Minutes of the Blythe City Council Meeting
October 10, 2023
The October 10, 2023, meeting of the Blythe City Council was called to order at 6:00 p.m. in the Council Chambers by Mayor DeConinck. Also in attendance were Vice Mayor Rodriguez and Council Members Reynolds and Halby. Councilman Burton was excused from the meeting. Staff in attendance included: Interim City Manager and City Clerk Crecelius, City Attorney Roberto, Finance Director and City Treasurer Elms, Chief Building Official Brown, Police Chief Dale, Public Works Director McLaughlin and Fire Chief Hasler.
The Pledge of Allegiance and invocation were led by Mayor DeConinck.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there was no reportable action.
PROCLAMATION:
Breast Cancer Awareness Month, October 2023. Mayor DeConinck presented the Proclamation to Valerie Hudson of the Blythe Police Department.
PRESENTATION:
Presentation of a POST Executive Certificate to Police Chief Garth Dale. Erik Apperson, Bureau Chief for the Commission on Peace Officer Standards and Training (POST) presented Police Chief Dale with a POST Executive Certifiate.
CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. If any item requires individual consideration, it will be removed from the consent calendar and acted upon separately.
3. Posting of the Agenda.
The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, October 6, 2023.
4. Approval of the Warrant Register.
Recommendation: Approve 10/10/23, warrants numbered 10348 through 10372 and 77232 through 77299 in the amount of $645,792.45; 10/10/23, warrants numbered 10373 through 10382 and 77313 through 77352 in the amount of $248,411.04 and 10/10/23, Utility Billing Refund warrants numbered 77300 through 77312 in the amount of $1,188.37.
5. Approval of the Payroll Register.
Recommendation: Approve 10/10/23, warrants numbered 53891 through 53910 and Direct Deposit warrants numbered 56780 through 56842 in the amount of $294,543.73; 10/10/23, warrants numbered 53911 through 53912 in the amount $5,052.69; 10/10/23, warrants numbered 53913 in the amount of $500.00; 10/10/23, warrants numbered 53914 through 53931 and Direct Deposit warrants numbered 56843 through 56908 in the amount of $282,462.25; 10/10/23, warrants numbered 53932 through 53933 in the amount of $362.27 and 10/10/23, warrants numbered 53934 through 53949 and Direct Deposit warrants numbered 56909 through 56999 in the amount of $76,134.09.
6. Minutes of the September 12, 2023, City Council Meeting.
Recommendation: Approve the Minutes of the September 12, 2023, Meeting.
7. City of Blythe Permits Issued for the Month of September 2023.
Recommendation: Receive and file this monthly report.
8. City of Blythe Fire Department Monthly Activity Report for September 2023.
Recommendation: Receive and file the monthly report.
9. City of Blythe Police Department Monthly Activity Report for September 2023.
Recommendation: Receive and file the monthly report.
10. Quality of Life Program Activity Report for September 2023.
Recommendation: Receive and file the monthly report.
11. Acceptance of the California Division of Boating and Waterways Boating and Enforcement Grant.
Recommendation: Accept a grant from the California Division of Boating and Waterways Boating and Enforcement and authorize the Interim City Manager to expend funds in the amount of $40,058.00.
12. Resolution 2023-022 Authorizing the Destruction of Certain Financial Records and Documents for Fiscal Year 2017-2018.
Recommendation: Adopt Resolution 2023-022 authorizing the destruction of certain financial records and documents for fiscal year 2017-2018.
RESOLUTION NO. 2023-022. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZIED BY THE
CALIFORNIA GOVERNMENT CODE
13. Adoption of Tentative Agreement Regarding Successor MOU for the Sworn Personnel Represented by the Blythe Police Officer’s Association.
Recommendation: Adopt the following Resolutions:
RESOLUTION NO. 2023-023. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
ADOPTING THE TENTATIVE AGREEMENT REGARDING THE TERMS AND CONDITIONS OF THE SUCCESSOR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BLYTHE AND THE SWORN PERSONNEL REPRESENTED BY THE BLYTHE POLICE OFFICER’S ASSOCIATION FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025.
RESOLUTION NO. 2023-024. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 SALARY SCHEDULE TO REFLECT THE PAY FOR RESERVE POLICE OFFICER POSITION.
No public comment. Councilman Reynolds moved approval of the Consent Calendar. Vice Mayor Rodriguez seconded the motion with a unanimous aye vote.
PUBLIC HEARING:
Tentative Parcel Map 38780. Mayor DeConinck recused himself from the discussion due to a potential conflict of interest related to property owned within 300-400 feet of this project at Wells Road and Defrain Blvd. Interim City Manager Crecelius stated John Carmack and his agent, The Holt Group, request approval to divide one 22.94± acre parcel into four separate parcels, Lot A and a Remainder Parcel. The project site is located at the N/E corner of West Wells Road and Quail Run Road. Proposed Parcel No. 1 is 16.84± acres in size, Proposed Parcel No. 2 is 1.01± acres in size, Proposed Parcel No. 3 is 1.01± acres in size, Proposed Parcel No. 4 is 1.00± acres in size, Lot A is .059± acres in size and the Remainer Parcel is 2.49± acres in size.
Each parcel has access from an improved dedicated right-of-way. No variances or exceptions are required for this Parcel Map. This site is included in the Mesa Bluffs Specific Plan. The General Plan Land Use and Zoning Designation is Residential Estates. The existing zoning designation allows for a minimum lot area of 9,600 S.F. with minimum lot width and depths of 75x100. As the smallest proposed parcel is 1.00± acre, the Parcel Map is consistent with existing zoning regulations. Surrounding land uses include the Blythe Municipal Golf Course, vacant land, and residential uses. The project is categorically exempt from the California Environmental Quality Act pursuant to Guidelines Section 15315- Minor Land Divisions, and a Notice of Exemption with De Minimis Impact Finding will be filed. Therefore, subsequent to the Public Hearing, it is recommended Council Adopt Resolution No. 2023-025, approving a Notice of Exemption with De Minimis Impact Finding for Tentative Parcel Map 38780 and Resolution No. 2020-023, approving Tentative Parcel Map 38780 allowing the division of one parcel into four parcels, lot A and a reminder parcel at the N/E Corner of West Wells Road and Quail Run Road with conditions.
Councilman Halby asked if there were any development plans for this property. Interim City Manager stated there are no proposed development plans. As of now this land is one legal parcel with three different APNs. Part of this is clean-up and potentially parceling them out to spur the sell or development of this site.
John Osborne stated there is one parcel in escrow that they supposedly want to build a house on.
There is also an easement in the road that will also be cleaned up with this map.
No Public Comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
RESOLUTION NO. 2023-025. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING
FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION WITH DE MINIMIS IMPACT FINDING FOR TENTATIVE PARCEL MAP 38780.
RESOLUTION NO. 2023-026. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING TENTATIVE PARCEL MAP 38780 TO ALLOW THE DIVISION OF ONE (1) 22.94± (GROSS) ACRE PARCEL INTO FOUR (4) SEPARATE PARCELS, A REMAINDER
PARCEL AND LOT A ON PROPERTY LOCATED AT THE N/E CORNER OF WEST WELLS ROAD AND QUAIL RUN ROAD (ASSESSOR’S PARCEL NUMBERS 821-170-054, 821-170-055 AND 871-170-171.
Mayor DeConinck rejoined the meeting.
Ordinance No. 923-23, Repealing and Replacing Chapter 17.26 (Signs) of Title 17 (Zoning) of the Blythe Municipal Code. Interim City Manager Crecelius stated earlier this year Council met in a Study Session to discuss proposed amendments to the City’s Sign Ordinance.
The last comprehensive update of the City’s Sign Ordinance occurred in 2004. Significant changes were made to the City’s Sign Ordinance for compliance with State and Federal law.
Also included in the proposed Ordinance are the items discussed at the Study Session. Signs that were previously prohibited including A-frame signs and billboards are permitted in the proposed Ordinance with regulations. The number of allowable signs, sign height and sign area were increased in the proposed Ordinance. The current Ordinance has a maximum size aggregate of 50 sq. ft. In the proposed Ordinance, the total maximum sign aggregate is 250 sq. ft. based on the property’s parcel size. If adopted, larger parcels would have the opportunity to install larger signs to match the scale of their development. The proposed Sign Ordinance allows for up to a total of four signs in commercial and industrial zones, with a maximum of two signs per building side.
The current Ordinance does not allow for more than two signs with no more than one sign per building. This was problematic for businesses wanting to place both their business name and logo on their building. This will allow businesses more flexibility in their signage plan and will help meet the needs of corporate businesses with standardized signage requirements. The proposed Ordinance also addresses temporary window sign placement and permanent window signs, such as window graphics, which are not specifically addressed in the current Code. The proposed Ordinance provides a definition and procedures for murals, which the current Ordinance is silent on. Staff’s intent with this update was to provide better signage options for businesses while promoting the public health, safety and welfare and preserving community aesthetics through the implementation of a uniform set of rules and regulations. Staff believes the Ordinance, as proposed, is representative of the goals of the City. It is therefore recommended that the City Council, acting as the City’s Planning Agency, conduct a public hearing regarding Ordinance No. 923-23 and provide direction regarding any desired changes. This is the first of two public hearings regarding the proposed Ordinance in accordance with the requirements of State law and the Blythe Municipal Code. The first hearing is being conducted by the City Council, acting as the City’s Planning Agency.
No public comment. The item was received and filed.
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius stated staff has been working with John M.
Eason, Associate Professor at Brown University through an introduction made by the California Governor’s Office of Business and Economic Development (GO-Biz). The City’s GO-Biz representative was familiar with the work Professor Eason and his students were doing in Susanville related to their prison closure and thought Blythe may benefit from their work.
Professor Eason has done extensive research and written books on rural communities across America with a focus on rural communities with prisons and what happens to rural communities when they lose a prison. He believes that if prisons are going to be closed, rural communities need to be at the center of the conversation and be centered around the needs of the communities where the prisons are located. Last semester his students performed interviews with residents and business owners in Susanville to understand what types of jobs, industries and repurposing can take place as their prison closes. He was also tasked with preparing a two-page brief on Susanville for the Governor’s Office. The brief outlines the investments needed in internet and public health infrastructure and increasing alternative energy to enhance Susanville’s ability to cope with the closing the California Correctional Center (CCC). This research is performed free of charge by Professor Eason’s students. This research could further help the City in its point that closing Chuckawalla Valley State Prison will be devastating to our community, and should the State refuse to rethink this position, the State will need to provide adequate funding to our community to offset the impacts of this closure. We will also gain a better understanding of the Blythe Business community’s interests as we look for new business development and expansion opportunities as these students will interview a number of community leaders and business owners as part of their research. This information will be presented to the Governor’s Office which could give us an opportunity to discuss Save Chuck with the Governor and his staff.
Therefore, staff recommends Council authorize the Interim City Manager to sign a letter of support for a research partnership with Professor Eason and his students.
Public Comment. John Osborn asked if the City was working with Robert Valenti who was hired by Riverside County to research Blythe and John Mark Boozer. Interim City Manager Crecelius stated yes, John Mark works for Retail Strategies who the City hired to attract retail development to Blythe. The County of Riverside hired Kosmont Companies who Mr. Valenti is with to prepare a resilience study for the City due to the prison closure.
Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote.
NEW BUSINESS:
Request to Waive Community Center Rental Fees for the Rec-N-Crew’s Annual Homecoming Fundraiser. Interim City Manager Crecelius stated for several years the Rec-NCrew has hosted a fundraiser during Homecoming in front of the Community Center. The Center is used to store equipment, and for use of the public restrooms during the event. The Rec-NCrew has asked that the rental fees for use of the Community Center be waived for the event.
Staff recommends Council waive the Rental Fees except for the $100 labor fee and refundable $150 deposit.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
Request to Waive Building Permit Fees for the Chamber of Commerce’s Sign Project. Interim City Manager Crecelius stated in early 2020, the Blythe Chamber of Commerce discussed with staff a project to place signage at key points in the City. To streamline the permitting process, in September 2021 the City Council authorized the Welcome to Blythe and Field Crop signs to be directional/informational signs per Chapter 17.26 of the Blythe Municipal Code. Designating the signs as directional or informational signs allows the Chamber more flexibility in the size and placement of the signs. It also waived the requirement of applying and paying for a sign permit. In September 2023, the Chamber approached City staff about the permits necessary for the installation of the four signs. Due to the size of the signs, and the installation procedures necessary, installation requires a building permit. Building permit fees are set by the City’s User Fee Study which aims for full cost recovery. The Blythe Chamber of Commerce submitted a written request asking Council to waive the building permit fee(s).
Permit fees are estimated to be $1,007.05 based on a project valuation of $25,636.00. As there are four signs, each location will require an inspection by the City’s Building Official. Beginning in FY 2022/23, the City Council allocated $30,000 in American Rescue Plan Act (ARPA) funding to support the Chamber in enhancing tourism to the City. This funding allocation will be made in the 2023/24 and 2024/25 fiscal years as well. The scope of the activities to be performed includes promoting tourism with activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming visitors to the City. Along with the Tourism funding, the City provides support to the Chamber and its events by providing traffic control, street closures, preparation of and free use of City facilities and waiving TUP fees for Chamber events. As the City is currently contributing $30,000 annually to the Chamber to support its tourism goals, it is not recommended that Council waive the permit fees. The fees are in place to recover the City’s costs, including staff time necessary to issue the permits and inspect the work, once complete.
Public comment. John Osborne stated I am the one that asked for the permits to be waived. I wasn’t aware of the City’s funding. I thought the Chamber had $7,500 trying to get to $25,000.
We are trying our best to get these signs up to the best of our ability.
Councilman Reynolds stated we do not waive fees. That has been a policy for awhile now, so how can we work this out?
Mayor DeConinck stated the best thing is to come up with how much money they need as we already gave them some money. This needs to go back to the Chamber to see where they are and what they want to do.
Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
Citywide Slurry Seal Project. Public Works Director McLaughlin stated Council adopted the FY 23/24 budget with $750,000 in Measure A funds for the Citywide Slurry Seal Project. The streets included in the Slurry Seal project include Main Street, Broadway from Juniper Trail to 10th Avenue, Broadway from Hobsonway to 14th Ave, Solano, Acacia, Date Road, 14th Avenue and Barnard. The bid specifications and plans for the Citywide Slurry Seal project were released on August 18, 2023. On September 26, 2023, the City conducted the bid opening, and one bid was received from American Asphalt South, Inc. in the amount of $565,470.56. Staff reviewed American Asphalt South, Inc. project work history, references, and construction license. American Asphalt South Inc. construction license is current and in good standing with the State of California. American Asphalt South, Inc. recently completed the Slurry Seal Project for Riverside County. Therefore, staff determined American Asphalt South Inc. is the responsive and responsible bidder. It is recommended Council authorize the Interim City Manager to execute Agreement No. 2023-056 A with American Asphalt South, Inc. contingent upon all bonds and proper contract documents being fully executed to the satisfaction of the City Attorney and Interim City Manager; issue a purchase order to American Asphalt South, Inc. in an amount not to exceed $565,470.56, authorize an additional $56,547.06 (10%) for contingencies and project inspection; authorize the Interim City Manager to approve change orders during construction within the approved project budget and establish a project budget not to exceed $622,017.62.
No public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Reynolds with a unanimous aye vote.
Consideration of Ordinance Prohibiting the Unlawful Possession of Catalytic Converters. Interim City Manager Crecelius stated under existing laws, law enforcement cannot seize a catalytic converter found to be removed from a vehicle and in someone’s possession unless a victim can be identified. Due to a rise in catalytic converter thefts throughout Riverside County, the County Executive Office prepared an ordinance to combat theft of catalytic converters, specifically known as Ordinance No. 987. The Ordinance establishes that it is unlawful for any person to possess any catalytic converter that is not attached to a vehicle, unless the person has valid proof of ownership. A violation of the Ordinance will result in criminal and/or civil penalties, regardless of whether the lawful owner is identified. The Ordinance, which will go into effect on October 12th
, was shared with all Cities in Riverside County, in the event a city wishes to adopt County Ordinance No. 987 by reference. About a year ago, the Blythe Police Department made an arrest for the theft of catalytic converters. Since then, these types of thefts have not been prevalent. However, adopting an ordinance like the County’s and prohibiting the unlawful possession of catalytic converters could help deter future thefts and be a tool for law enforcement should prosecution of these thefts be necessary later. Ordinance No. 987 provides that any person who violates the ordinance is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding one year, or both. In addition to criminal penalties, the Ordinance provides for administrative civil penalties in the amount of one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000.00) for the second offense within a thirty-sixth (36) month period and five thousand dollars ($5,000.00) for any subsequent offenses within a thirty-sixth (36) month period. The Ordinance outlines that a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle, unless the person has valid proof of ownership. Staff is seeking direction on whether or not Council would like to adopt an Catalytic Converter ordinance similar to Ordinance No. 987.
No public comment.
Councilman Halby asked how much staff time it would take to draft the Ordinance.
Vice Mayor Rodriguez moved staff’s recommendation to establish an Ordinance. The motion was seconded by Councilman Reynolds with a unanimous aye vote.
Urgency Ordinance Establishing a Temporary Moratorium on the Approval of Commercial Solar Energy Facilities. Interim City Manager Crecelius stated earlier this year staff received an application for the construction and operation of a photo-voltaic solar array on property located in the Colorado River Corridor Plan. The proposed site is zoned General Commercial and is presently in Agricultural production. Due to the State of California pushing for electrification, staff anticipates the City will continue to receive applications for the construction of solar arrays or solar fields on property throughout the City. The City’s zoning code does not define or regulate commercial solar energy facilities. The closest definition is “utility Operations Facilities” which are defined as facilities involved in the operation of the various public and quasi-public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs. This definition was last amended in 1982 and as such, does not clearly and was not likely to include commercial solar energy facilities. Due to the emerging technology of solar energy generation and the state’s push to make the grid electric, staff would like to take this opportunity to amend the Blythe Municipal Code to clearly define and regulate solar energy facilities. For purposes of this Ordinance, “commercial solar energy facility” refers to a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. “Commercial solar energy facility” does not include a solar energy system that meets the definition of California Civil Code section 801.5. This Ordinance would not pertain to businesses who install solar on site to support their business operations, such an electric vehicle charging station supported by on site solar and batter storage, or a commercial business installing roof or ground mounted solar to off-set electrical bills or energy consumption.
This purely pertains to solar fields that will produce electricity that will be fed into the grid and used throughout an energy purchaser’s service territory. Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, Development Services Department staff is concerned that commercial solar energy facilities may have adverse effects on City residents. Staff is also concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses in the City and would interfere with achieving the goals and objectives of the Colorado River Corridor Plan and the City’s General Plan. If the City Council does not adopt a moratorium ordinance, staff is concerned that commercial solar energy projects that are not compatible with surrounding uses may be established that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and developed Colorado River Corridor Specific Plan.
Staff believes it is necessary to study and assess approaches to regulating the scale, design, and location of such facilities to ensure they are compatible with residential and other land uses in the City. Therefore, staff is recommending that the City Council adopt, by a four-fifths vote, an urgency ordinance to prohibit the establishment of a new commercial solar energy facilities. As outlined above, the interim ordinance would have an initial duration of 45 days. It should be noted that this moratorium will not prohibit developers from submitting new applications nor prohibit the processing of permits during the moratorium, it will only prohibit the issuance of development permits.
Councilman Halby asked how it was anticipated to take to write the Ordinance. Interim City Manager Crecelius stated I would like to do this quickly. I do not want to stall development, but think we really need to look at this as these solar facilities start developing in our community.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
URGENCY ORDINANCE NO. 925-23-U. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BLYTHE, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF
COMMERCIAL SOLAR ENERGY FACILITIES TO ALLOW TIME FOR CONSIDERATION OF POTENTIAL
AMENDMENTS TO THE BLYTHE ZONING CODE FOR THE PURPOSE OF ENSURING COMPATIBILITY WITH
SURROUNDING LAND USES AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
ORAL REPORTS:
Police Chief Dale reported on the National Night Out which will be held on Tuesday, October 17, 2023 at Todd Park.
Councilman Reynolds reported on a Ribbon Cutting for a Palo Verde Valley Transit Agency Grant through Clean California which will be held on October 12, 2023, at 5:00pm.
Mayor DeConinck stated there is a City Study Session this Thursday at 2pm. We recently learned Joshua Tree is expanding its boundaries and a hearing will be held in Chirico Summit this Thursday at 1pm. I would like to go. It’s not looking good, and this is the first time I have heard about it. I think I need to be there. It is going to affect everyone as the boundaries are expanding by 660,000 acres. At this meeting I will see if they can bring a meeting to Blythe.
PUBLIC COMMENT:
Aaron Thomas, Government Relations Officer for Southern California Edison (SCE) introduced himself to the Council as the new representative for Blythe.
ADJOURN: The City Council meeting was adjourned at 7:33pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk