Minutes of the Blythe City Council Meeting
April 23, 2024
The April 23, 2024, 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 Halby, and Burton. 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 and Fire Chief Hasler.
The Pledge of Allegiance was led by Mayor DeConinck.
The Invocation was led by Councilman Burton.
Interim City Manager Crecelius stated staff respectfully requests that item #20 be pulled from the Agenda. After the agenda was posted, the applicant provided additional information related to their request. The City Attorney and I need time to review the information submitted and the recommendation could change. The additional information will be provided to Council for review as well. If necessary, the item will be brought back to Council on May 14th.
PROCLAMATION:
DMV/Donate Life Month April 2024. Mayor DeConinck presented the Proclamation to Dave Holland, a volunteer Ambassador with Donate Life and One Legacy. Mr. Holland shared his personal experience with organ donation and how it saved his life.
Interim City Manager Crecelius stated May 2
nd is the National Day of Prayer and the Mayor has
issued a Proclamation commemorating that event.
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, April 19, 2024.
3. Approval of the Warrant Register.
Recommendation: Approve 4/23/24, warrants numbered 10572 through 10603 and 77917 through 77963 in the amount of $619,768.03; 4/23/24, Utility Billing Refund warrants numbered 77964 through 77974 in the amount of $1,097.08; 4/23/24, warrants numbered 10604 through 10625 and 77976 through 78019 in the amount of $395,685.69; 4/23/24, warrants numbered 10626 through 10632 and 78020 through 78055 in the amount of $263,405.83, and 4/23/24, Utility Billing Refund warrants numbered 78056 through 78065 in the amount of $781.82.
4. Approval of the Payroll Register.
Recommendation: Approve 4/23/24, warrants numbered 54305 through 54325 and Direct Deposit warrants numbered 58265 through 58333 in the amount of $295,028.22; 4/23/24, warrants numbered 54326 through 54329 and Direct Deposit warrants numbered 58334 through 58348 in the amount of $28,166.84; 4/23/24, warrants numbered 54330 through 54332 in the amount of $4,622.97; 4/23/24, warrants numbered 54333 through 54352 and Direct Deposit warrants numbered 58349 through 58416 in the amount of $288,009.60; 4/23/24, warrant numbered 54353 and Direct Deposit warrant numbered 58417 in the amount of $649.12; 4/23/24, warrant numbered 54354 through 54375 and Direct Deposit warrants numbered 58418 through 58485 in the amount of $288,184.38 and 4/23/24, warrants numbered 54376 through 54389 and Direct Deposit warrants numbered 58485 through 58582 in the amount of $80,879.48.
5. Minutes of the March 12, 2024, City Council Meeting.
Recommendation: Approve the Minutes of the March 12, 2024, Meeting.
6. City of Blythe Permits Issued for the Months of February and March 2024.
Recommendation: Receive and File the monthly reports.
7. City of Blythe Fire Department Monthly Activity Report for March 2024.
Recommendation: Receive and file the monthly report.
8. City of Blythe Police Department Monthly Activity Report for March 2024.
Recommendation: Receive and file the monthly report.
9. Quality of Life Program Activity Report for March 2024.
Recommendation: Receive and file the monthly report.
10. Investment Report for Third Quarter FY 2023/24.
Recommendation: Accept and file the quarterly report.
11. Agreement between the City and HdL Coren & Cone for Property Tax Consulting and Audit Services.
Recommendation: Authorize the Interim City Manager to execute Agreement No. 2024-017A with HdL Coren & Cone for property tax consulting and audit services by the Interim City Manager and City Attorney for a fixed fee of $13,860 in year one, adjusted annually by the Consumer Price Index for each subsequent year, for a term of 5 years and Authorize the Interim City Manager to order additional work beyond the base services during the contract in accordance with the established rates and execute written order(s) of any increase in compensation in an amount up to $75,000.
12. Measure A Capital Improvement Plan for Fiscal Year 2025-2029.
Recommendation: Adopt Blythe’s Measure A Local Streets and Roads Five (5) year Capital Improvement Plan for Fiscal Years 2025-2029, approve for submission Blythe’s Project Status Report for FY 2023/24, authorize the City Manager to execute Blythe’s Maintenance of Effort Certification Statement, authorize the Director of Finance to make minor amendments, if necessary, to the report per Riverside County Transportation Commission’s procedures for Fiscal Year 2024/25.
13. First Addendum to MOU between City and PVUSD for the 2023/24 School Year and 2024 Summer School Programs.
Recommendation: Authorize the Interim City Manager to execute the First Addendum to the Memorandum of Understanding between City and PVUSD for the ELO Program.
14. Ordinance Establishing the 72-Hour Parking Limit.
Recommendation: Adopt Ordinance No. 929-24:
ORDINANCE NO. 929-24 – AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW SECTION 10.08.070 (PARKING FOR MORE THAN 72 HOURS PROHIBITED; REMOVAL) TO CHAPTER 10.08 (PARKING REGULATIONS) OF TITLE 10 (VEHICLES AND TRAFFICE) 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).
No Public Comment.
Councilman Halby asked for the quarterly Sales Tax reports. He asked if we shopped the HdL agreement at all. Finance Director Elms stated we had an existing agreement with them and did not look for a new consultant.
Vice Mayor Rodriguez moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
Conditional Use Permit 2403-001- Vertical Bridge Holdings, LLC. Interim City Manager Crecelius stated Vertical Bridge Holdings, LLC submitted a Land Use Application for a Conditional Use Permit to construct a new multi-carrier unmanned wireless telecom facility. The 100-foot non-stealth monopole will be comprised of three sectors with three antenna per sector and designed to support a total of three carriers on three levels of the tower. The tower will be located on .68 acre site at 1593 E. Hobsonway. The proposed wireless telecommunications facility will improve the quality of coverage by improving the network’s performance within the coverage objective along Hobsonway and outward as far as the freeway as there is currently less than adequate coverage in the service area. The Blythe Municipal Code allows for a tower height of seventy-five feet in a General Commercial zone. Additional height may be approved by the City Council provided that technical data justifies the need for greater height. Vertical Bridge Holdings, LLC is requesting the Council approve the installation of a 100-foot non-stealth monopole. This is the lowest practical height that will accommodate the needs of the carrier to address the deficiencies within the network at this location. As the Lead Agency under the California Environmental Quality Act, 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 15303- New Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made. The CUP also requires that before Council make its approval, they make the following findings: That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the zone in which the site is located, and the General Commercial Zone does allow for the installation of wireless telecommunications facilities. Secondly, that the proposed location in which the conditional use and the conditions under which it would be operated or maintained will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. As the tower will be installed in conformance with the Blythe Municipal Code, nothing about the project is detrimental to the public health Council may make this finding. Therefore, the proposed project is categorically exempt from CEQA. It is recommended that subsequent to the Public Hearing, Council adopt Resolution No. 2024-009 approving a Notice of Exemption for Conditional Use Permit 2403-001 and Resolution No. 2024-010 approving Conditional Use Permit 2403-001 to allow for the use of a 100-foot non-stealth wireless telecommunications facility on a parcel designated General Commercial.
Councilman Halby stated I remember in the past we gave a lot of trouble to someone wanting to put up a tower higher than 75 feet. Interim City Manager said that was in a residential zone, and there are different rules for development in a commercial zone. The Blythe Municipal Code is very specific about towers in the commercial zone, and that Council does have discretion over tower height. He asked if setbacks were taken into account with the higher tower height. Interim City Manager Crecelius said yes, and the conditions of approval require them to conform to the requirements of the Blythe Municipal Code. Councilman Halby stated my concern is that it’s close to Cottonwood. I hope the measurements are good.
Public Comment. Rob Searcy with SureSite Consulting stated he is here tonight representing Vertical Bridge who is proposing this facility for T-Mobile and future carriers. I accept the conditions provided by staff and we hope you approve us.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The Motion was seconded by Councilman Burton with a unanimous aye vote.
RESOLUTION NO. 2024-009. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION FOR CONDITIONAL USE PERMIT 2403- 001.
RESOLUTION NO. 2024-010. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS AND CONDITION IN SUPPORT OF APPROVAL OF CONDITIONAL USE PERMIT 2403-001 TO ALLOW
THE USE OF A WIRELESS TELECOMMUNICATION FACILITY ON A PARCEL DESIGNATED AS C-G (GENERAL COMMERCIAL).
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius provided an update on the City’s efforts to “Save Chuck”. The Mayor, Vice Mayor and I were asked to present at CVAG’s Public Safety Committee meeting in May. They asked for an update on Save Chuck. The City continues to work with Brown University, Professor Eason, and his students. The semester is ending, and they would like to provide an end of semester presentation which is scheduled for May 2 nd at 4:30pm.
The public is welcome to attend. I would like to discuss the Homelessness, Drug Addiction and Them Reduction Act. During the Community Outlook Conference held on April 4, 2024, Riverside County District Attorney Michael Hestrin made a presentation on The Homelessness, Drug Addiction and Theft Reduction Act. This is an effort to fix some of the issues being experienced related to retail theft and drug use from the passage of Proposition 47. Mr. Hestrin’s presentation stated that since the passage of Proposition 47 in 2014, retail, fuel and cargo theft has exploded, homelessness in California has increased 51% when it has decreased by 11% in the rest of the County and drug addiction has become a humanitarian crisis. The consequences of Prop 47 are impacting public safety and the quality of life for all Californians. If passed, this Ballot Initiative would reclassify retail theft with two or more prior convictions from a misdemeanor to a felony. It would include the aggregation of multiple thefts together to reach $950 and be charged as a felony and would enhance penalties for excessive taking or damage to property and enhance penalties for acting in concert/takeover theft or destruction of property.
Under this act, after two hard drug convictions, prosecutors would have discretion to charge the third hard drug possession offense as a treatment mandated felony. Polling has shown that 89% of voters support changes to Proposition 47 to allow for stronger penalties for trafficking, hard drugs, or repeat offenders of retail theft. The Act is endorsed by retail businesses Associations, community organizations, Law Enforcement, and elected officials. The Save Chuck Campaign has highlighted the impacts to public safety from the closure of CVSP. It is recommended the City Council take a position of support for this Ballot Initiative to show our support for tougher sentencing guidelines for theft and drug offenses. If this ballot initiative is successful, CDCR may need to take another look at prison capacity, bed space and plans for prison closures should theft and drug offenses once again be classified as felony convictions. It is recommended that you receive and file the update on Save Chuck and provide direction to staff on whether or not you would like tot take a position of support for this ballot initiative.
Councilman Halby said I think we can all agree that Prop 47 is not working as intended. It’s also used as an excuse by all hands-on deck to not do anything.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
No public comment.
NEW BUSINESS:
Options to Fill City Council Vacancy. Interim City Manager Crecelius stated Dale Reynolds resigned from the City Council on March 12th. He was first elected to the City Council in November 2015, and his current term will expire when the results of the November 5, 2024 City Council election are certified. California Government Code section 36512 outlines the procedures and timeframe for filling a vacancy on the City Council. Section 36512(b) provides that the City Council has 60 days from the date the vacancy is created to either appoint a person to fill the position or call a special election to fill that position. Based on the date of former Council Member Reynolds’ resignation, the 60-day time period for the Council to take action expires on May 11, 2024. As the City will have an election on November 5, 2024 to fill two seats on the City Council, it is recommended Council call a Special Election to fill the position at the November Election. This would leave the seat vacant until the winners of the November 5, 2024 election take office in December.
No public comment. Councilman Halby moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
Committee Appointments. Interim City Manager Crecelius stated Councilman Reynolds served on several City Standing Committees, the Animal Shelter Ad Hoc Committee, Cal Cites and was the alternate on the CVAG Executive committee. It is recommended the Mayor appoint members of Council to fill the committee vacancies created by his resignation from Council.
The Mayor made the following appointments:
Budget and Finance Committee Johnny Rodriguez
Arts in Public Places Committee Joe Halby
Planning - PRC Committee Joe Halby
Animal Shelter Committee Johnny Rodriguez
Cal Cities Joey DeConinck with Johnny Rodriguez as the alternate CVAG Executive Committee Johnny Rodriguez as the alternate No public comment. The appointments were made.
Mayor DeConinck stated I do business with AZCA Drilling and Pump and want the public to know that before we review the next item.
Beautify Blythe Project- Award of Bid Packages I – IV. Interim City Manager Crecelius stated the Beautify Blythe project consists of improvements to existing conditions at several key City & Transit facilities. The project is funded by $2.9 million in Clean California Grant funds. In February, the City released a notice inviting bids to construct the Beautify Blythe Project. The thought behind this was to provide economies of scale in one large project.
The bid opening was held on February 29, 2024 and no bids were received. Due to concerns expressed by contractors during the bid process related to the time for delivery and size of the project, the City’s design firm provided updated bid documents. This included four projects.
Project 1 consists of the Transit Center improvements. Bus Stops and Solar Lighting, Project Two consists of the Miller Park Improvements, Project Three consists of improvements at the Public Works Yard, including the CNG Restroom Facility and Package Four consists of the Miller Park Ballfield Lighting. In March, the City released another notice inviting bids for each of the four projects for the Beautify Blythe Project. On Tuesday, April 9, 2024, the City held a bid opening and at least one bid was received for each bid package. To complete the Beautify Blythe Project by the grant deadline it is recommended Council award an agreement to AZCA Drilling & Pump, Inc. in an amount not to exceed $825,579 for Package I – Transit Center/Bus Stops/Solar Lights, award an agreement to AZCA Drilling & Pump, Inc. in an amount not to exceed $525,012.50 for Package II – Miller Park; award an agreement to James Burrow DBA Burrow Construction in an amount not to exceed $582,102 for Package III – Public Works Yard, award an agreement to Ace Electric, Inc. in an amount not to exceed $335,000 for Package IV – Miller Park Ballfield Lighting, authorize the Interim City Manager to execute agreements for Packages 1-IV once all bonds and contract documents are approved as to form by the City Attorney; authorize an additional $227,000 for contingencies; authorize an additional $15,000 for plan reviews and inspection services; establish a project budget not to exceed $2,509,693.50 and authorize the Interim City Manager to approve and execute change orders and approve expenditures for engineering and project inspection services during construction within the approved project budget.
Councilman Halby stated he is not pleased with the prices. Interim City Manager Crecelius stated we have an Engineers’ Estimate and we are within the margin of error with these bids.
We’ve done business with everyone in the past but Ace Electric. Kimley Horn checked their references and from what I understand, this is what they do, and they are the premier firm. There was an issue with Johnson Electric needing to rent a crane to do the work, which was costly.
Councilman Halby asked if we could meet the time constraints. Interim City Manger Crecelius stated due to the strict grant deadline liquidated of $1,000 per day will be part of the agreement.
Public Comment. Rob Holt of The Holt Group said we reached out to contractors in the Imperial Valley we have worked with before and they are busy. The projects weren’t big enough to attract them here and it’s hard for them to be competitive with our local contractors.
Vice Mayor Rodriguez moved approval of staff’s recommendations 1-9. The motion was seconded by Councilman Burton with a unanimous aye vote.
ORAL REPORTS:
Councilman Halby provided a Nuisance Abatement Ordinance he would like to consider adopting. He stated it is a lot tougher than our abatement code. He would also like an Ordinance requiring locking dumpsters in the commercial zone. The council directed staff to prepare an Ordinance on locking trash bins. He provided an update on the N. Main Street Mural.
Vice Mayor Rodriguez stated he had a loved one in a car crash in 2001. She was a donor. Her heart, eyes and tissue were donated, and it does make a difference. It does authorize the hospital to hold them until they deem sufficient, and they belong to the hospital until the transplant is made. That was something I didn’t realize until I had that experience. Please check those boxes as you can save someone else’s life.
Councilman Burton thanked the Public Works for filing potholes.
PUBLIC COMMENT:
Shirley Gowens, a resident of N. First Street feels Blythe needs more foot traffic. She provided ideas such as a huge Welcome to Blythe Sign that people could take pictures by, possibly in a park with grass and food vendors. She also thought an indoor park and playground with food vendors next to Smart and Final would be great, so kids could be dropped off while parents shopped.
ADJOURN: The City Council meeting was adjourned at 6:50pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk