Minutes of the Blythe City Council Meeting
November 14, 2023
The November 14, 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 Burton. Councilman Halby 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 was led by Mayor DeConinck.
The Invocation was led by Councilman Burton.
Mayor DeConinck complemented the City workers in the Streets, Parks and Code Enforcement Departments for their hard work preparing for Homecoming.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there was 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.
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 Wednesday, November 8, 2023.
2. Approval of the Warrant Register.
Recommendation: Approve 11/14/23, warrants numbered 10383 through 10404 and 77353 through 77418 in the amount of $433,126.55; 11/14/23, warrants numbered 10405 through 10707 and 77437 through 77485 in the amount of $280,861.87 and 11/14/23, Utility Billing Refund warrants numbered 77419 through 77429 in the amount of $1,423.69.
3. Approval of the Payroll Register.
Recommendation: Approve 11/14/23, warrants numbered 53950 through 53951 in the amount of $9,175.71; 11/14/23, warrants numbered 53952 through 53971 and Direct Deposit warrants numbered 57000 through 57066 in the amount of $280,819.46; 11/14/23, warrants numbered 53972 through 53973 in the amount of $468.83; 11/14/23, warrants numbered 53974 through 53992 and Direct Deposit warrants numbered 57067 through 57131 in the amount of $302,954.89; 11/14/23, warrants numbered 53993 through 54007 and Direct Deposit warrants numbered 57132 through 57137 in the amount of $38,188.62; 11/14/23, warrants numbered 54008 through 54028 and Direct Deposit warrants numbered 57138 through 57202 in the amount of $283,343.34; and 11/14/23, warrants numbered 54029 through 54044 and Direct Deposit warrants numbered 57203 through 57296 in the amount of $76,80.47.
4. Minutes of the October 10, 2023, City Council Meeting.
Recommendation: Approve the Minutes of the October 10, 2023, Meeting.
5. City of Blythe Permits Issued for the Month of October 2023.
Recommendation: Receive and file this monthly report.
6. City of Blythe Fire Department Monthly Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
7. City of Blythe Police Department Monthly Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
8. Quality of Life Program Activity Report for October 2023.
Recommendation: Receive and file the monthly report.
9. Fiscal Year 2024 Fleet Purchases.
Recommendation: Establish a budget in an amount not to exceed$179,987; $169,987 to purchase vehicles and $10,000 for contingencies; authorize the issuance of purchase order(s) for four (4) vehicles in the amount of $169,987 to Winner Chevrolet and authorize the City Manager to issue additional and/or make minor amendments to purchasing contracts in an amount not to exceed $10,000 or any costs that may arise from equipping and taking delivery of the vehicles.
10. Fiscal Year 2022-2023 Governance Planning Communication Letter.
Recommendation: Receive and file the letter.
11. Fiscal Year 2022-2023 General Fund Reserve Policy Update.
Recommendation: Receive and file the Policy Update.
12. Investment Report for First Quarter of Fiscal Year 2023-2024.
Recommendation: Receive and file the Quarterly Investment Report.
13. Application Submittal for the SB 1383 Local Assistance Grant Program.
Recommendation: Adopt Resolution No. 2023-029 authorizing the submittal of application(s) for all Calrecycle Grants for which the City of Blythe is eligible and authorize the Interim City Manager to execute any and all documents related to the grant submission and award.
RESOLUTION NO. 2023-029. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS.
14. Approval and Adoption of Management Salary and Benefits Schedule.
Recommendation: Adopt Resolution No. 2023-028.
RESOLUTION NO. 2023-028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
APPROVING AND ADOPTING THE MANAGEMENT SALARY AND BENEFITS SCHEDULE FOR THE PERIOD OF JULY 1, 2023-JUNE 30, 2025
15. Acceptance of the Department of Justice, Bureau of Justice Assistance, Small and Rural Law Enforcement Agency Body-Worn Camera Program.
Recommendation: Authorize the Interim City Manager to accept and expend grant funds in the amount of $20,888.48, authorize the Interim City Manager to execute an agreement with LensLock Inc. once reviewed and approved by the City Attorney and authorize the Interim City Manager to spend $14,000 included in the current budget which is the grant match for this project.
Interim City Manager Crecelius asked to move item #22 to the Consent Calendar.
22. Revised Resolution Making Findings Regarding the Need for Modifications to the 2022 California Building Standards Code.
Recommendation: Adopt Resolution No. 2023-027
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 No public comment. Councilman Reynolds moved approval of the Consent Calendar items 1-15 and 22. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
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 as presented at last month’s Council Meeting, 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 held earlier this year. Signs that were previously prohibited including A-frame signs and billboards are now permitted in the proposed Ordinance with regulations. The number of allowable signs, sign height and sign area were increased in the 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 side.
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. I would like to purpose a few changes to the Ordinance as presented. Under Murals, it was brough to my attention that they way we are interpreting this may be problematic for some businesses. We would like to make some changes to (D) (5) under Mural Regulations, striking from the Ordinance “artistic depictions of the business, goods or services being provided on the premises. Also, under D 11 we would like to remove Fire Department approval from the Ordinance. Therefore, it is recommended that the City Council, subsequent to the Public Hearing, introduce Ordinance No. 923-23. This is the second of two public hearings regarding the proposed Ordinance in accordance with the requirements of State law and the Blythe Municipal Code. The first hearing was conducted by the City Council, acting as the City’s Planning Agency on October 10, 2023.
Cyle George stated I have some projects that may be affected by the new policy. I do like most of it, but there is some wording that I don’t. I missed the previous meetings as I wasn’t aware. I would like to give some feedback. I ask that you table this and I would like some of your time in the future.
Councilman Reynolds asked if there was anything specific and to put in a written request asking to address the specific sections of the Ordinance.
Michael Cusick of 1174 Encanto Court stated we have not been able to digest the entirety of this project. As a business owner this may affect some of us. Maybe hold off and give us time to sit down and go over some things to make sure this is in the best interest of everybody.
Interim City Manager Crecelius stated what we could do tonight is continue the Public Hearing to the December meeting. Then we could address any issues, you could recommend potential changes and we would re-do this public hearing in December. From there, the Ordinance would be adopted in January and go into effect 30 days after adoption. I would need the items in question no later than November 27th
.
Mike Farage stated I don’t know a lot about this, but we don’t want to make it tougher. If I donate a Mural, I don’t want to go through a bunch of red tape to get things approved.
Sometimes its overdone. I understand we don’t want a hodge podge over town. You said you had a Study Session, but nobody knows about them. Where is this posted? On your website or in the newspaper?
George Colangeli commended Council for taking the extra time to take input. This is the 11th hour, but there is some hope here for engagement. Thank you for taking the time to hear some things out, this is going in the right direction.
Councilman Burton asked for the next steps. Interim City Manager stated we can continue the Public Hearing to allow time for input and make some changes so we can introduce the Ordinance.
City Attorney Roberto stated you have the option to completely table it and not continue it to December. If you don’t continue it to a date certain, which would be the December meeting it would need to be re-noticed so there would be a cost for re-noticing.
Councilman Reynolds moved to continue the item to the December meeting. The motion was seconded by Councilman Burton with a unanimous aye vote.
Categorical Exemption for the WattEV Electric Vehicle Charging Station Project.
Interim City Manager Crecelius stated WattEv is proposing to develop an electric truck and vehicle charging station located and designed to serve primarily pass-by traffic on Interstate 10.
The project includes a solar generation field on the southern parcel, and a set of 10 natural gas generators as backup power when insufficient electricity is available from the local power grid.
The site is comprised of three parcels totaling 127.25 acres. This site is directly west of the Casa Encinas apartment complex. It is estimated development of the site will take 6-8 months. The backup generators and solar field will be installed in stages over 24 to 48 months as operations increase. The EV charging station will have forty-six passenger vehicle charging stations and seventy-two truck charging stations. It will also include development of a lounge and convenience store with restrooms and an administrative office. The current zoning and General Plan designation is General Commercial (C-G) which does allow for the development of electric vehicle charging stations. Surrounding land uses include Interstate 10 to the north, a Hampton Inn Hotel to the northwest, a residential development to the east and vacant commercial lands to the west and agricultural lands to the south and southwest. As the Lead Agency under the California Environmental Quality Act (CEQA), the City has undertaken preliminary review and determined that the proposed development qualifies for a Categorical Exemption from the provisions of CEQA pursuant to CEQA Guidelines Section 18183 as the proposed project or site has no environmental sensitivity that would qualify as exceptions for a Categorical Exemption and the project is consistent with a Community Plan or Zoning. Based on the analysis, the City concludes the project does not require additional environmental review pursuant to CEQA. More detailed assessment of potential environmental affects and offsetting mitigation measures is provided for key resource topics including air quality, biological and cultural resources, energy use, greenhouse gas emissions, land use and consistent with the City’s General Plan and zoning policies and noise and traffic. Therefore, subsequent to the public hearing, it is recommended Council direct staff to file a Notice of Exemption for a Categorical Exemption pursuant to CEQA Guidelines Section 15183 with citation to Section 21083, Public Resources Code and reference to Section 21084 Public Resources Code for the WattEV Electric Vehicle Charging Station Project located on E. Donlon Street in southeast Blythe with the County Clerk.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote. 2024-2025 Urban County Community Development Block Grant Program (CDBG).
Interim City Manager Crecelius stated the CDBG allocation for fiscal year 2024-2025 is estimated to be $97,808. Of the allocation, 15% is available to fund public service activities.
However, the City did not receive any applications for public service projects. In the past, the City has funded Harmony Kitchen and the Emergency Food Pantry. For several years the City used CDGB funds to improve City parks. Past projects include restrooms 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. Currently, CDBG funds are being used to install a playground shade structure in Engevik Park. The 2023-24 allocation, along with funds reprogrammed from past project were used to start a Home Enhancement Program in the City. This program provides exterior home improvements such as: roofs, doors, windows, and fencing. 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. These improvements will be made to homes that are owned, not rented, to low-income persons. This program is provided in cooperation with Riverside County. The County works with city staff to identify potential properties. The County then conducts assessments and works with qualified homeowners. The County hires local contractors to perform the work. With current funding levels its anticipated thirteen homes would be rehabilitated. The first five homes identified for funding are slated to start construction shortly. 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. A recent count by Development Services staff, as required for the Housing Element, identified 104 homes in need of rehabilitation or replacement. This program would help beautify neighborhoods and keep low-income persons in their homes. Staff would like to continue the work started with the Home Enhancement Program and allocate the 2024/25 allocation to the rehabilitation of the City’s housing stock. This will allow for the rehabilitation of potentially another 3-4 homes. This could mean a total of 17 homes being rehabilitated through this program. The County of Riverside has initiated the preparation of the County’s next Five-Year Consolidated Plan. This plan is designed to assist the County and its cooperating cities in assessing community needs. The City is required to provide a summary of the City’s 2024- 2029 Consolidated Plan community needs assessment and outreach efforts such as public notices, social media, community meetings, surveys and provide the City’s five-year funding priorities. A community needs survey in both English and Spanish has been posted on the City’s website. Social media posts announcing the survey were posted to the City’s social media accounts. The survey was also distributed at a Palo Verde Economic Alliance Meeting. City staff plans to send information related to the planning process in the City’s December Newsletter and will work to conduct community workshop(s) to better assess the needs of the community. In June the City released a FlashVote survey related to Community priorities. The survey results indicated that residents were most concerned with the condition of City streets and sidewalks, community cleanliness, safety and security, water and sewer infrastructure and parks and landscaped areas. Based on the results of this survey, CDBG eligible projects and the projects currently identified for CDBG funding, it is recommended Council set the 2024-2029 five-year HUD-CPD funding priorities as follows: Housing Rehabilitation through the Home Enhancement Program, Park Improvements, Street and Sidewalk Improvements and Water and Sewer System Improvements. Therefore, subsequent to the Public Hearing, it is recommended Council Apply the $97,808 CDBG Allocation for 2024-2025 to the City’s Home Enhancement Program in partnership with Riverside County HWS; authorize the Interim City Manager to execute the supplemental agreement, along with any subsequent agreements with Riverside County for the allocation of the 2024-2025 CDBG Funds; authorize the City Manager to reprogram funds as required; and set the Community Development priorities for CDBG funding for the 2024-2029 Five Year Consolidated Plan.
No public comment. Councilman Reynolds moved staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
Interim City Manager Crecelius stated Item No. 20, Urgency Ordinance establishing a Temporary Moratorium on the approval of Commercial Solar Energy Facilities was noticed as a Public Hearing. Since we discussed it at the last meeting, I put it under Continued Business on the Agenda. I respectfully request that you move the item to Public Hearing.
Urgency Ordinance Establishing a Temporary Moratorium on the Approval of Commercial Solar Energy Facilities. Interim City Manager Crecelius stated at the last meeting, Council adopted Ordinance No. 925-23-U establishing a 45-day temporary moratorium on the establishment of new commercial solar energy facilities in the City. Earlier this year, the City received applications for the construction and operation of a photo-voltaic (PV) solar array with attached battery storage on property located within the Colorado River Corridor Plan. The land is currently in agricultural production. Staff anticipates that the City will continue to receive applications for the construction of similar facilities in the Colorado River Corridor Plan and throughout the City. The Colorado River Corridor Plan was adopted in 2007 following a comprehensive planning process. It is a comprehensively planned, waterfront-oriented land use plan intended to complement other areas of the City. The City’s vision for the plan area includes providing a variety of housing opportunities to establish viable and livable neighborhoods; preserving valuable open space; developing additional recreational and resort land uses; protecting existing agricultural land uses; creating a multi-purpose recreational trail system; providing additional river access points; and preserving open space while balancing circulation needs. The Blythe Zoning Code does not define or regulate commercial solar energy facilities.
The closest use defined in the Zoning Code is “utility operations facilities,” which are defined by Section 17.08.710 as “facilities involved in the operation of the various public and quasi-public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs”. Such definition was last amended in 1982 and does not clearly, and was not likely intended to, include solar energy facilities. Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, Development Services staff is concerned that commercial solar energy facilities may have adverse effects on City residents. Staff is also concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses in the City and would interfere with achieving the goals and objectives of the Colorado River Corridor Plan. If the City Council does not adopt an extension to the moratorium ordinance, staff is concerned that commercial solar energy projects that are not compatible with surrounding uses may be established. Staff believes it is necessary to study and assess approaches to regulating the scale, design, and location of such facilities in order to ensure they are compatible with residential and other land uses in the City. Staff would like to schedule a Study Session in the first of the year to better study where these projects should be located within the City. Therefore, subsequent to the Public Hearing, staff is recommending that the City Council adopt, by a fourfifths vote, an urgency ordinance to extend the moratorium on the establishment of new commercial solar energy facilities for a period of 10 months and 15 days as authorized by California Government Code section 65858.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
URGENCY ORDINANCE NO. 926-23-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 FOR A PERIOD OF 10 MONTHS AND 15 DAYS AND FINDING THE ORDINANCE IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius provided updates on Save Chuck. Another letter was sent to the Governor outlining the support received for Save Chuck. Assemblyman Garcia received a copy of the letter and now plans to write his own letter to the Governor. He will also issue a Press Release announcing he is still fighting this fight with the City. Professor Eason and his students at Brown University will present their findings to the City during a Special Meeting on December 7
th
. Kosmont Companies is ready to present their preliminary findings to the Council as well. A Study Session will be scheduled in December, and we will do this in the evening to allow for public participation.
No public comment. The item was received and filed.
NEW BUSINESS:
Request to Waive Temporary Use Permit Fees for the Chamber of Commerce’s Tree Lighting Ceremony and Winter Wonderfest. Interim City Manager Crecelius stated the Chamber of Commerce will install a Christmas Tree on a vacant property located at the southeast corner of Spring Street and Hobsonway. Once installed, there will be a tree lighting ceremony on Friday, December 1, 2023. A Temporary Use Permit is required to place this Christmas Tree on vacant property. The Chamber also plans to host its 3
rd Annual Winter Wonderfest at 155 & 175
N. Spring Street (the former Sears and Ashley Home store) on Saturday, December 2, 2023. This event also requires a TUP. It is recommended the Council waive the Temporary Use Permit Fees for the Chamber’s Tree Lighting Ceremony and Winter Wonderfest.
No public comment. Councilman Reynolds moved staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
Letter of Opposition to the Chuckwalla Monument, as drafted. Interim City Manager Crecelius stated Protect the California Desert is working with Congressman Ruis to call on President Biden to use the Antiquities Act to designate the Chuckwalla National Monument in Riverside and Imperial Counties. The Monument would permanently protect approximately 660,000 acres of federal land reaching from the Coachella Valley to the Colorado River. City Officials are concerned with the impacts the proposed monument, as currently drafted may have on the City and its residents. Little outreach has been done with the City or its residents and the City would like the opportunity to meet with Congressman Ruiz to discuss the exclusion of any land east of Desert Center from this proposal. Blythe residents should have a say in what happens in and around Blythe. As such, the City drafted a letter of opposition to the Monument unless amended. Therefore, it is recommended Council direct the Mayor to sign the and distribute a letter of opposition to the Chuckwalla monument as currently drafted.
No public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
ORAL REPORTS:
PUBLIC COMMENT:
Tom Daly of 2591 Fairway Dr. is concerned that the Blythe Courthouse is only open 3 days a week. This has created a problem in us being able to provide the service that the City of Blythe requires in having a courthouse open 5 days a week. The Court is closed on Monday and Wednesdays. Tuesdays are reserved for the felony calendar, Thursday is the misdemeanor and traffic calendar, and Friday is the civil calendar. This happened due to a budget crisis that occurred almost 10 years ago. We were almost closed at that time. Instead of closing completely it was reduced in staff and to 3 days per week. The workload and number of cases continue to build which puts pressure on court staff and the DA’s office and creates a burden to the public and law enforcement. I am not sure what the Council can do about it. The Needles courthouse was closed and has recently re-opened. Menifee is opening a brand-new courthouse. If Needles can re-open and Menifee can have a new courthouse, why can’t Blyth be open 5 days per week? My case load on prison cases is predominately with Ironwood State Prison. I have on average 50 open prison cases per month and Chuckawalla is 1/10th of that. If there is anything the City can do to influence the court being open 5 days per week it would be much appreciated.
Vice Mayor Rodriguez asked if the Indio court was back-logged so much that there would be a benefit to open this court 5 days per week? Mr. Daly said yes, if we were open 5 days per week, we could do misdemeanor trials in Blythe. When this courthouse was built the whole point was to have trial here. Then all of our law enforcement resources don’t have to troupe over to Indo and Riverside for trial.
Councilman Reynolds asked if we could draft a letter from Council and signed by the Mayor to support this request.
City Attorney Roberto stated if you wish to issue such a letter you should agenize this for discussion and that action.
Liz Manjarrez-Cusick of 1174 Encanto Court asked about the grant received from Congressman Ruiz’s Office for the water tower. She said the grant will be opening again. I am a business consultant offering my services to the City.
George Colangeli with Peace from Chaos discussed the RAP Foundation meeting held at the College last week. There will be another meeting in February, and we need your support. The residents of Blythe want to bring this out into the open and we need a champion. Please come to these meetings and be part of them. Decisions about mental health services in Blythe are being made about the community at these meetings. He thanked the Mayor for coming to their Woof Day event.
ADJOURN: The City Council meeting was adjourned at 7:05pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk