Minutes of the Blythe City Council Meeting
November 8, 2022
The November 8, 2022 meeting of the Blythe City Council was called to order at 6:00pm in the Council Chambers by Mayor Reynolds. Also in attendance were Vice Mayor DeConinck and Council Members Rodriguez, Halby and Burton. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Chief Building Official Brown, Fire Chief Hasler and Police Chief Dale.
The Pledge of Allegiance was led by Mayor Reynolds.
The Invocation was offered by Councilman Burton.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there is no reportable action.
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.
Councilman Halby moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.
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, November 4, 2022.
2. Approval of the Warrant Register.
Recommendation: Approve 11/08/2022, warrants numbered 10055 through 10078 and 75870 through 75936 in the amount of $406,607.24; 11/08/2022, warrants numbered 75937 through 75967 in the amount of $326,765.61 and 11/08/2022, Utility Billing Refund warrants numbered 75852 through 75869 in the amount of $2,314.51.
3. Approval of the Payroll Register.
Recommendation: Approve 11/08/2022, warrants numbered 53222 through 53240 and Direct Deposit warrants numbered 54248 through 54306 in the amount of $252,804.81; 11/08/2022, warrants numbered 53241 through 53260 and Direct Deposit warrants numbered 54307 through 54365 in the amount of $258,314.44; 11/08/2022, warrants numbered 53261 through 53266 and Direct Deposit warrants numbered 54366 through 54466 in the amount of $74,081.71; 11/08/2022, warrants numbered 53267 through 53287 and Direct Deposit warrants numbered 54467 through 54526 in the amount of $266,334.26 and 11/08/2022, warrants numbered 53288 through 53293 in the amount of $2,235.00.
4. Minutes of the October 11, 2022 City Council Meeting.
Recommendation: Approve the Minutes of the October 11, 2022 Meeting.
5. Minutes of the October 20, 2022 Special City Council Meeting.
Recommendation: Approve the Minutes of the October 20, 2022 Special Meeting.
6. City of Blythe Permits Issued for the Month of October 2022.
Recommendation: Receive and file this monthly report.
7. City of Blythe Fire Department Monthly Activity Report for October 2022.
Recommendation: Receive and file the monthly report.
8. City of Blythe Police Department Monthly Activity Report for October 2022.
Recommendation: Receive and file the monthly report.
9. Quality of Life Program Activity Report for October 2022.
Recommendation: Receive and file the monthly Report.
10. Assistant City Manager Promotion.
Recommendation: Approve the promotion of Mallory Crecelius to the position of Assistant City Manager, authorizing the City Attorney and Finance Director to take the steps necessary to memorialize the promotion, Authorize the Mayor to execute Amendment No. 1 to the Interim City Manager Employment Agreement and Adopt Resolution No. 2022-035.
RESOLUTION NO. 2022-035. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
AMENDING THE SALARY SCHEDULE FOR MANAGEMENT CLASSIFICATIONS Mayor Reynolds stated Government Code Section 5493C3 requires the City Council to orally report a summary of the recommendation for final action on the salaries, salary schedules and compensation paid in the form of fringe benefits of local agency executives in the open meeting in which the final action will be taken. The Interim City Manager is a local agency executive for whom an oral report is required. The amendment to the Interim City Manager Employment Agreement which is part of item 10 on the Consent Calendar provides that the Interim City Manager will receive the same employment benefits provided to the members of the Management Unit including longevity pay, medical, dental vision and life insurance, retirement benefits and paid time off, holidays, admin leave and sick leave. The amendment also provides the Interim City Manager will receive annual cost of living salary increases equal to 2.5% or the amount of the COLA provided to Management employees, whichever increase is greater.
No public comment. Councilman Rodriguez moved approval of the Consent Calendar. The motion was seconded by Vice Mayor DeConinck with a unanimous aye vote.
PUBLIC HEARING:
Categorical Exemption- Lester Fitness Center. Councilman Halby recused himself from the meeting due to a potential conflict of interest related to real property.
Interim City Manager Crecelius reported Dean Lester proposes development of a new 9,600 square-foot single-story gymnasium fitness center building on two vacant parcels totaling 0.37 acres located at 475 W. Hobsonway. Access to the site will be from one driveway on Hobsonway and one driveway in the alley on the northside of the project. A new sidewalk is proposed to be installed along Ash Street. The current zoning and General Plan designation is General Commercial which allows for the development of recreational/fitness facilities. The project is level with little vegetation. Surrounding land uses include a variety of commercial uses. Grading and construction is expected to take eight to twelve months. Based upon information contained in the administrative record and review of CEQA Guidelines Section 15332, the City has determined that the Lester Fitness Center Project is eligible for a Class 32 Categorical Exemption. The Categorical Exemption report describes the proposed project and assesses each of the criteria required to qualify for a Class 32 Exemption. Therefore, subsequent to the Public Hearing, it is recommended Council direct staff to file a Notice of Exemption for a Class 32 infill development categorical exemption pursuant to CEQA Guidelines Section 15332 for the Lester Fitness Center Project located at 475 W. Hobsonway with the County Clerk.
No public comment. Vice Mayor DeConinck moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. Councilman Halby rejoined the meeting.
Categorical Exemption- Edelweiss Sustainable Farms, LLC Commercial Cannabis Project. Interim City Manager Crecelius reported Patrick Kelly, representing Edelweiss Sustainable Farms, LLC proposes to modify an existing building, previously operated as a KMart Department store at 1255 W. Hobsonway to a multiple use venue that supports cannabis cultivation, processing and distribution. The applicant plans to renovate 94,000 square feet within the existing building to support the growing of a total of 32,633 square feet of flowering plants concurrently. The project is proposed in two phases. Phase I will modify the southern portion of the existing building to create six grow rooms, four dry rooms and room for storage, packing, trimming, cloning, and shipping/receiving. Phase II will develop the northern portion of the building to create three grow rooms and two dry rooms. The current zoning and General Plan designation is General Commercial (C-G) which allows for the development of commercial cannabis facilities. The project is level with little vegetation. Surrounding land uses include a variety of commercial uses. Based upon information contained in the administrative record and review of CEQA Guidelines Section 15332, the City has determined that the Edelweiss Sustainable Farms, LLC K-Mart Building Conversion Commercial Cannabis Project is eligible for a Class 32 Categorical Exemption. The Categorical Exemption report describes the proposed project and assesses each of the criteria required to qualify for a Class 32 Exemption. Therefore, subsequent to the Public Hearing, it is recommended Council direct staff to file a Notice of Exemption for a Class 32 infill development categorical exemption pursuant to CEQA Guidelines Section 15332 for the Edelweiss Sustainable Farms Project located at 1255 W.
Hobsonway with the County Clerk.
Public Comment. Jim Vaughn, land use counsel for the project stated Patrick Kelly is also here.
We would like to thank staff for their hard work putting this together. We are here to answer any questions you may have.
Councilman Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
Categorical Exemption- Cohen Commercial Cannabis Project. Interim City Manager Crecelius reported Justin Cohen proposes to develop a commercial cannabis facility on a 1.42 acre parcel located at 2161 W. Hobsonway. The project consists of the expansion of an existing warehouse to total 14,725 sq ft for the cannabis operation. A new parking lot with commercial entrance from Hobsonway will be installed along with new perimeter fencing and stormwater retention basin. The current zoning and General Plan designation is General Commercial which allows for the development of commercial cannabis facilities. The project site is level with little vegetation. Surrounding land uses include a single-family residence to the north, Ace Towing and Recovery Group to the west, residential properties to the south and farmed lands to the southwest and east. Interstate 10 lies to the south of Hobsonway, and various commercial, residential and agricultural uses extend up and down Hobsonway. Based upon information contained in the administrative record and review of CEQA Guidelines Section 15332, the City has determined that the Cohen Commercial Cannabis Project is eligible for a Class 32 Categorical Exemption. The Categorical Exemption report describes the proposed project and assesses each of the criteria required to qualify for a Class 32 Exemption. Therefore, subsequent to the Public Hearing, it is recommended Council direct staff to file a Notice of Exemption for a Class 32 infill development categorical exemption pursuant to CEQA Guidelines Section 15332 for the Cohen Commercial Cannabis Project located at 2161 W. Hobsonway with the County Clerk.
No public comment. Councilman Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. 2023-2024 Community Development Block Grant Allocation. Interim City Manager Crecelius reported The City of Blythe, as a member of the Riverside County Urban County designation, receives a Community Development Block Grant allocation each year. The funds are on the HUD “fair-share” formula which is based on population, extent of poverty and substandard housing. Projects/activities eligible for funding include public facility improvements; real property acquisition; public service which is limited to 15% of total grant allocation; housing; capital equipment; and rehabilitation/preservation. For an activity or project to qualify it must meet one of the three national objectives: principally benefit at least 51% low- and moderate-income persons; aid in the prevention of slums or blight; or meet community development needs having a particular urgency. The CDBG allocation for Fiscal Year 2023- 2024 is estimated to be $103,000±. Of the $103,000, $15,450 is available to fund non-profit projects. The City received one public service application from Focus First Counseling and Education, Inc. The applicants request $12,600 to fund a community garden to be constructed on vacant City property located at 430 W. Rice Street. Permission for use of the City property has not been granted or requested of the City prior to staff receiving the CDBG application. The property is zoned R-M-L which is a residential zone. In this zone, light plant cultivation is allowed for personal use. As a Community Garden would not be considered a personal use, Council would need to adopt an Ordinance Amendment to allow Community Gardens in the RM-L zone. If adopted, the regulations would apply to all properties with this zoning designation, not specifically to the property they wish to use. The Ordinance Amendment would need to include a definition for Community Garden, determine the zone(s) within the City this use would be permitted, and amend Table 17.08.010 of the BMC to include the applicable zones. Staff also recommends adopting regulations for Community Gardens, as this use is not currently permitted.
Regulations could include hours of use, type of equipment and structures permitted and whether the sale of produce would be allowed. As this would be an amendment to the zoning code, a public hearing would be required prior to adoption. To meet one of three national objectives for CDBG funding, the Community Garden would need to benefit at least 51% low- and moderateincome persons. As the community garden would be open to the public, our CDBG representatives have expressed concerns that the project may not meet this national objective.
The applicants would be required to obtain documentation from those using the site which would include paycheck stubs and/or income tax returns to verify that they are low or moderate income.
Failure to collect this information from at least 51% of the people using the garden could cause funds to be withheld or the project to be cancelled. As there are a few administrative items that need to be addressed before the Community Garden may be established, staff recommends allocating the CDBG allocation to the City’s project. If Council is interested in moving forward with allowing community gardens in the City, it is recommended Council direct staff to move forward with the required Ordinance amendment to allow the use. Staff would also need to prepare an agreement between the City and applicants for use of the City property should Council authorize its use for this project. Over the past several years the City has expended CDBG funds in City parks. Past projects include restroom improvements in Miller, Appleby and Todd Parks, playground equipment in Miller Park and Appleby Parks, the Splash Pad in Todd Park, Community Center upgrades and improvements and installation of shade structures at Quechan Park. The City is currently working on project to place a shade structure over the new playground in Engevik Park and new shaded picnic areas at Miller Park. As CDBG funding is typically used in City Parks, staff would like to implement a new program with this allocation to start a Home Enhancement Program with the help of Riverside County. The program would provide exterior home improvements such as: roof repair, doors, windows, and fencing. This program is in line with the goals of the City’s Housing Element. The City has adequate housing stock; however, a number of the City’s houses are considered blighted or sub-standard. This program would help beautify neighbors and keep low-income persons in their homes. It may also decrease the number of vacant and abandoned homes due to them being in an unlivable condition and help the City meet the goals established in the Housing Element for hosing persons of low and moderate incomes. The Home Enhancement funds are allocated one time per property. After the work is completed, the owner must remain in the home for 5 years, or the cost of the home enhancements would be repaid by the homeowner. A covenant is placed on the property to memorialize this agreement. The improvements will be made to homes that are owned by lowincome persons. The City would provide this program in cooperation with Riverside County.
The County would work with city staff to identify potential properties. The County would conduct assessments and work with qualified homeowners. The County would hire local contractors to perform the work. There would be minimal City staff time involved in this program. With the current year’s allocation and funding re-programmed from past projects, the City anticipates up to 5 homes could be rehabilitated through this program. All funds allocated to the City’s Home Enhancement Program would be spent on property within the City of Blythe.
Therefore, subsequent to the Public Hearing, it is recommended Council direct staff to apply the $103,000 CDBG Allocation for 2023-2024 to the City’s Home Enhancement Program in partnership with Riverside County HWS and submit the CDBG application for use of these funds on the Home Enhancement Program.
Public Comment. Amy Daniel, CFO of Focus First stated this nonprofit is aligning itself to work with the City and residents. This project will serve multiple benefits in addition to potentially looking at serving low and moderate income residents and people with food shortage. We are looking to build a coalition and partnership. We are willing, able, and ready to partner with you.
We have made presentations to twenty-two local businesses and have their support. We have done community outreach and engagement and have multiple people willing to volunteer and be part of the steering committee to execute this project. We are hoping to get a site and want to move forward for multiple reasons. We have multiple farmers on board with teaching residents to grow their own garden as well.
Councilman Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
NEW BUSINESS:
2022 Local Hazard Mitigation Plan. Police Chief Dale reported the Federal Emergency Management Agency (FEMA) requires all jurisdictions to have an approved Local Hazard Mitigation Plan whereby jurisdictions recognize, evaluate and provide possible mitigation measures for hazards unique to their jurisdictions. This plan is required in the event a local jurisdiction experiences a disaster or recognized hazard which requires financial support from FEMA. The City of Blythe partners with other municipalities in Riverside County in submitting a multi-jurisdictional Local Hazard Mitigation Plan to FEMA for approval. Riverside County serves as the lead agency responsible for gathering each participating jurisdiction’s LHMP and submitting to FEMA for approval. Staff is currently updating the City of Blythe LHMP.
Community input is vital in ensuring all hazards are addressed and a plan to mitigate is formulated. On October 18, 2022, local law enforcement participated in the National Night out program and an opportunity for community input was offered at the event. Staff is seeking additional community input. Survey forms are available.
No public comment. The item was received and filed.
Adoption of 2022 California Building Codes. City Attorney Roberto reported the California Building Standards Commission is required to adopt and publish the California Building Standards Code every three years. On July 1, 2022, the Commission published the 2022 Edition of Title 24, parts 1-6 and 8-12. Pursuant to requirements of State law, jurisdictions have 180 days after publication to adopt the 2022 California Building Codes by reference. The 2022 Building Codes take effect January 1, 2023. To comply with State requirements, Development Services is requesting amendments to Title 15 and 17 of the Blythe Municipal Code. The City is permitted to amend the 2022 codes provided that the City make express findings that the modifications are reasonably necessary due to local climatic, geological, and topographical conditions or for administrative reasons. Since Blythe has special local climatic, geologic, and topographic conditions, this adoption cycle involves similar amendments to those adopted in prior adoption cycles. The proposed Resolution sets forth express findings relating to those special conditions in Blythe that make the amendments reasonably necessary. The City of Blythe enforces the California Building Code under Title 15, Buildings and Construction and Title 17, Zoning of the Blythe Municipal Code. The proposed ordinance includes amendments to Title 15 and 17 to adopt the 2022 California Building Codes. With minor amendments due to the City’s climatic, geological, and topographic conditions and revisions to clarify various provisions of Title 15. Therefore, staff recommends Council adopt Resolution No. 2022-036 and introduce for first reading by title only, further reading waived Ordinance No. 919-22.
Councilman Halby stated everyone wants to know why its so tough to build. Its not us, it’s the State of California and we are required by law to adopt the building codes and abide by them. I apologize to those who have those issues, but we are doing what we are required to do.
No public comment. Councilman Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. City Clerk Crecelius read the title of Ordinance No. 919-22 into the record.
RESOLUTION NO. 2022-036. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING FINDINGS REGARDING THE NEED FOR MODIFICATIONS TO PROVISIONS OF THE 2022 CALIFORNIA
BUILDING STANDARDS CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS ORDINANCE NO. 919-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) AND SECTION 17.52.020 (PERFORMANCE STANDARDS) OF CHAPTER 17.52 (FUEL DISPENSING AND STORAGE) OF TITLE 17 (ZONING CODE) OF THE BLYTHE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE,
WITH LOCAL AMENDMENTS
Request to Waive Community Center Rental and Temporary Use Permit Fees for the Chamber of Commerce’s Christmas Activities. Interim City Manager Crecelius reported The Blythe Chamber of Commerce requests Council waive the Temporary Use Permit Fee of $222.00 for their Christmas Tree Lighting event on December 2 nd and Community Center Rental
Fees for their use of the facility for Winterfest on December 3 rd
. These events are part of the
Chamber’s A Superhero Christmas. The Chamber has also submitted a Park Use Permit for Winterfest and a Parade Permit for the annual Christmas Parade which are fee free. Staff recommends waiving the $222 TUP Fee and $500 Community Center Rental fee. Other costs associated with the Community Center include a $100 labor fee and $150.00 deposit. As the labor is a direct cost of the city, and the $150.00 deposit is refundable after the event, staff does not recommend waiving these fees as part of the Chamber’s use of the Community Center.
Public comment. Bill Royer of the Blythe Chamber of Commerce thanked the City for its partnership. It’s a community event. I don’t think the citizens understand what we go through to put these events on and its very expensive. Every savings helps promote Blythe. We appreciate all the help.
Councilman Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
ORAL REPORTS:
Police Chief Dale reported on a Business Outreach meeting the Police Department is hosting this Thursday related to homeless issues.
Fire Chief Haler reported the new Fire Squad Truck has arrived. The target date for the ladder truck is the end of February or first of March.
MEMBER COMMENT:
Councilman Burton commended the community and Cancer society on the turnout at the Cancer Walk. Thank you to all who donated.
Mayor Reynolds stated the BCRC has been a blessing to this community for many years. The event this past Saturday was another showing of how much this community cares. Every dollar raised by BCRC stays in this community and helps the residents immensely.
PUBLIC COMMENT: None
ADJOURN: The City Council meeting was adjourned at 6:40pm. ________________________________
Dale Reynolds, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk