Minutes of the Blythe City Council Meeting
December 12, 2023
The December 12, 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 was led by Mayor DeConinck.
The Invocation was led by Vice Mayor Rodriguez.
REPORT FROM CLOSED SESSION:
City Attorney Roberto stated there was no reportable action.
PRESENTATION:
Fiscal Year 2022-2023 Audited Financial Statements. Finance Director Elms stated the 2023 audit has concluded with financial statements prepared. City Management and the Finance Committee met with the audit team earlier today for an in-depth review of the 2023 financials.
Rich Teaman and Rick Gallo with Teaman, Ramirez and Smith will provide a brief overview of the audit report and answer any questions. After their presentation, it is recommended the City Council receive and file the City’s audited financial statements and related documents for 2023.
Rich Teaman of Teaman, Ramirez and Smith stated we have concluded our annual audit of your financial statements. We did meet with the Finance Committee earlier and spent time going into the details. Tonight, I will provide a brief overview. We would like to express our appreciation of your staff in helping us conclude this in a timely manner. As was mentioned, the purpose of this audit is to present financial statements and for us to discuss our opinion regarding those statements. I am happy to report our opinion this year is an unmodified opinion which is the best you can get. The opinion itself includes an emphasis of matter related to the on-going going concern. This has been with you since 2008 and will probably continue for some time. I would like to point out that you have made significant progress regarding that. In the financial statements there is a section called MDNA which is management’s discussion and analysis. This is management’s interpretation of what happened during the year. If you want to know what’s going on, that’s the section to go to. Page 34 talks about the liabilities and I would like to identify two significant ones, for pretty much every government agency related to the net pension obligations and OPEB. Regardless of what you are doing, these are often impacted by factors outside of your control such as interest rates. Bear that in mind when you see large fluctuations when there is just 1 percentage point on the interest rate. This year the General Fund improved its situation dramatically. There was a $2.6 million improvement. There are a few other funds such as the enterprise funds that are in need of future revenue expansion and improvement; but that will take some time. Footnote 24 addresses the going concern issue. In addition to the financial statements there are several other documents presented tonight, one of which is the financial statements for the PFA or Public Finance Authority. This also received an unmodified opinion. The financial statements of the PFA roll up into the City’s financial statements. In addition to the financial statements, we have a report, the internal control and financial compliance report, in that we identify any internal control or financial compliance issues. I am happy to report there are no findings or issues. We also have an agreed upon procedure report related to the appropriation limit. We test that calculation and are happy to report that there were no issues or findings with that calculation. Finally, there is a corresponding letter addressed to the governing body related to the conduct of the audit, if we had issues or disagreements with management during the audit. As you go through that letter you will find that we had no such problems. There are two attachments included showing a more in-depth history and changes in fund balance in the General Fund going back to 2008. As you look at the General fund you can see significant progress has been made over the years, specifically over the last 3-4 years. You are to be commended for that. You still have work to do but have made significant progress.
Councilman Halby stated Rich and Rick always do a very thorough job and appreciate you coming out and doing that for us.
No public comment. The item was received and filed.
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.
2. Posting of the Agenda.
The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, December 8, 2023.
3. Approval of the Warrant Register.
Recommendation: Approve 12/12/23, warrants numbered 10408 through 10433 and 77487 through 77553 in the amount of $487,598.63; 12/12/23, Utility Billing Refund warrants numbered 77554 through 77569 in the amount of $966.07 and 12/12/23, warrants numbered 10434 through 10441 and 77570 through 77606 in the amount of $703,106.47.
4. Approval of the Payroll Register.
Recommendation: Approve 12/12/23, warrants numbered 54045 through 54065 and Direct Deposit warrants numbered 57298 through 57367 in the amount of $283,128.96; 12/12/23, warrants numbered 54066 through 54079 and Direct Deposit warrants numbered 57368 through 57371 in the amount of $41,513.41; 12/12/23, warrants numbered 54080 through 54081 and Direct Deposit warrant numbered 57372 in the amount of $1,233.94; 12/12/23, warrants numbered 54082 through 54083 in the amount of $2,017.84; and 12/12/23, warrants numbered 54084 through 54105 and Direct Deposit warrants numbered 57373 through 57441 in the amount of $303,306.60; 12/12/23, warrant numbered 54106 and Direct Deposit warrants numbered 57442 through 57443 in the amount of $1,702.53 and 12/12/23, warrants numbered 54107 through 54121 and Direct Deposit warrants numbered 57444 through 57538 in the amount of $82,624.82.
5. Minutes of the November 14, 2023, City Council Meeting.
Recommendation: Approve the Minutes of the November 14, 2023, Meeting.
6. City of Blythe Permits Issued for the Month of November 2023.
Recommendation: Receive and file this monthly report.
7. City of Blythe Fire Department Monthly Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
8. City of Blythe Police Department Monthly Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
9. Quality of Life Program Activity Report for November 2023.
Recommendation: Receive and file the monthly report.
10. Annual Report for Community Facilities District No. 2004-1.
Recommendation: Receive and file the Annual Report for CFD No. 2004-1 Special Tax Bonds, Series 2005.
11. Extension of the Temporary Use Permit issued to the California Department of Transportation.
Recommendation: Authorize a twelve-month extension to TUP 2210-001 issued to CalTrans for a testing lab located behind 134 E. Hobsonway for the I-10 Pavement Rehabilitation Project.
12. Fiscal Year 2024 Patrol Vehicle Purchase.
Recommendation: Establish a budget in an amount not to exceed $376,573; authorize the issuance of purchase order(s) for five (5) vehicles in the amount of $282,939.05 to Elk Grove Auto; authorize the issuance of purchase order(s) in an amount not to exceed $78,733.69 to Innovative Emergency Equipment to upfit the vehicles, authorize the issuance of a purchase order(s) to Signs Unlimited in an amount not to exceed $4,900 for decals and authorize the City Manager to issue additional and/or make minor amendments to purchasing contracts in an amount not to exceed $10,000 for any costs that may arise from equipping and taking delivery of the vehicles.
13. Agreement with R&L Watkins, Inc, for Abatement Services at 226 & 228 S. Main Street.
Recommendation: Authorize the Interim City Manager to enter into Agreement No. 2023-061 A with R&L Watkins, Inc. in an amount not to exceed $62,800, authorize 10% for project contingencies, establish a project budget not to exceed $69,080 and authorize the Interim City Manager to take related actions necessary to abate this site.
14. Continued Participation in the Post-Release Accountability and Compliance Team.
Recommendation: Authorize the Interim City Manager to execute the Memorandum of Understanding for continued participation in the Post-Release Accountability and Compliance Team (PACT), and any future amendments to the MOU once reviewed and approved by the City Attorney.
Public Comment. Leslie Jessop-Watkins of 1250 E. Hobsonway applauded the City for the continued work and dedication toward the cleanup of the city. It’s our honor to assist the City in those matters. The Police Department is always on top of trying to help us and assisted us earlier today on a cleanup at the railway with some homeless. The collaborative effort is remarkable and as a citizen I appreciate it.
Councilman Reynolds moved approval of the Consent Calendar. The motion was seconded by Vice Mayor Rodriguez 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 in October, the Council, acting as the Planning Agency, conducted a Public Hearing regarding the proposed Sign Ordinance. At the November Meeting, a Public Hearing was conducted to introduce Ordinance No. 923-23, which was the first of two required public hearings to adopt the Ordinance. During the meeting, staff received feedback during public comment regarding the proposed sign ordinance. Based upon the feedback received, the proposed Ordinance was revised further to provide that signs are owned, installed or controlled by the City are exempt, removed a requirement to record a covenant in connection a mural installation, increased the maximum mural height from 20 to 25 feet above grade, removed the prohibition against murals containing artistic depictions of the business, goods, or services being provided, removed the requirement that digitally printed murals require fire department approval, revised lighting standards for murals and clarified that an application for a sign permit shall be approved if the sign is consistent with the requirements of Chapter 17.26. It should be noted that the process for mural review and approval will be prepared by the City Manager, and a mural sign permit fee will need to be established by Resolution of the City Council. Staff believes the Ordinance as presented is representative of the goals of the City. Therefore, staff recommends Council introduce Ordinance No. 923-23. If introduced this evening, the Ordinance will be brought to Council in January for adoption. The ordinance will go into effect 30 days after its adoption.
Public comment. Cyle George of 291 N. First Street asked about murals containing commercial messages.
Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
ORDINANCE NO. 923-23. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.26 (SIGNS) OF TITLE 17 (ZONING) 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).
Ordinance No. 927-23 Repealing and Replacing Chapter 17.78 (Environmental Evaluation) of Title 17 (Zoning) of the Blythe Municipal Code. Interim City Manager Crecelius stated Chapter 17.78 of Title 17 of the Blythe Municipal Code has section 17.78.010 that states the Planning Director shall make an environmental assessment of all matters requiring action by Council under this title. This section was last amended in 1987. However, the California Environmental Resource Code states the California Environmental Quality Act does not apply to projects in which a public agency rejects or disapproves. It provides that it’s intended to allow for an initial screening of projects on the merits for quick disapproval prior to the initiation of CEQA. By requiring the Planning Director to make an environmental assessment on all matters under this section, it imposes a greater obligation on both city staff and the applicant. City staff is then obliged to comply with requirements that exceed State requirements under the resources code and takes away resources and staff time that could be allocated to other city projects and needs. The proposed ordinance, if adopted, would repeal Chapter 17.78 in its entirety. If repealed, staff would continue to comply with State requirements related to the environmental assessment of projects. Therefore, it is recommended that Council, acting as the City’s Planning Agency, conduct a Public Hearing regarding Ordinance No. 927-23.
No public comment. Councilman Reynolds moved approval of Staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius provided updates on Save Chuck related to the presentation made by the students at Brown University on December 7, 2023, the upcoming Kosmot presentation on the Resiliency Study commissioned by Riverside County and a support letter penned by Assemblyman Garcia.
Councilman Halby stated we need to discuss strategy because they are closing. We need to shift the narrative and see what we can do in terms of negotiation some money for the City and what they are going to do with the facility.
No public comment. The item was received and filed.
Ordinance Prohibiting the Unlawful Possession of Catalytic Converters. Interim City Manager Crecelius stated to address a rise in catalytic converter thefts, the County of Riverside Board of Supervisors adopted an Ordinance making it illegal to possess a catalytic converter that is not attached to a vehicle unless the person has valid proof of ownership. The County shared this Ordinance with its cities. At the October council meeting, staff discussed adopting a similar ordinance for the City, as the County’s ordinance is only enforceable in the unincorporated areas of the County. Council directed the City Attorney to prepare an Ordinance for Council review.
Ordinance No. 924-23 largely mirrors the County’s Ordinance and contains penalty provisions for both criminal and/or administrative penalties including administrative fines of $1,000 for first violation, $2,000 for the second violation and $5,000 for each subsequent violation. 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, it is recommended that Council introduce Ordinance No. 824-23.
No public comment. Councilman Reynolds moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
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).
NEW BUSINESS:
Ordinance Adding Section 2.40.030 relating to Level I Reserve Police Officers.
Police Chief Dale stated the Blythe Polie Department Reserve Unit was established to supplement and assist regular officers in their duties. Reserve Officers provide professional law enforcement services that augment regular staffing levels. The Police Department is expanding the Reserve program to include officers that have special skills such as boat patrol, criminal investigation, instructors, and tactical expertise. This program has also served as a recruitment tool. There are three levels of Reserve Officer Powers. Level 3 is the lowest going up to Level 1.
The Level 1 designation gives that Officer full time peace officer powers. They have the ability to be a single man unit in patrol and can use our firearms. There are laws that restrict what officers, reserves and citizens can carry in off duty situations. This Ordinance would allow them to be considered full time Police Officers so they would be exempt from these new laws. The Ordinance is required by code to include a Council vote to designate Level I Reserve Police Officers. Most Cities have this, dating back to the 1980’s. However, the City’s policy was restrictive in that it required us to issue them a CCW permit, but that did not exempt them from the long guns we use on patrol.
No public comment. Councilman Reynolds moved approval of Staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
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).
Letter Requesting Expansion of Superior Courthouse Hours of Operation. Interim City Manager Crecelius stated during Public Comment at the December meeting there was a discussion about the Riverside Superior Court house in Blythe’s hours of operation. The Courthouse is currently open on Tuesday, Thursday, and Friday. Roughly 10 years ago the court’s hours and staff were reduced for budget reasons. As court services in Riverside County have begun to expand, is it time to request the Blythe Court house resume a five day a week operation? Staff was directed to bring this item back to Council for direction and discussion.
No public comment. Councilman Reynolds directed staff to issue a letter. The motion was second by Councilman Halby with a unanimous aye vote.
ORAL REPORTS:
Police Chief Dale reported Forensic Technician Valerie Hudson has been elected as Property Officer of the Year from the California Association for Property and Evidence, Inland Region.
Valerie is the longest serving member of the Blythe Police Department and has served as a past President of this organization. Forensic Technician Hudson is now up for the State award. We are very proud of Valerie and what she has done.
Councilman Reynolds commended everyone who worked on the Christmas Parade and WinterFest.
Mayor DeConinck echoed those sentiments along with recognizing the Police, Fire, Boarder Patrol and Public Works who assisted with traffic control. The next morning the Pink Trash Bags were out collecting trash. They did a good job. Work is being done on I10 and the roadway has changed. Please be careful when driving.
PUBLIC COMMENT:
Alejandra with GRID Alternatives provided an overview of their non-profit work it the community installing no cost solar systems for qualified homeowners. There are 300 homes in the City that fall within our funded area. We request partnership with the City to serve these homes.
Victoria with GRID Alternatives stated they are here for a formal request for a letter of recommendation we can mail to qualified properties. We would like to use the City’s logo. We now have additional funds to work with apartments in addition to single family homes.
ADJOURN: The City Council meeting was adjourned at 7:05pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk