city regarding title vesting in the finder, the city may appropriate the personal property to the use of the city upon a written finding from the city manager that the personal property is needed for a public use, or the city may sell the personal property at a public auction to the highest bidder.
B. All money not delivered to the true owner or finder during the time periods set forth in this chapter shall be deposited into the general fund.
12.32.120 - Auction for sale of unclaimed personal property.
A. Notice of sale at auction of unclaimed personal property shall be given by the city clerk at the request of the chief of police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation.
Ordinance No. 936-25
17:
B. An auction for the sale of unclaimed personal property shall be conducted in accordance with California Civil Code sections 2080.3 and 2080.4 and city policy.
C. The proceeds from any auction for unclaimed personal property shall be delivered to the finance director for deposit in the general fund.
12.32.130 - Disposal of unsalable and unusable personal property.
Any unclaimed personal property advertised and offered for sale at auction but not sold and not suitable for appropriation to the use of the city shall be deemed of no value and may be disposed of in such a manner as the city manager deems appropriate.
12.32.140 - Violations and enforcement.
A. Sections 12.32.030, 12.32.040 and 12.32.050 are the mandatory requirements of this chapter and a violation thereof is a misdemeanor which is enforceable pursuant to chapter 1-24 of this code.
B. The remedies provided for the enforcement of this chapter are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive.
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. In addition, the adoption and implementation of the Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for the Protection of the Natural Resources) and Section 15321 (Enforcement Actions by Regulatory Agencies).
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.
Ordinance No. 936-25
17. 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
Ordinance No. 936-25
17:
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: February 11, 2025
SUBJECT: Agreements for Annual Inspections and Maintenance of WTP and WWTP PV Solar Sites
PRESENTED BY: Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: It is recommended that the City Council:
1. Make a determination that compliance with bidding requirements for the procurement of annual inspection and maintenance services for the solar sites at the Water Treatment Plant (WTP) and Wastewater Treatment Plant (WWTP) would not be in the best interest of the City pursuant to Section 2.65.070(I) of the Blythe Municipal Code (BMC).
2. Authorize the Interim City Manager to enter and execute agreement(s) with M.B. Herzog Electric, Inc. for annual inspection and maintenance services for the WTP and WWTP for a term of 5 years, a maximum cost of $77,350 for the WTP system and $77,350 for the WWTP system, once approved by the City Attorney. The maximum cost for both systems over the 5-year term is $154,700.
FISCAL IMPACT: Maximum contract of $154,700 for a term of 5 years, $77,350 for the WTP and $77,350 for the WWTP.
BACKGROUND: On November 10, 2015, the City Council adopted Resolution 2015-032 approving and finding it in the best interest of the City to enter into an energy service agreement with Climatec LLC and SunPower Corporation for the implementation of certain energy-related improvements to City facilities. The City entered into agreements with both parties on November 20, 2015.
The agreements included an agreement for the installation of photovoltaic (PV) solar systems at the WTP and WWTP by SunPower Corporation and an agreement for operations and maintenance for both systems effective on commissioning date of the two systems for a term of 25 years. Installation was completed by the contractor and both systems were commissioned in February of 2017.
In July 2022, the City received notice that SunPower Corporation entered into a purchase agreement with TotalEnergies Distributed Generation USA, LLC ("TotalEnergies"). Under the agreement, TotalEnergies acquired all assets and liabilities relating to the business effective May 31, 2022. This included the PV solar operations and maintenance agreement between the City and SunPower Corporation. In October 2023, TotalEnergies provided the City a notice of termination of the operations and maintenance agreement effective January 4, 2024. The last documented visit by TotalEnergies to either of the systems for maintenance under the agreement was October 9, 2023. The visit documented multiple issues with the system at the WTP. The issues were not corrected during the visit, nor did TotalEnergies return later to correct the issues. 17(
The issues identified are causing the system to underperform and in return impacting the City's energy savings anticipated by the project.
STAFF REPORT: In response to TotalEnergies' termination of the agreement, staff worked closely with Climatec LLC to identify an independent contractor that had the specialized expertise necessary to inspect and assess the PV solar system at the WTP. On May 10, 2024, the City entered contract with M.B. Herzog Electric, Inc. ("Herzog"), to perform a PV solar system inspection, assessment, and repair cost estimate of the system at the WTP.
On June 27, 2024, Herzog visited the site to inspect, assess and document the status of the system. Multiple issues were identified including faulty inverters and faulty tracking of the panels. Both issues have a direct link to the system underperforming. Although not a part of Herzog's scope of work, Herzog identified some easy fixes and performed those fixes. The City is currently negotiating an agreement with Herzog to fix all issues identified in Herzog's report, to bring the system at the WTP back to ideal performance.
Since TotalEnergies terminated the agreement, neither system has been maintained. To prevent future faults of both systems and to keep both systems performing ideally to reach optimal energy efficiency and savings as projected in the original energy service agreement, staff believes it is in the City's best interest to contract immediately with Herzog for annual inspection and maintenance of both the WTP and WWTP PV solar systems and forego the formal bidding requirements as authorized by Section 2.65.070(I) of the BMC. Section 2.65.070(I) of the BMC provides an exemption from competitive bidding requirements "When the City Council determines, by minute action or resolution, that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions set forth on the record." Staff believes foregoing competitive bidding requirements is in the best interest of the City based on Herzog's current knowledge of both systems, expertise in PV solar, and cost, which is lower than the amount that would have been paid to SunPower Corporation, and to prevent delays in energy bill savings.
If approved the agreements) with Herzog will be for a term of 5 years, with a cost of $77,350 for the WTP system and $77,350 for the WWTP system over that period. The maximum cost for both systems is $154,700. The City currently budgets for this service based on the original energy service agreement with SunPower Corporation. Herzog's maximum cost for both systems is approximately a 7.5% reduction in cost to the City at that end of the 5 years compared to the original agreement with SunPower Corporation.
ATTACHMENTS:
A. Herzog Preventative Maintenance Proposal for PV Solar System at the Water Treatment Plant #13159
B. Herzog Preventative Maintenance Proposal for PV Solar System at the Wastewater Treatment Plant #13354
177
ATTACHMENT A
15709 Illinois Avenue,
..HERZOG Paramount, CA 90723
ELECTRIC (562) 531.2002
herzogelectric.com
Bid Proposal
To: Christa Elms [email protected]
Company: City of Blythe
Phone No.: (760) 922-6161 ext 1230
Project Title: City of Blythe WTP PV O&M Proposal
George Garcia
Bid Date: 1/13/2025
Bid No.: 13159
Payment Terms: Net 30 Pricing valid for 30 days
SCOPE OF WORK:
• Perform annual PV site inspection and preventative maintenance at City of Blythe Water Treatment Plant (417.60kWDC) PV site.
Inclusions:
1. Herzog to provide once per year onsite service to perform PV inspection and PV preventative maintenance at site locations listed above. Service includes:
• Infrared scans of equipment
Equipment manufacturer recommended yearly maintenance
• Inverter manufacturer recommended yearly maintenance
• Cleaning interior and exterior of all PV electrical enclosures and monitoring equipment
• Documenting any PV structural issues, broken panels, and panel attachment • Documenting any inverters in fault
2. Herzog to provide IR scans, pictures, and comprehensive service report for each site.
3. Herzog to provide one (1) off site day to analyze inspection data of PV system and provide report.
4. Includes service trucks, drive time, and testing equipment. * All field work performed by NFPA-70E trained electricians with approved PPE.
Exclusions:
1. Any additional services needed to repair and/or replace any equipment related to the DAS or PV systems.
2. Off hours work.
3. Panel washing.
4. Vegetation removal.
17:
ATTACHMENT A
15709 Illinois Avenue,
~ HERZOG Paramount, CA 90723
(562) 531.2002
ELECTRIC
herzogelectric.com
Clarifications:
1. Work to be performed during normal working hours.
2. System owner to provide complete, unobstructed access to PV equipment during scheduled work.
4. This proposal is for one time visit per site, per year.
5. This contract is for performing and documenting preventative maintenance only. Herzog to document inverters in fault and request additional visit at T&M rates to troubleshoot any issues found while on site.
6. Any additional work to be approved by customer and performed on a T&M basis.
7. M.B Herzog Electric reserves the right to amend, withdraw or otherwise alter this submission without penalty or charge as a result of any event beyond its control arising from or due to the current Covid-19 epidemic or events subsequent to this epidemic/ pandemic including changes in laws, regulations, by laws or direction from a competent authority.
We are pleased to provide the following "firm fixed" prices for the work described above:
Site Price
City Of Blythe Water Treatment Plant
Year one $14,281.00
Year two $14,852.00
Year three $15,446.00
Year four $16,064.00
Year five $16,707.00
Total Contract for five years $77,350.00
17!
ATTACHMENT A
15709 Illinois Avenue,
*HERZOG Paramount, CA 90723
(562) 531.2002
ELECTRIC
herzogelectric.com
Respectfully submitted,
George Garcia
George Garcia
O&M Manager
Please sign below to agree to the terms & conditions of this proposal:
Print Name Title
Signature Date
181
ATTACHMENT B
15709 Illinois Avenue,
~ HERZOG Paramount, CA 90723
ELECTRIC (562) 531.2002
herzogelectric.com
Bid Proposal
To: Christa Elms [email protected]
Company: City of Blythe
Phone No.: (760) 922-6161 ext 1230
Project Title: City of Blythe WWTP PV O&M Proposal
George Garcia
Bid Date: 1/13/2025
Bid No.: 13354
Payment Terms: Net 30 Pricing valid for 30 days
SCOPE OF WORK:
• Perform annual PV site inspection and preventative maintenance at City of Blythe Waste Water Treatment Plant (417.60kWDC) PV site.
Inclusions:
1. Herzog to provide once per year onsite service to perform PV inspection and PV preventative maintenance at site locations listed above. Service includes:
• Infrared scans of equipment
Equipment manufacturer recommended yearly maintenance
• Inverter manufacturer recommended yearly maintenance
• Cleaning interior and exterior of all PV electrical enclosures and monitoring equipment
• Documenting any PV structural issues, broken panels, and panel attachment • Documenting any inverters in fault
2. Herzog to provide IR scans, pictures, and comprehensive service report for each site.
3. Herzog to provide one (1) off site day to analyze inspection data of PV system and provide report.
4. Includes service trucks, drive time, and testing equipment. * All field work performed by NFPA-70E trained electricians with approved PPE.
Exclusions:
1. Any additional services needed to repair and/or replace any equipment related to the DAS or PV systems.
2. Off hours work.
3. Panel washing.
4. Vegetation removal.
18 ATTACHMENT B
15709 Illinois Avenue,
I HERZOG Paramount, CA 90723
(562) 531.2002
ELECTRIC
herzogelectric.com
Clarifications:
1. Work to be performed during normal working hours.
2. System owner to provide complete, unobstructed access to PV equipment during scheduled work.
• This proposal is for one time visit per site, per year.
5. This contract is for performing and documenting preventative maintenance only. Herzog to document inverters in fault and request additional visit at T&M rates to troubleshoot any issues found while on site.
6. Any additional work to be approved by customer and performed on a T&M basis.
7. M.B Herzog Electric reserves the right to amend, withdraw or otherwise alter this submission without penalty or charge as a result of any event beyond its control arising from or due to the current Covid-19 epidemic or events subsequent to this epidemic/ pandemic including changes in laws, regulations, by laws or direction from a competent authority.
We are pleased to provide the following "firm fixed" prices for the work described above:
Site Price
City Of Blythe Waste Water Treatment
Plant
Year one $14,281.00
Year two $14,852.00
Year three $15,446.00
Year four $16,064.00
Year five $16,707.00
Total Contract for five years $77,350.00
18:
ATTACHMENT B
15709 Illinois Avenue,
NO HERZOG Paramount, CA 90723
(562) 531.2002
ELECTRIC
herzogelectric.com
Respectfully submitted,
George Garcia
George Garcia
O&M Manager
Please sign below to agree to the terms & conditions of this proposal:
Print Name Title
Signature Date
18:
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
STA RE
MEETING DATE: February 11, 2025
SUBJECT: Purchase of a 2024 Dodge Ram 3500 Brush Truck
PRESENTED BY: Ronnie Hasler, Fire Chief
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council:
1. Establish a budget in an amount not to exceed $125,000, $109,942.50 to purchase the vehicle and $15,057.50 in contingency.
2. Authorize the issuance of a purchase order in the amount of $109,942.50 to GTA Fleet Solutions, Inc. for purchase of the vehicle.
3. Authorize the issuance of purchase orders(s) for upfitting the vehicle within the approved budget.
4. Authorize the Interim City Manager to issue additional and/or make minor adjustments to purchasing contracts in an amount not to exceed $15,057.50 for any costs that may arise in taxes, equipping and taking delivery of the vehicle, excluding the base cost of the vehicle.
5. Allocate $125,000 from contingency funds approved and adopted in the FY 24/25 General Fund Budget for this purchase.
FISCAL IMPACT: $125,000 in General Fund Contingency. $150,000 in contingency was approved in the FY 2024/25 General Fund Budget.
BACKGROUND: The Fire Department is interested in the purchase of a quick response Brush Truck to respond to brush fires within the City and surrounding area. The larger engines are not as suited to enter and/or reach areas in which brush fires occur. The Fire Department has been in search of a smaller vehicle with a water tank to provide better access and support for fire fighters on the scene of a brush fire.
In addition to fighting brush fires, the brush truck could be used to respond to smaller calls for service such as trash can fires, alarm calls where no smoke or signs of fire are visible and fires on the side of the freeway or roadway. This would cut down on the need to roll an engine to every fire call, reducing wear and tear on the City's engine fleet as the City has done by using the Rescue Truck for medical aid calls.
STAFF REPORT: Fire Department Personnel located a 2024 Dodge Ram 3500 Bruch Truck equipped with a 350-gallon water tank from GTA Fleet Solutions, Inc. There is a significant price difference between the 2024 and 2025 models and is why the Fire Department would like to purchase a 2024 model now, while they are still available.
Fire Department personnel did not ask for funding for this vehicle to be allocated during budget preparation and the purchase was not included in the adopted FY 2024/25 Budget. However, the 18 General Fund budget included $150,000 in contingency. Contingency funds are there should the need of an unbudgeted purchase arise, with Council approval. GTA Will hold the vehicle for the City until after the February Council Meeting.
Therefore, it is recommended that the City Council authorize the purchase of the 2024 Dodge Ram 3500 Brush Truck by establishing a budget in an amount not to exceed $125,000, including $109,942.50 to purchase the vehicle and $15,057.50 in contingency, authorize the issuance of a purchase order in the amount of $109,942.50 to GTA Fleet Solutions, Inc. for purchase of the vehicle, authorize the issuance of purchase orders(s) for upfitting the vehicle within the approved budget, authorize the Interim City Manager to issue additional and/or make minor adjustments to purchasing contracts in an amount not to exceed $15,057.50 for any costs that may arise in taxes, equipping and taking delivery of the vehicle, excluding the base cost of the vehicle and allocate $125,000 from contingency funds approved and adopted in the FY 24/25 General Fund Budget for this purchase.
ATTACHMENTS:
Quote from GTA Fleet Solutions, Inc.
2. Photo of Quick Response Brush Truck
18 GTA FLEET SOLUTIONS INC. QUOTATION
60 Bullock Drive, Unit 6, Markham, ON, L3P3P2, Canada. (T) 647-886-4357 PURCHASER:
City of Blythe QUOTE NUMBER |25-0008
235 N. Broadway INVOICE DATE January 10, 2025
Blythe, California 92225 OUR ORDER NO. 25-0008
YOUR ORDER NO.
Phone: (760) 922-6161 TERMS
SALES REP Vid
SHIPPED TO: SHIPPED VIA TBA
West Herr Dodge PREPAID Or COLLE. Presa, on.
HST - Federal Tax ID 848268801RT0001
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
QUICK RESPONSE BRUSH 99,900.00 $99,900.00
EQUIPPED AS PER PRICE LEVEL PL241210
PLUS THE FOLLOWING ADDITIONAL ITEMS
1 TRADESMAN LEVEL 2 EQUIPMENT PACKAGE 2,850.00 2,850.00 1 350 GALLON TANK UPGRADE 450.00 450.00
1 20HP HONDA V TWIN PUMP UPGRADE 600.00 600.00
1 1500W DC TO AC INVERTER PACKAGE 1,950.00 1,950.00
12K WINCH UPGRADE 525.00 525.00
HYPERTECH WHEEL & SPEEDOMETER PROGRAMMER 395.00 395.00
1 DELIVERY TO BLYTHE CALIFORNIA 2,870.00 2,870.00
1 CUSTOMS FEES 295.00 295.00
1 FUEL & TOLL CHARGES 70.00 70.00
1 TITLE AND 10 DAY TEMP PERMIT FEE 37.50 37.50
Terms: Any balance that remains unpaid beyond 30 days shall incure interest SUBTOTAL 109,942.50 of 2% per month. Funds must be in form of a Bank Draft, Certified Cheque or TAX EXPORT SALE Electronic Transfer ("wire"). Please contact us for additional information. ADDITIONAL N/A $109,942.50
Delivery Date / Time: PAY THIS
TBA AMOUNT
Special Instructions For Delivery Staff:
NGTA FLEET
18 Oak Shores Volunteer Fire & Medical Brigade
анот
TORTES TIRT
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
CHARLEHEN STAFF REPORT
MEETING DATE: February 11, 2025
SUBJECT: Resolution No. 2025-001 to Make the Required Certification for an Thomas Eches a Retired Anianand Ahe Postion op iastewatef Treatment Plant Supervisor
PRESENTED BY: Mirasol Elegores, Public Works Director
PREPARED BY: Mallory Crecelius, Interim City Manager
Brittany Roberto, City Attorney
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2025- 001 to appoint Thomas Ecret as an extra help retired annuitant in the position of Wastewater Treatment Plant Supervisor:
RESOLUTION NO. 2025-001. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING THE REQUIRED CERTIFICATION FOR AN EXCEPTION TO THE 180-DAY
WAIT PERIOD AND APPROVING THE APPOINTMENT OF THOMAS ECRET AS A RETIRED ANNUITANT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND FISCAL IMPACT: Up to $23,216.96 over the next 12 months based on an hourly rate of $55.81 per hour. Funding is available from salary savings from the vacant Wastewater Treatment Plant Supervisor position due to the retirement of Mr. Ecret in January.
BACKGROUND: The City's Wastewater Treatment Plant is a Class III Facility, and the treatment process is Activated Sludge. On average, the Wastewater Treatment Plant treats 1.3 million gallons of sewage collected in the City's sewer collection system per day. The treatment system consists of a bar screen, pump station, mixing vault and two activated sludge basins, two secondary clarifiers, an aerobic digester with twelve percolation-evaporation ponds and six drying beds. The Wastewater Treatment Plant is typically operated by staff consisting of the Wastewater Treatment Plant Supervisor with a Grade III Wastewater Certification and three full- time employees with Grade II and Grade I Wastewater Certifications issued by the State of California. To operate the Wastewater Treatment Plant, the State of California requires an operator with a Grade III Wastewater Certification from the State.
The City's longtime Wastewater Treatment Plant Supervisor, Thomas Ecret, retired from the City of Blythe effective January 23, 2025. As the former Wastewater Treatment Plant Supervisor, Mr. Ecret has a Grade III Wastewater Certification from the State. The City does not currently have any other employees that have the required Grade III Wastewater Certification.
As such, Mr. Ecret's services are necessary due to the critical need for the continued operation of the City's Wastewater Treatment Plant until the City fills the Wastewater Treatment Plant Supervisor position on a permanent basis.
181
STAFF REPORT: Pursuant to Section 7522.56(b) of the California Government Code, "[a] retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section." Section 7522.56(c) of the California Government Code provides the following exception: "[a] person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration." Pursuant to Section 7522.56(f)(1) of the California Government Code, "A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless...[t]he employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar."
Pursuant to California Government Code section 21224(a), "[a] retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the appointing power of a state agency or public agency employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration." As outlined above, Mr. Ecret's appointment as an extra help retired annuitant is necessary to fill the critically needed position of Wastewater Treatment Plant Supervisor, with the required Class III Wastewater Certification from the State, to ensure the continued operation of the Wastewater Treatment Plant.
This appointment is limited to 960 hours per fiscal year. Mr. Ecret will be paid a rate of $55.81 per hour. Over the next 12 months, the City will work to fill, on a permanent basis, the Wastewater Treatment Plant Supervisor position with someone qualified and with the license necessary to operate the Plant.
Therefore, staff recommends Council adopt Resolution No. 2025-001, appointing Thomas Ecret to provide extra help to the City of Blythe for approximately one day per week.
ATTACHMENTS:
1. Resolution No. 2025-001
2. Offer Letter
18:
RESOLUTION NO. 2025-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, MAKING THE REQUIRED
CERTIFICATION FOR AN EXCEPTION TO THE 180-DAY
WAIT PERIOD AND APPROVING THE APPOINTMENT OF
THOMAS ECRET AS A RETIRED ANNUITANT IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, in compliance with California Government Code section 7522.56, the City Council of the City of Blythe must provide the California Public Employees Retirement System (CalPERS) this certification resolution when hiring a retiree before 180 have passed since their retirement date; and
WHEREAS, Thomas Ecret retired from the City of Blythe in the position of Wastewater Treatment Plant Supervisor, effective January 24, 2025; and WHEREAS, California Government Code section 7522.56 requires that post- retirement employment commence no earlier than 180 days after the retirement date, which is July 24, 2025 without this certification resolution; and WHEREAS, Califomia Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement- related incentive; and
WHEREAS, the City Council, the City of Blythe and Thomas Ecret certify that Thomas Ecret has not and will not receive a Golden Handshake or any other retirement- related incentive; and
WHEREAS, the City Council hereby approves the appointment of Thomas Ecret as an extra help retired annuitant to perform the duties of Wastewater Treatment Plant Supervisor for the City of Blythe under California Government Code section 21224, effective February 14, 2025; and
WHEREAS, the form of the appointment document between Thomas Ecret and the City of Blythe is attached hereto as Exhibit A and has been reviewed and approved by the City Council; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on the consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CaPERS employers; and
Resolution No. 2025-001
191
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the monthly maximum base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $116,091.04 and the hourly equivalent is $55.81, and the minimum base salary for this position is $80, 156.18 and the hourly equivalent is $38.54; and
WHEREAS, the hourly rate paid to Thomas Ecret will be $55.81; and WHEREAS, Thomas Ecret has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby certifies the nature of the appointment of Thomas Ecret as described herein and detailed in the attached appointment document and that this appointment is necessary to fill the critically needed position of Wastewater Treatment Plant Supervisor for the City of Blythe by February 14, 2025 because the City needs an individual with a Class III Wastewater Certification from the State to ensure the continued operation of the Wastewater Treatment Plant.
SECTION 2. The City Council hereby approves the appointment and authorizes the Interim City Manager to appoint Thomas Ecret to provide services to the City of Blythe as a Wastewater Treatment Plant Supervisor, subject to the following terms: Thomas Ecret shall be limited to working no more than 960 hours per fiscal year; the City shall pay Thomas Ecret at a rate of $55.81 per hour; and Thomas Ecret shall not receive any compensation in addition to this hourly rate.
PASSED, APPROVED AND ADOPTED this 11th day of February, 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck, Mayor
ATTEST:
Mallory Crecelius, City Clerk
(SEAL)
Resolution No. 2025-001
19 EXHIBIT A
FORM OF APPOINTMENT DOCUMENT
19:
FORHIA'S FIRST
SUNRISE Thomas Ecret
Retired Annuitant Offer Letter
Blythe
CITY OF BLYTHE
235 North Broadway • Blythe, California 92225
BLISHED
Phone (760) 922-6161 • Fax (760) 922-4938
February 12, 2025
Thomas Ecret
[Address]
Blythe, CA 9225
Dear Mr. Ecret:
On behalf of the City of Blythe, I am happy to offer you a position as an extra help retired annuitant to perform the duties of Wastewater Treatment Plant Supervisor. To summarize our understanding, below are the details of our arrangement:
• Your appointment will be effective February 14, 2025. • Your position is "at-will" and you serve at the pleasure of the City Manager. • Your rate of pay is $55.81 per hour with no other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to this hourly pay rate. You will be paid bi-monthly.
• You will report to the Public Works Director. Your duties include, but are not limited to:
• Perform water and wastewater sample collection and laboratory testing. • Regulate required chemicals in the City's Wastewater Treatment Facility. • Meet with City Engineers, Federal, State, and County regulatory staff, prepare reports and monitor the operation of the Wastewater Treatment facility and monitor discharges from properties within the City and for property compliance with the State of California and EPA requirements.
• Perform other specific projects and duties as assigned by the Public Works Director or the City Manager.
• As a CalPERS retired annuitant, you are limited to working 960 hours in a fiscal year (July 1-June 30).
You are responsible for ensuring that you are in compliance with all CaPERS regulations.
Please feel free to contact me if you have any questions about the above.
Sincerely,
Mallory Crecelius
Interim City Manager
19 Thomas Ecret
Retired Annuitant Offer Letter
I have received, read, and agree to the contents of this offer letter. I understand that this position is at-will, that I may be terminated at any time and that I have no right of appeal.
Thomas Ecret Date
19 CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: February 11, 2025
SUBJECT: Participation with Riverside County Office of Economic Development in the Submittal of a USDA Rural Business Development Grant.
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 a Partnership Letter to participate with Riverside County Office of Economic Development in submitting a USDA Rural Business Development Grant. It is further recommended Council authorize the Interim City Manager to execute any and all grant documents and items necessary to administer the grant program and provide an in-kind contribution of staff time, salaries, benefits and wages for the program.
FISCAL IMPACT: In-kind funding including staff time, salaries, wages and fringe benefits to execute the grant program.
BACKGROUND: The Riverside County Office of Economic Development approached City staff about partnering in a grant opportunity through USDA's Rural Business Development Grant Program (RBDG). The County of Riverside is preparing the grant application and asked the City to provide a partnership letter and obtain letters of support for the grant from partner agencies and local businesses. If awarded, the funds would be used to provide local businesses with grants for façade improvements, to add or improve business signage, make ADA and to make sidewalk repairs at existing businesses. Funding could also be used for electrical and HVAC replacement or repair or other measures necessary to bring a vacant site up to code.
Riverside County asked the City to partner in the grant as most of the businesses in the area are within City limits. The City will assist with the identification of businesses/business owners, the application process and marketing the program.
The purpose of the grant is to help improve the City's built environment, which was one of the areas identified in the Kosmont Study commissioned by the County of Riverside in response to CDCR closing Chuckwalla Valley State Prison.
STAFF REPORT: If awarded, the implementation of the RBDG grant would be a vital step toward developing and renovating infrastructure, creating new job opportunities, and supporting small and emerging businesses. The grant would provide resources for economic growth and community development for residents in both the City and broader Palo Verde Valley.
Action item No. 4 of the Economic Development Overview prepared by Kosmont Companies is Improving the Built Environment by improving the streetscapes, aesthetics, pedestrian accessibility, business facades and public spaces to make the commercial and recreational areas of the region more appealing for businesses, shoppers and travelers. The items include 19:
rejuvenating commercial streets through code enforcement and nuisance abatement, collaborating with community groups to develop community-based ways to address the issues and investing in exiting streetscapes, building/façade improvements pedestrian access, public spaces and other amenities. The report outlined 9 key strategic action items necessary to spur growth and economic development. This grant could be the first step toward implementing these action items.
Therefore, it is recommended that Council authorize the Interim City Manager to execute a Partnership Letter to participate with Riverside County Office of Economic Development in submitting a USDA Rural Business Development Grant. It is further recommended Council authorize the Interim City Manager to execute any and all grant documents and items necessary to administer the grant program and provide an in-kind contribution of staff time, salaries, benefits and wages for the program.
ATTACHMENTS:
Draft Partnership Letter
19 Blythe CITY OF BLYTHE
235 North Broadway • Blythe, California 92225
Phone (760) 922-6161 • Fax (760) 922-4938
SIHRLISKED TH
February 12, 2025
Maria Gonzalez
2025 RBDG Project Director
Riverside County Office of Economic Development
3403 10th Street
Riverside, CA 92501
Re: Partnership Letter
Dear Maria Gonzalez,
The City of Blythe is dedicated to advancing the welfare and prosperity of the City of Blythe, ensuring that both its residents and the business community thrive. By uniting hundreds of businesses and professional firms, our city works as a central agency focused on improving economic conditions and enhancing quality of life. The implementation of the USDA's Rural Business Development Grant (RBDG) Program in our community will be a vital step toward developing and renovating infrastructure, creating new job opportunities, and supporting small and emerging businesses in the rural areas of Blythe. This proposed RBDG project will provide essential resources for economic growth and community development for residents in both the City of Blythe and the broader Palo Verde Valley region.
We are pleased to commit to participating in and supporting the USDA RBDG 2025 project, "Pathway to Progress: Revitalizing the Blythe Region with Sustainable Infrastructure, Strengthening Local Business, and Expanding Economic Opportunity," throughout the duration of the grant period. The following individuals will oversee the management and execution of the RBDG Grant Program:
Person 1: Mallory Crecelius, Interim City Manager. Mrs. Crecelius will assist the County of Riverside to oversee the management and execution of the RBDG Grant Program. This will include, but is not limited to establishing program goals, outcomes, application management, promoting the program and working with local businesses to ensure program success. The Interim City Manager will work closely with the County of Riverside, allocating the resources and time necessary to generate economic growth and community development opportunities in the City of Blythe through this program.
Person 2: Alicia Figueroa, Department Assistant III. Ms. Figueroa will assist the City and County with marketing the RBDG program, the application process and working with local small businesses owners, answering questions and providing program coaching.
In addition, the City of Blythe will provide a matching commitment of in-kind funding, which will include staff time, salaries, wages, and fringe benefits. This contribution will be essential to the successful execution of the project and help guarantee a prosperous business revitalization program.
19 Both individuals and the City of Blythe agree to fully comply with the USDA RBDG requirements and the plan outlined in the application.
We look forward to working together to achieve the objectives of this important project and to make a lasting impact on our community.
Sincerely,
Mallory Crecelius
Interim City Manager
City of Blythe
DRAFT
19 CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
WELTED TE STAFF REPORT
MEETING DATE: February 11, 2025
SUBJECT: Quechan Park Summer Pass
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council authorize staff to offer a Quechan Park Summer Pass for Day Use Parking with Boat Launch for $75.00. The pass would be valid for use between May 1s and October 31, 2025.
FISCAL IMPACT: This Summer Pass Special could bring in new revenue for Quechan Park.
BACKGROUND: The City owns and operates Quechan Park and Marina located at 250 S.
Colorado River Road. The City's adopted fee schedule includes fees for Day Use Parking with Boat Launch at $12 per day, Day Use Parking at $5 per day, Boat Launch with off-site parking at $5 per day and Annual Day Use with Boat Launch pass for $150. The annual pass is valid during the City's Fiscal Year, July 1s - June 30".
Currently, the park is operated on the honor payment system. From time to time the City has hired a part-time employee to man the payment booth. However, after payroll expense the City has collected more funds with the honor system. It is staff's intent to install a pay gate at the STAFF REPORT: As the peak season for Quechan Park occurs between May 1 and October 31% of each year, staff thought it could be beneficial to offer a pass that was valid during the summer months. It may be more feasible for residents to purchase a pass for the months they will frequently use the park vs. paying for a whole year's use. At $75, passholders would need to visit the park an average of once per month to break even. Assuming most local boat owners visit the river more than 6 times over the summer season, this pass would be a good deal for those who frequently use Quechan Park.
It is recommended Council authorize staff to offer a Summer Special Day Use with Boat Launch Pass valid from May 1, 2025, through October 31, 2025, for $75. Passes sold after May 1st would be sold at a pro-rated rate.
If the Summer Special is successful, staff will request, via Resolution, the Summer Pass be added to the City's adopted fee schedule.
ATTACHMENTS: None
19 REPORTS
20 PUBLIC
COMMENT
20 ADJOURN
20: