158
WHEREAS, the City desires to repeal Chapter 17.78; and
WHEREAS, on December 12, 2023, the City Council of the City of Blythe, acting as the City's Planning Agency, held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed repeal of Chapter 17.78 of the Blythe Municipal Code; and
WHEREAS, on , the City Council of the City of Blythe held a second duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony regarding the proposed repeal of Chapter 17.78 of the Blythe Municipal Code; and
WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because the Ordinance will not have a significant effect on the environment; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that the recitals set forth above are true and correct.
SECTION 2. Repeal of Chapter 17.78. The City Council hereby repeals Chapter
17.78 (Environmental Evaluation) of Title 17 (Zoning) of the Blythe Municipal Code in its entirety.
SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of Ordinance No. 927-23
159
the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED this day of , 2024 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
Ordinance No. 927-23
160
CONTINUED
BUSINESS
161
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
COARLTSHES STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Save Chuck
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council receive and file a report on Save Chuck.
FISCAL IMPACT: Impacts to the City of Blythe from the closure of Chuckawalla Valley State Prison include a revenue decline of $2.9 million.
BACKGROUND: In December, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) announced plans to close Chuckawalla Valley State Prison in Blythe by March 2025. The City quickly sprang into action to rally against this closure. The City began contacting State and Federal legislators and held meetings with elected officials, the CDCR Secretary, CVSP Close Down Manager and other CDCR staff members. The City submitted over 40 Public Records requests to the State seeking information related to how CVSP was selected for closure over other older and more costlier prisons in the State's system. Several of the City's requests for information were denied.
The City also went to work on solutions and proposed a swap of CVSP in Blythe for the California Rehabilitation Center (CRC) in Norco. This is a win-win for the Cities and State as a more cost-effective prison will be shuttered in a City that has far more resources to absorb job losses than Blythe. The City of Norco has petitioned for the closure of CRC for years. CRC has been on the State's chopping block since 2012. The State's own Legislative Analyst's report as well as other independent reports find that CRC should be the next CDCR institution to close due to a number of issues including cost to operate and safety.
In January, the City hired Tripeppi Smith for PR Services and the Gonsalves & Son Firm for lobbying efforts in the State Capitol. The City has garnered support from Assemblyman Garcia, State Senators Steve Padilla and Kelly Seyarto, The Riverside County Board of Supervisors, CVAG, fellow Cities in Riverside County, Riverside, San Bernardino and Orange County Sheriff's, the Riverside County District Attorney, PVID, Cal Cities, Crime Victims United, Crime Survivors, and others.
STAFF REPORT: Staff will provide an oral report on the efforts being made to "Save Chuck".
For more information on how you can help with the movement to "Save Chuck", please visit savechuck.org.
ATTACHMENTS:
162
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Ordinance Prohibiting the Unlawful Possession of Catalytic Converters PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany E. Roberto, City Attorney
RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. 924-23:
ORDINANCE NO. 924-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.94 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE BLYTHE
MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) FISCAL IMPACT: None.
BACKGROUND: 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. On September 12, 2023, due to a rise in catalytic converter thefts throughout Riverside County, the Riverside County Board of Supervisors adopted Ordinance No. 987.
Ordinance No. 987 establishes that it is unlawful for any person to possess a catalytic converter that is not attached to a vehicle, unless the person has valid proof of ownership.
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 $1,000 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 $1,000 for the first offense, $2,000 for the second offense within a 36-month period, and $5,000 for any subsequent offenses within a 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.
Ordinance No. 987 is only enforceable in the unincorporated areas of the County. The County shared the ordinance with all City Managers and Mayors in the County, in the event a city wishes to adopt Ordinance No. 987 by reference pursuant to California Government Code §§ 50022.2 and 50022.3.
At the October 10, 2023 Council meeting, the Council provided direction to staff to prepare an ordinance similar to Ordinance No. 987.
STAFF REPORT: Pursuant to Council's direction, staff has prepared the attached proposed 163
Ordinance No. 924-23. The proposed Ordinance largely mirrors the County's ordinance. It makes it unlawful to possess a catalytic converter that is not attached to a vehicle unless the person has valid documentation to verify that the person is in lawful possession of the catalytic converter. It also makes it unlawful to falsify any information in any documentation intended to show lawful possession of a catalytic converter.
The proposed Ordinance mirrors the County's penalty provisions, providing for criminal and/or administrative penalties, including administrative fines of $1,000 for the first violation, $2,000 for the second violation within 36 months, and $5,000 for each subsequent violation within 36 months.
Although thefts of catalytic converters have not been prevalent in Blythe, staff believes adopting an ordinance 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.
Therefore, staff recommends that the Council introduce Ordinance No. 924-23.
ATTACHMENTS:
1. Ordinance No. 924-23
164
ORDINANCE NO. 924-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.94
(UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER) TO TITLE 9 (PUBLIC PEACE, MORALS
AND WELFARE) OF THE BLYTHE MUNICIPAL CODE AND
FINDING THE ORDINANCE IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061(B)(3) (COMMON
SENSE EXEMPTION)
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, the City of Blythe, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the theft of catalytic converters has been an increasing problem in Riverside County in recent years; and
WHEREAS, in Riverside County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were over 300 reports by victims; and
WHEREAS, the external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium, and platinum, in catalytic converters makes these devices a target for thieves; and
WHEREAS, individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and
WHEREAS, finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim; and WHEREAS, the inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts; and WHEREAS, on September 12, 2023, the Riverside County Board of Supervisors adopted Ordinance No. 987 relating to the unlawful possession of a catalytic converter, which ordinance is enforceable in the unincorporated areas of Riverside County; and Ordinance No. 924-23
165
WHEREAS, there are currently no City, State or Federal laws applicable within the City of Blythe to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there are currently no City, State or Federal laws applicable within the City of Blythe to define and punish the recycling or sale of unlawfully obtained catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and WHEREAS, there are currently no City, State or Federal laws applicable within the City of Blythe requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts, and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, this Ordinance is necessary to provide the City of Blythe a means to protect the public, deter this criminal activity, and promote a productive use of Blythe Police Department staff resources by staff responsible for investigating catalytic converter thefts; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that the recitals set forth above are true and correct.
SECTION 2. Amendment to Title 9. Title 9 (Public Peace, Moral and Welfare) is hereby amended to add a new Chapter 9.94 to read as follows:
Chapter 9.94 - UNLAWFUL POSSESSION OF A CATALYIC CONVERTER
9.94.010 - Purpose.
The purpose and intent of this chapter is to deter the theft of catalytic converters throughout the city and to provide the city with reasonable means to address the impact on the community and the victims posed by catalytic converter thefts.
9.94.020 - Definitions.
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ordinance No. 924-23
166
A. "Catalytic converter" means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
B. "Documentation or other proof" means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
1. Bill of sale from original owner with photographs.
2. Verifiable documentation from an auto body shop proving the owner relinquished the catalytic converter to the auto body shop.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated.
5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver's license number of registered vehicle owner.
C. "Lawful possession" means being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a lawful possession.
9.94.030 - Unlawful possession of a catalytic converter.
A. Unlawful possession. It is unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has valid documentation or other proof to verify that the person is in lawful possession of the catalytic converter.
B. Evidence. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within a person's possession and/or by the condition of the dismantled catalytic converters), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
C. Exception. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
Ordinance No. 924-23
167
9.94.040 - Falsification of proof of ownership.
It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show lawful possession of a catalytic converter.
9.94.050 - Violations; penalties.
A. Misdemeanor penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year.
B. State penalties apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.
C. Administrative penalties. Violation of this chapter may be punishable as a criminal offense or by the issuance of an administrative citation in accordance with Chapter
1.26 of this code. The administrative fine for violation of this chapter shall be as follows:
1. An administrative fine of one thousand dollars for the first violation;
2. An administrative fine of two thousand dollars for the second violation within 36 months; and
3. An administrative fine of five thousand dollars for each subsequent violation within 36 months.
D. Separate offenses. Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. Likewise, 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 documentation or other proof of lawful possession of the catalytic converter.
Ordinance No. 924-23
168
E. Non-exclusive remedies and penalties. All remedies and penalties for violations of the prohibitions in this chapter shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal, or civil action, citation, or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by this code or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.
SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Ordinance No. 924-23
169
PASSED, APPROVED AND ADOPTED this day of , 2024, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
Ordinance No. 924-23
170
NEW BUSINESS
171
ПАНІЧНА ПОСТ CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Ordinance Adding a New Section 2.40.030 Relating to Level I Reserve Police Officers
PRESENTED BY: Garth V. Dale, Chief of Police
PREPARED BY: Brittany E. Roberto, City Attorney
RECOMMENDATION: It is recommended that the Council introduce Ordinance No. 928-23:
ORDINANCE NO. 928-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW SECTION 2.40.030 (RESERVE POLICE OFFICERS) TO CHAPTER 2.40 (RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE
BLYTHE MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION)
FISCAL IMPACT: None.
BACKGROUND: The Blythe Police Department Reserve Unit was established to supplement and assist regular sworn officers in their duties. Reserve officers provide professional, low-cost law enforcement services to augment regular staffing levels. The Blythe Police Department is working to expand the Reserve Unit to include reserve officers who have special skills, including boat patrol, criminal investigations, required course instructors and tactical expertise, and use the Reserve Unit as a way for reserve officers to get their foot in the door at the Blythe Police Department with the possibility of becoming a full-time officer in the future.
Reserve officers are required by the Commission on Peace Officer Standards and Training (POST) regulations to meet the same selection standards as full-time officers.
The Legislature has established three levels of reserve peace officers:
Level III (California Penal Code sections 830.6(a)(1) and 832.6(a)(3)) Level III reserve officers may perform specified limited support duties, and other duties that are not likely to result in physical arrests, while supervised in the accessible vicinity by a Level I reserve officer or a full-time regular officer.
Level II (California Penal Code sections 830.6(a)(1) and 832.6(a) (2)) Level II reserve officers may perform general law enforcement assignments while under the immediate supervision of a peace officer who has completed the Regular Basic Course. These officers may also work assignments authorized for Level III reserve officers without immediate supervision.
172
Level I (California Penal Code sections 830.6(a)(1) and 832.6(a)(1) Level I reserve officers may work alone and perform the same duties as full-time regular officers.
Pursuant to California Penal Code section 830.6(a)(2), the City may appoint a Level I reserve police officer to full peace officer powers and duties provided by California Penal Code section 830.1 by ordinance, referred to as a "designated" Level I reserve police officer. On the other hand, the authority of a "non-designated" Level I reserve police officer only extends for the duration of assignment to specific law enforcement functions.
STAFF REPORT: Currently, Level 1 reserve police officers who have completed all the training required of a full-time officer are unable to quality with and carry some issued firearms including long guns. Also, because of recent changes in law regarding civilian concealed -weapons permit holders, reserve police officers cannot carry a concealed firearm in public buildings, parks and most public places when they are off duty. Designating Level 1 reserve officers provides an exemption to the new civilian concealed weapons laws for the officer and allows them to act on behalf of the City when called upon. Reserve police officers engage with the same suspects as full-time officers both on and off duty and once qualified and trained and should be able to exercise the same rights and responsibilities as a full-time officer.
As outlined above, an ordinance is required to appoint Level I reserve police officers as "designated" Level I reserve police officers. Staff has prepared the attached proposed ordinance, which would add a new Section 2.40.030 to Chapter 2.40 of the Blythe Municipal Code. The new Section 2.40.030 would:
• Subject to the City Manager's approval, authorize the Chief of Police to appoint a qualified Level I reserve police officer as a "designated" Level I reserve police officer. • Provide that Level I reserve police officers who have been appointed as "designated" in writing by the Chief of Police shall possess the full powers and duties of peace officers set forth in California Penal Code section 830.1.
• Provide that any Level I reserve police officer not appointed as a "designated" Level I reserve police officer is a "non-designated" Level I reserve police officer, whose authority shall extend only for the duration of the reserve police officer's specific assignment.
• Authorize the Chief of Police to revoke the authority of any reserve police officer at any time.
Staff recommends that the City Council introduce Ordinance No. 928-23.
ATTACHMENTS:
1. Ordinance No. 928-23
173
ORDINANCE NO. 928-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, ADDING A NEW SECTION
2.40.030 (RESERVE POLICE OFFICERS) TO CHAPTER
2.40 (RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS) OF TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE BLYTHE
MUNICIPAL CODE AND FINDING THE ORDINANCE IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
(COMMON SENSE EXEMPTION)
The City Council of the City of Blythe hereby finds and declares as follows:
WHEREAS, the Blythe Police Department Reserve Unit was established to supplement and assist sworn police officers in their duties; and WHEREAS, pursuant to California Penal Code section 830.6(a)(2), whenever a qualified person is deputized or appointed by the proper authority as a reserve police officer, and is so designated by local ordinance, and is assigned to the prevention and detection of crime and the general enforcement of the laws of the State of California by that authority, the person is a peace officer if the person qualifies as set forth in California Penal Code section 832.6(a)(1); and
WHEREAS, a person designated as a peace officer pursuant to California Penal Code section 830.6(a)(2) has the full powers and duties of a peace officer as provided by California Penal Code section 830.1; and
WHEREAS, pursuant to California Penal Code section 830.6(a)(1), the authority of a non-designated reserve police officer extends only for the duration of the person's specific assignment; and
WHEREAS, Blythe's Level I reserve police officers are currently considered "non- designated" and, as a result, they may only carry out peace officer powers during their designated working hours; and
WHEREAS, the City Council desires to grant the Chief of Police the authority to appoint "designated" Level I reserve police officers and effectuate their ability to fully carry out all peace officer powers twenty-four (24) hours per day; and WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.
Ordinance No. 928-23
174
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that the recitals set forth above are true and correct.
SECTION 2. Amendment to Chapter 2.40. Chapter 2.40 (Recruitment and Training of Law Enforcement Officers) of Title 2 (Administration and Personnel) is hereby amended to add a new Section 2.40.030 to read as follows:
2.40.030 - Reserve police officers.
A. Subject to the approval of the city manager, the chief of police has the authority to select and appoint any reserve police officer that has qualified as a Level I reserve police officer pursuant to California Penal Code section 832.6(a)(1) as a "designated" Level I reserve police officer as provided by California Penal Code section 830.6(a) (2).
B. Pursuant to California Penal Code section 830.6(a)(2), those reserve police officers who have qualified as Level I reserve police officers pursuant to California Penal Code section 832.6(a)(1) who have been appointed as "designated" Level | reserve police officers in writing by the chief of police shall possess the full powers and duties of peace officers set forth in California Penal Code section 830.1.
C. Any Level I reserve police officer not appointed as a "designated" Level I reserve police officer as provided in this section is a "non-designated" Level I reserve police officer as provided in California Penal Code section 830.6(a)(1). The authority of a non-designated Level I reserve police officer shall extend only for the duration of the reserve police officer's specific assignment.
D. The chief of police may revoke the authority of any reserve police officer at any time.
SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Ordinance No. 928-23
175
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this day of _ 2024, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
Ordinance No. 928-23
176
FIRST
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Letter Requesting Expansion of Superior Courthouse Hours of Operation PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council provide direction to staff.
FISCAL IMPACT: None.
BACKGROUND: At the November 14, 2023, City Council Meeting, Tom Daly spoke during Public Comment about the Superior Court in Blythe being closed every Monday and Wednesday. It was reported that the reduction in service occurred about 10 years ago due to budget cuts. At the time, closing the Courthouse was contemplated, but it was ultimately decided that the court staff and hours of operation would be reduced. Since then, court cases have not dwindled, but have continued to increase. This puts pressure on both Court staff and the District Attorney's office. The lack of service five days a week causes hardships for residents who may have delays in having their cases heard. It also puts pressure on local law enforcement resources as Officers are required to travel to the Coachella Valley for court hearings that could be heard in Blythe if the court was open five days a week.
Recently, the Needles Courthouse was re-opened after closure due to budget cuts and a new Courthouse is being bult in Menifee. If this can occur, should the Blythe Courthouse not resume service 5 days a week? It was also reported that the closure of Chuckawalla Valley State Prison would not reduce case loads or the need for Blythe residents to have court service 5 days per week.
STAFF REPORT: During this discussion it was suggested that the City draft a letter for the letter it is recommended that Council provide direction to staff.
ATTACHMENTS: None
177
SUCCESSOR
AGENCY
178
SUCCESSOR AGENCY
TO THE BLYTHE REDEVELOPMENT AGENCY
Blythe *
BOARD OF DIRECTORS
STAFF REPORT
MEETING DATE: December 12, 2023
SUBJECT: Resolution No. SA 2023-001 Approving the Agency's Recognized )bligation Payment Schedule and Administrative Budget for the period July 1, 2024, through June 30, 2025
PRESENTED BY: Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION:
1. Adopt Resolution No. SA 2023-001 of the Successor Agency to the Blythe Redevelopment Agency approving the Recognized Obligation Payment Schedule and Administrative Budget for the period July 1, 2024, through June 30, 2025.
2. Direct Staff, on behalf of the Successor Agency, to submit Resolution No. SA 2023-001 to the Countywide Oversight Board of the County of Riverside and the Department of Finance for review and approval pursuant to the Health and Safety Code, as applicable.
FISCAL IMPACT: Tax increment revenue from the Redevelopment Property Tax Trust Fund ('RPTTF") to pay the Former Redevelopment Agency's enforceable obligations for the period July 1, 2024, through June 30, 2025.
BACKGROUND: The former Redevelopment Agency for the City of Blythe (Former Agency") was formed, existed, and exercised its powers pursuant to the Community Redevelopment law.
Pursuant to Assembly Bill No. 1x26, as modified by Assembly Bill No. 1484 enacted on June, 27 2012, and as further modified by Senate Bill No. 107 enacted September 22, 2015, which added or amended Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code (" Dissolution Act"), the Former Agency was dissolved on February 1, 2012 and the Successor Agency to the Redevelopment Agency for the City of Blythe ("Successor Agency") was vested with all authority, rights, power, duties and obligation for the Former Agency.
Pursuant to the Dissolution Act, the Successor Agency must prepare a Recognized Obligation Payment Schedule ("ROPS) and Administrative Budget for each fiscal year commencing July 1 and ending on June 30, for the Countywide Oversight Board of the County of Riverside and Department of Finance ("DOF") to review and approve.
STAFF REPORT: Staff has prepared the proposed ROPS as shown in Attachment "A" and an Administrative Budget as shown in Attachment "B" for the period July 1, 2024, through June 30, 2025, for the Board of Directors to the Successor Agency's review and approval. Below is an explanation of each of the items listed on the ROPS including the corresponding ROPS item number for identification purposes:
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1) Tax Allocation Bonds and Refunding Bonds - The Former Agency used bonds as a funding source for projects and allowable expenditures within the project area. The repayment of these bonds is considered an enforceable obligation under the Dissolution Act.
ROPS Item #3 - 1996A Tax Allocation Bonds
ROPS Item #5 - 1997 Tax Allocation Bonds
ROPS Item #6 - 2000A Tax Allocation Bonds
ROPS Item #8 - 2003A Tax Allocation Bonds
ROPS Item #13 - 2006A Tax Allocation Bonds
ROPS Item #14 - 2006B Tax Allocation Bonds
ROPS Item #16 - 2011A Tax Allocation Bonds
ROPS Item #35 - 2013 Refunding Bonds
ROPS Item #38 - 2015 Refunding Bonds
2) Fiscal Agent Fees - Fees associated with the administration of all bond issuances by US Bank.
ROPS Item # 21
3) LRPMP Property Maintenance and Appraisal Updates - Costs associated with maintenance of property listed for disposal per LRPMP.
ROPS Item # 51 and # 56
4) Administrative Cost Allowance - Pursuant to the Dissolution Act the Successor Agency is eligible to receive an Administrative Cost Allowance in the minimum amount of $250,000 for each ROPS period for reimbursement of administrative costs to the agency.
ROPS Item #28
It is recommended that the Board of Directors to the Successor Agency adopt Resolution No. SA 2024, through rune 0, 2025, and authorize stad A ministrative Bune de Ohersegiod board 1, the County of Riverside and Department of Finance ROPS FY 2024-2025 and Administrative Budget for further review and approval.
ATTACHMENTS:
1. Resolution No. SA 2023-001
2. Attachment A - ROPS FY 2024-2025
3. Attachment B - Administrative Budget
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RESOLUTION NO. SA 2023-001
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE BLYTHE
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE
BUDGET FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30,
2025 AND TAKING RELATED ACTIONS IN CONNECTION
THEREWITH
WHEREAS, the Redevelopment Agency for the City of Blythe (the "Former 4gency) was formed, existed and exercised its powers pursuant to the Community Redevelopment Law (California Health and Safety Code section 33000 et seq. the "CRL");
WHEREAS, the California state legislature enacted Assembly Bill 1x 26, as modified by Assembly Bill No. 1484 enacted on June 27, 2012, as further modified by Senate Bill No. 107 enacted on September 22, 2015, as such may be further amended (collectively, the "Dissolution Act"), adding or amending Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code, to dissolve redevelopment agencies formed under the CRL;
WHEREAS, pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012, the Successor Agency to the Blythe Redevelopment Agency, a separate legal entity (the "Successor Agency") was formed to and charged with paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the dissolved Former Agency;
WHEREAS, upon dissolution of the Former Agency, all authority, rights, powers, duties and obligations previously vested with the Former Agency (except for the Former Agency's housing assets and functions) under the CRL vested in the Successor Agency, which was declared a separate legal entity effective June 27, 2012; WHEREAS, the Successor Agency must prepare a proposed Recognized Obligation Payment Schedule for the period of July 1, 2024, through June 30, 2025 ("ROPS FY 2024-2025), substantially in the form shown in Attachment "A", attached hereto and incorporated herein by this reference;
WHEREAS, the Successor Agency must prepare a proposed administrative budget for the period commencing on July 1, 2024, and continuing through June 30, 2025, substantially in the form shown in Attachment "B", attached hereto and incorporated herein by this reference;
WHEREAS, the Successor Agency is entitled to an administrative cost allowance (the "Administrative Cost Allowance") pursuant to Sections 34171(b) and 34183(a)(3) of the Health and Safety Code in the amount not less than $250,000 for the 2024-2025 fiscal year of which $125,000 will be disbursed July 1, 2024, and $125,000 will be disbursed January 2, 2025;
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WHEREAS, the accompanying staff report, and attachments, attached hereto and incorporated herein by this reference, provide the supporting information upon which the actions set forth in this Resolution are based.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE BLYTHE
REDEVELOPMENT AGENCY, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Successor Agency hereby approves the proposed ROPS FY 2024-2025, substantially in the form attached hereto as Attachment A. Staff of the Successor Agency is hereby authorized and directed to provide the Countywide Oversight Board for County of Riverside the attached ROPS FY 2024-2025 for its consideration and approval.
Section 3. The Successor Agency hereby approves the proposed Administrative Budget 2024-2025, substantially in the form attached hereto as Attachment B. Staff of the Successor Agency is hereby authorized and directed to provide the Countywide Oversight Board for County of Riverside the attached Administrative Budget 2024-2025 for its consideration and approval.
Section 4. The officers of the Countywide Oversight Board and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution.
PASSED, APPROVED AND ADOPTED this 12*h day of December, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck, Chair
ATTEST:
Mallory Crecelius, Secretary
(SEAL)
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ATTACHMENT A
SUCCESSOR AGENCY TO THE BLYTHE REDEVELOPMENT AGENCY
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(July 1, 2024, through June 30, 2025)
183
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Blythe
County: Riverside
24-25A Total 24-25B Total ROPS 24-25
Current Period Requested Funding for Enforceable (July - (January - Obligations (ROPS Detail) December) June) Total
A Enforceable Obligations Funded as Follows (B+C+D)
Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)
F RPTTF 1,299,504 1,428,293 2,727,797
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,424,504 $ 1,553,293 $ 2,977,797 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (0) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
184
Blythe
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
= = =
ROPS 24-25A (Jul - Dec) ROPS 24-25B (Jan - Jun)
Obligation Agreement Agreement Total ROPS 24-25A 24-25B Execution Termination Description Project Outstanding Retired 24-25 Fund Sources Fund Sources I'm Project Name Type Payee Total Total
Date Date Area Obligation Bond Reserve Other Reserve Other Admin Proceeds Balance Funds RPTTF RPTTF Proceeds Balance Funds RPTTF RPTTF $33,300,146: $2,977,797 s- $1,299,504 $125,000$1,424,504 S. 51,426,793 5126, 000 54,559 203 12/01/ 05/01/2026 US Bank Principal/ Project 174,880 $89,920 4,960 $4,960 84,960 $84,960 Trust N.A. Interest
Payment No. 1
11/01/ 05/01/2028 US Bank Principal/ Project 936,220 $237,270 23,635 $23,635 213,635 $213;635 Trust N.A. Interest Area
Payment No. 1
11/01/ 05/01/2031 US Bank Principal/ Project 467,650 $67,940 11;470 $11,470 56,470 $56,470 Trust N.A. Payment No. 1
01/01/ 05/01/2033 US Bank Principal/ Project 891,640 $98,360 19,180 $19,180 79,180 $79,180 2003 Trust N.A. Interest Area
Payment No. 1
13 11/01/ 05/01/2037 US Bank Principal/ Project 2,530,536 $211,998 211,998 - $211,998 2006 Trust N.A. Interest Area
Payment No. 1
14 11/01/ 05/01/2026 US Bank Principal/ Project 297,675 $148,225 148,225 - $148,225 i 2006 Trust N.A. interest Area
Payment No. 1
16 02/01/ 05/01/2038 US Bank Princioal/ Project 7,133,138 $510,988 510,988 $510,988 Trust N.A. Interest Area
Payment No. 1
21 12023. 06/30/2024 Bank Bond Fees Project 35,000 $36,000 17,500 $17,500 17,500 $17,500 Area
No. 1
28 06/30/2024 City of Admin Project 250,000 $250,000 - 125,000 $125,000 = 125,000 $125,000 Blythe Expenses Area
No.1
35 Refunding 11/06/ 05/01/2038 US Bank Principal/ Project 4,104,588 $294,676 62,338 $62,338 232,338 $232,338 Bonds 2014 Trust N:A. Interest Area
Issued After Payment No: 1
6/27/12
Refunding 09/231 05/01/2038 US Bank Principal/ Project 16,458,819 $1.013,420 269,210 $269,210 744,210 $744,210
Bonds 2015 Trust N.A. Interest Area
Issued After Payment No. 1
6/27/12
- M N = =
ROPS 24-25A (Jul - Dec) ROPS 24-25B (Jan - Jun)
Obligation Agreement Agreement Total ROPS Fund Sources
item Project Name Execution Termination Payee Description Project Outstanding Retired 24-25 24-25A Fund Sources 24-25B Type Area Bond Total Total
Date Date Obligation Reserve Other Admin Bond Reserve Other Admin Proceeds Balance Funds RPTTF RPTTF Proceeds Balance Funds RPTTF RPTTF 51 Disposition of Property 06/30/2023 City of Costs related 10,000 $10,000 10,000 $10,000 Properties - Dispositions 2022 Blythe to updated
Appraisal appraisal for
Updates disposal of
properties per
LRPMP
56 Paintenance Mamtenance 12023 Property: 07/01/ 06/30/2024 Contracted Costs related 10,000 $10,000 10,000 $10,000 to maintaining
- LRPMP Party- properties for
T.8D disposal per
LRPMP:
Weed
abatement,
ongoing
maintenance
issues; well
abandonment.
blight cleanup
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ATTACHMENT B
SUCCESSOR AGENCY TO THE BLYTHE REDEVELOPMENT AGENCY
ADMINISTRATIVE BUDGET
(July 1, 2024, through June 30, 2025)
187
SUCCESSOR AGENCY OF THE
BLYTHE REDEVELOPMENT AGENCY
ADMINISTRATIVE BUDGET
JULY 1, 2024 TO JUNE 30, 2025
Estimated Administrative Costs:
A ministrative Services period Jan a, rough i me 5031, 2054 Administrative Services period- July 1 $125,000 $125.000
Total Proposed Administrative Budget $250,000
Proposed Source of Payment
Administrative Cost Allowance Pursuant to HSC Section 34171(b) $250,000 Including, but not limited to:
City Staff Services
City Attorney Services
General Operational Costs (Building, Software, Supplies, etc..) 188
REPORTS
189
PUBLIC
COMMENT
190
ADJOURN
191