Minutes of the Blythe City Council Meeting
December 13, 2022
The December 13, 2022 meeting of the Blythe City Council was called to order at 6:00pm in the Council Chambers by Mayor Reynolds. Also in attendance were Vice Mayor DeConinck and Council Members Rodriguez, Halby and Burton. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, City Treasurer and Finance Director Christa Elms, Chief Building Official Brown, Fire Chief Hasler and Police Chief Dale.
The Pledge of Allegiance was led by Mayor Reynolds.
The Invocation was offered by Councilman Burton.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there is no reportable action.
CERTIFICATE OF ELECTION:
Certification of Election Results. Interim City Manager Crecelius stated the results of the City of Blythe’s November 8, 2022 General Municipal Election have been certified by the County Registrar of Voters. Pursuant to California Elections Code section 10263, the City Council is required to adopt a resolution reciting the facts of the election and the other matters that are enumerated in California Elections Code section 10264. Therefore, it is recommended that Council adopt Resolution No. 2022-039 reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as outlined in California Elections Code section 10264. As detailed in the results, Joseph “Joey” DeConinck, Johnny Z.
Rodriguez and Joseph Halby III were elected as Members of the City Council, Mallory Crecelius was elected to the Office of City Clerk, and Christa Elms was elected to the Office of City Treasurer. Each officer was elected for a full term of four years.
No public comment. Councilman Burton moved approval of staff’s recommendation. The motion was seconded by Councilman Rodriguez with a unanimous aye vote.
RESOLUTION NO. 2022-039. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
Administration of the Oath of Office. Mayor Reynolds administered the Oath of Office to City Clerk Elect Mallory Crecelius.
City Clerk Crecelius administered the Oath of Office to Councilman Elect Joseph “Joey” DeConinck, Johnny Z. Rodriguez, Joseph Halby III and City Treasurer Elect Christa Elms.
The new Blythe City Council was seated.
City Council Reorganization. City Clerk Crecelius stated as there has been a reorganization of the City Council, the City Council has an opportunity to elect members to serve in the offices of Mayor and Vice Mayor. I will conduct the nominations for the Office of Mayor.
I will take nominations, a second and a roll all vote of all councilmembers. Once there is a majority vote, that person will be the Mayor for this term of the City Council. The floor was opened for nominations.
Councilman Halby nominated Joey DeConinck for the Office of Mayor. The nomination was seconded by Councilman Burton with aye votes from Rodriguez, Burton, Reynolds, Halby and DeConinck.
Mayor DeConinck opened nominations for the Office of Vice Mayor. Councilman Burton nominated Johnny Rodriguez for the Office of Vice Mayor. The nomination was seconded by Councilman Reynolds with aye votes from DeConinck, Halby, Reynolds, Burton and Rodriguez.
CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. If any item requires individual consideration, it will be removed from the consent calendar and acted upon separately.
4. Posting of the Agenda.
The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, December 9, 2022.
5. Approval of the Warrant Register.
Recommendation: Approve 12/13/2022, warrants numbered 10079 through 10090 and 75968 through 76041 in the amount of $3,277,820.54; 12/13/2022, Utility Billing Refund warrants numbered 76042 through 76054 in the amount of $640.95 and 12/13/2022, warrants numbered 10091 through 10092 and 76057 through 76111 in the amount of $193,633.70.
6. Approval of the Payroll Register.
Recommendation: Approve 12/13/2022, warrants numbered 53294 through 53312 and Direct Deposit warrants numbered 54527 through 54586 in the amount of $254,770.77; 12/13/2022, warrants numbered 53313 through 53326 in the amount of $25,546.93; 12/13/2022, warrants numbered 53327 through 53328 in the amount of $233.59; 12/13/2022, warrants numbered 53329 through 53348 and Direct Deposit warrants numbered 54587 through 54647 in the amount of $266,136.01; 12/13/2022, warrants numbered 53349 through 53353 and Direct Deposit warrants numbered 54648 through 54748 in the amount of $66,380.80; 12/13/2022, warrants numbered 53354 through 53355 in the amount of $5,987.12 and 12/13/2022, warrants numbered 53356 through 53382 in the amount of $138,016.16.
7. Minutes of the November 8, 2022 City Council Meeting.
Recommendation: Approve the Minutes of the November 8, 2022 Meeting.
8. Minutes of the November 28, 2022 Special City Council Meeting.
Recommendation: Approve the Minutes of the November 28, 2022 Special Meeting.
9. City of Blythe Permits Issued for the Month of November 2022.
Recommendation: Receive and file this monthly report.
10. City of Blythe Fire Department Monthly Activity Report for November 2022.
Recommendation: Receive and file the monthly report.
11. City of Blythe Police Department Monthly Activity Report for November 2022.
Recommendation: Receive and file the monthly report.
12. Quality of Life Program Activity Report for November 2022.
Recommendation: Receive and file the monthly report.
13. Community Facilities District No. 2004-1 Annual Report.
Recommendation: Receive and file the annual report.
14. FY 2021/22 General Fund Reserve Policy Update.
Recommendation: Receive and file the annual report.
15. Surplus Equipment- Blythe Police Department.
Recommendation: Deem the listed items as surplus property and authorize staff to trade in the items to Ace Hardware, Blythe for store credit.
16. Purchase of Animal Control Vehicle.
Recommendation: Approve the purchase of an Animal Control Vehicle from National Auto Fleet Group in an amount not to exceed $136,405.20 for the vehicle and equipment.
17. Request to Waive Fees- Joe Wine Blythe Recreation Center.
Recommendation: Waive the youth daily admission fee for an event on December 21, 2022.
18. Destruction of Certain Financial Records and documents for FY 2016/17.
Recommendation: Adopt Resolution No. 2022-034:
RESOLUTION NO. 2022-034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZED BY THE CALIFORNIA GOVERNMENT CODE.
19. Adoption of 2022 California Building Codes.
Recommendation: Adopt Ordinance No. 919-22.
ORDINANCE NO, 919-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) AND SECTION 17.52.020 (PERFORMANCE STANDARDS) OF CHAPTER 17.52 (FUEL DISPENSING AND STORAGE) OF TITLE 17 (ZONING CODE) OF THE BLYTHE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE,
WITH LOCAL AMENDMENTS
No public comment. Councilman Reynolds moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
Conditional Use Permit (CUP)- Palo Verde College. Interim City Manager Crecelius stated Palo Verde College proposes to construct and operate a Child Development Center that will be part of the college. The project site consists of two parcels totaling 30,000 sq ft located at 141 S. Second Street in Blythe. The preschool building will total 8,912 sq ft along with adjacent playground, parking lot and landscaping. The project site is level with little vegetation and is vacant at present except for the remnant of a building previously used by the local freemasons.
Surrounding land uses include a variety of commercial and residential uses. The parcels are designated in the City’s General Plan and zoning as General Commercial and Medium to Low Density Residential, both of which allow for a preschool/childcare center with a conditional use permit. As the Lead Agency under CEQA, the City has undertaken preliminary review and determined that the proposed development qualifies for a Class 32 Infill Development Categorical Exemption from the provisions of CEQA pursuant to CEQA guidelines section 15332. The Categorial Exemption report describes the proposed project and assesses each of the criterial required to qualify for the class 32 categorical exemption. Before final approval of a Conditional Use Permit, Council must make the following findings: That the proposed location of the Conditional use is in accord with the objectives of this title and the purpose of the zone in which the site is located; that the proposed location in which the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and a Conditional Use Permit issued under the terms of Blythe Municipal Code Title 17.68 shall lapse if no improvements to the real estate concerned have been made, and the holder of the permit shall not have utilized it within one year from the date upon which such permit shall have been granted. Therefore, it is recommended, subsequent to the Public Hearing, Council adopt Resolution No. 2022-037 approving the Notice of Exemption prepared for Conditional Use Permit 2210-001 and direct staff to file the Notice of Exemption with the County Clerk; and adopt Resolution No. 2022-038 approving Conditional Use Permit 2210-001, with conditions.
No public comment. Vice Mayor Rodriguez moved adoption of the Resolutions. The motion was seconded Councilman Burton with a unanimous aye vote.
RESOLUTION NO. 2022-037. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION FOR CONDITIONAL USE PERMIT 2210- 001.
RESOLUTION NO. 2022-038. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING CONDITIONAL USE PERMIT 2210-001 TO ALLOW
THE USE OF A CHILD DEVELOPMENT CENTER ON PARCELS DESIGNATED AS R-M-L (MEDIUM TO LOW DENSITY RESIDENTIAL) AND C-G (GENERAL COMMERCIAL).
CONTINUED BUSINESS:
Emergency Repair at the Waste Water Treatment Plant. Interim City Manager Crecelius stated it is recommended Council review the emergency action for the repairs to the collapsed pipe at the Waste Water Treatment Plant. It is further recommended Council, by a 4/5 vote, determine there is a need to continue the emergency repairs. Since the last meeting, Rove Engineering has inserted the necessary plugs and excavated the site. Wastewater Treatment Plant staff has determined the best course of action which entails removing the existing bypass and installing a new C900 pipe to replace the existing metal pipe. Three new values have been ordered and will be inserted and a connection point coated. Chief Wastewater Treatment Plant Operator Tom Ecret is here to further discuss the necessary repairs and answer any questions you may have about the emergency repair.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
NEW BUSINESS:
Rejection of Bids- Golf Course Water Supply Line Project. Mayor DeConinck excused himself due to a potential conflict of interest.
Interim City Manager Crecelius stated The Golf Course Water Supply Line Project consists of replacing 1,000 feet of leaking pipe to bring irrigation water from A Canal to the holding pond on Hole No. On October 20th the City Council directed staff to release a notice inviting bids for the project. After the bid opening on November 29, 2022, staff noticed irregularities in the bids received. Staff believes rejecting all bids, reviewing project documents and re-advertising the project will result in more competitive bids for the City. Pursuant to the Public Contract Code and the Blythe Municipal Code, it is within Council’s discretion to reject any and all bids received and provide direction to staff on future action, which may include abandoning the project, re-advertising for bids, or, by passage of a resolution by four-fifths (4/5) vote of the Council, declaring the project can be performed more economically by City employees and having the work performed by force account. Staff is recommending that Council reject all bids and direct staff to re-advertise the project. Once Council has rejected the bids, staff will prepare new bid documents, which will be distributed in accordance with the requirements of the Public Contract Code and Blythe Municipal Code and to all contractors who routinely work on street related projects in the City. After the new bids are received and reviewed, staff will report to Council and ask for direction/award of the contract for this project. Staff anticipates doing so in late January.
No public comment. Councilman Burton moved approval of staff’s recommendation. The motion was seconded by Councilman Reynolds with a unanimous aye vote.
Mayor DeConinck rejoined the meeting.
Proposed Changes to Water, Sewer and Wastewater Rates. Finance Director Elms stated on May 10, 2022 the City Council approved an agreement with Willdan Financial Services to conduct a comprehensive water and sewer utility rate study. Since that time staff has worked with Willdan analyzing revenue sources and expenditures in both the sewer and water utilities in an effort to develop rates that meet the financial, operational and capital needs of providing the service. Willdan has concluded their analysis and Chris Fisher is here to present the findings.
Chris Fisher, Director and Vice President of Financial Consulting Services stated the purpose of any rate study is to develop a financial plan for full cost recovery of utility expenditures. Based on that cost analysis, develop a cost-based rate structure. In California, rates are based on the cost to provide the service. The rates should also be equitable between the different customer classes and within the customer classes. The results should be based on a five-year financial plan that supports the five-year rates and should be compliant with Prop 218. We compare the revenue requirement with the revenue generated from existing rates. To the extent there is a difference, we make recommendations to meet that revenue requirement. Factors during the final plan include the environment. Costs have gone up. There are also several significant capital improvement projects in both the water and sewer utilities incorporated in the CAP. Three of which is water and sewer main line replacements and a reservoir replacement. The process of developing rates includes three questions: how much revenue do we need, which customers are incurring the cost that make up the review the requirements and what do the rates need to be to generate the accurate revenue to operate the utility. To determine the revenue requirements, we conduct a revenue sufficiency analysis. This is the five-year financial plan. The cost-of-service analysis is the next step to determine which customers are generating the costs and allocate those costs out so that customers are paying their fair share. The third step in rate design is based on cost analysis. Rates are what the customers pay, revenue is what is generated from customer rates. Rates are different for different categories and customers. For the base year the water revenue requirement is $3.4 million. That is the amount of revenue we need in the base year to meet its financial obligations. The net revenue requirement for the sewer utility is $3.4 million for a total of $6.8 million. In Blythe, sewer charges are made up of two components, the sewer charge and the waste water charge. The sewer charge is for the collection and conveyance of waste water. The waste water charge is for the treatment of that waste water. Adjustments to the rates would be much less if it was only to cover operations and maintenance and factored out capital improvements. Most of the cost increases are a result of capital projects. We are recommending setting a Public Hearing date for February 28, 2023. Per Prop 218, you must mail a notice to all customers informing them of the proposed rate increases and date of the public hearing 45 days prior to the meeting. Those notices will need to be sent out by January 11th.
Customer and property owners may submit a written protest anytime during that comment period and up to the hearing on February 28th. Assuming there is not a majority opposed to the rates, Council may consider adopting and implementing the rates. If there is a majority protest, the proceeding ends, and no action may be taken. Should the rates be adopted, they would take effect on March 1, 2023.
Mayor DeConinck stated about a month ago the Council held a Study Session to discuss this.
The public was welcome to come. This was not started right now; it was started over a month ago. We have been looking at it and trying to come up with the best solution.
Finance Director Elms stated it is recommended Council adopt Resolution No. 2022-040 declaring its intention to adopt increased water, sewer, and waste water rates as described in Exhibit A of the Resolution, setting a Public Hearing for February 28, 2023 at 6pm at the Council Chambers at City Hall to hear any protests and directing staff to notice such hearing in accordance with Prop 218.
No public comment. Councilman Burton moved to adopt Resolution No. 2022-040 setting a public hearing for February 28, 2023. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
RESOLUTION NO. 2022-040. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
DECLARING ITS INTENTION TO ADOPT INCREASED WATER, SEWER AND WASTEWATER RATES, SETTING A PUBLIC HEARING FOR FEBRUARY 28, 2023, AND DIRECTING STAFF TO PROVIDE NOTICE IN ACCORDANCE WITH PROPOSITION 218.
ORAL REPORTS:
Councilman Reynolds reported on the Christmas Parade and thanked Finn Motors for providing vehicles for myself and Mayor DeConinck to participate in the parade. The second annual Winterfest went very well.
Vice Mayor Rodriguez thanked Dale Reynolds for being our Mayor for the past five years. You were hit with the pandemic, which nobody saw coming. You did a fantastic job in getting help here and being available to the public. I am looking forward to working with you these next few years.
Councilman Reynolds stated it has been an honor and a pleasure to work with these gentlemen and look forward to working with them in the future. Staff, I can’t say enough about how you go above and beyond. Thank you to everyone for your dedication to this community.
Councilman Burton gave a shout out ot the Palo Verde Yellow Jackets.
Councilman Halby thanked the public for trusting in me and giving me another four years. I want to thank Dale for his contributions as Mayor. We look forward to seeing Joey back in the spot and everything is wheels up. We are working hard and let’s keep a good positive attitude and keep going.
Mayor DeConinck stated this past month has been busy, we also had the Christmas Tree lighting.
The tree was donated by CWA. All of this happens with volunteers. Dale, you did a great job as Mayor. There is a lot to it. We will be going through some challenges and hopefully we can work it out. I want to thank the voters for your support. We do the best job we can and will do the best job.
Councilman Halby stated we all know of the announcement of Chuckawalla’s closure and want everyone to know we are working on a plan. We are putting allies together and are building an argument. We are not going to sit back and let this happen.
Glenna Peoples of 300 N. Palm asked for an open session related to the closure of CVSP. She also asked for transparency on the water bill and the projects included in the rate study. Once the infrastructure is in place, will our bills be lowered?
Debra Powels reported on an issue she is having with her pipes, sand coming into her water heater and sewer gasses in her home. We have exhausted every avenue and asked Council to investigate the issue.
Tom Ecret, Chief Waste Water Treatment Plant Operator provided more information on the Emergency Repairs taking place at the Waste Water Treatment Plant.
PUBLIC COMMENT: None
ADJOURN: The City Council meeting was adjourned at 7:21pm. ________________________________
Dale Reynolds, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk