Minutes of the Blythe City Council Meeting
May 14, 2024
The May 14, 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.
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 Friday, May 10, 2024.
2. Approval of the Warrant Register.
Recommendation: Approve 5/14/24, warrants numbered 10633 through 10643, 78066 and 78068 through 78115 in the amount of $356,370.36.
3. Approval of the Payroll Register.
Recommendation: Approve 5/14/24, warrants numbered 54390 through 54410 and Direct Deposit warrants numbered 58583 through 58650 in the amount of $280,199.31; 5/14/24, warrants numbered 54411 through 54412 in the amount of $90.56; 5/14/24, warrant numbered 54413 and Direct Deposit warrant numbered 58651 in the amount of $1,805.60; 5/14/24, warrants numbered 54414 through 54435 and Direct Deposit warrants numbered 58652 through 58718 in the amount of $282,748.18 and 5/14/24, warrants numbered 54436 through 54448 and Direct Deposit warrants numbered 58719 through 58815 in the amount of $75,607.27.
4. Minutes of the April 23, 2024, City Council Meeting.
Recommendation: Approve the Minutes of the April 23, 2024 Meeting.
5. City of Blythe Permits Issued for the Month of April 2024.
Recommendation: Receive and File the monthly report.
6. City of Blythe Fire Department Monthly Activity Report for April 2024.
Recommendation: Receive and file the monthly report.
7. City of Blythe Police Department Monthly Activity Report for April 2024.
Recommendation: Receive and file the monthly report.
8. Quality of Life Program Activity Report for April 2024.
Recommendation: Receive and file the monthly report.
9. Amendment Number One to Police Chief Employment Agreement.
Recommendation: Authorize the Interim City Manager to execute Amendment Number One to Police Chief Employment Agreement between the City of Blythe and Garth V. Dale.
10. Biennial Review of the City’s Conflict of Interest Code.
Recommendation: Direct staff to review the City’s Conflict of Interest Code and report to the City Council no later than October 1, 2024, regarding whether or not an amendment to the Code is required.
11. Acceptance of Work – Engevik Park Playground Shade Structure Park Improvements Project.
Recommendation: Accept the work performed by Ortco, Inc. for the installation of a commercial grade fabric shade structure at Engevik Park. It is further recommended Council authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.
12. Annual Consumer Price Index and Landfill Rate Adjustment.
Recommendation: Approve the annual rate adjustments submitted by CR&R pursuant to Section
22.7.1 of the Solid Waste and Recycling Services Agreement.
13. Annual Military Equipment Report Pursuant to Assembly Bill 481.
Recommendation: Receive and file the Annual Military Equipment Report.
14. Action Alert from Cal Cities for Support and Opposition of proposed State Legislation.
Recommendation: Authorize the Interim City Manager to provide letters of opposition to AB 1886, SB 1037, SB 1164, SB 1494 and letters of support to AB 1799, AB 1990, AB 1960 and SB 923. It is further recommended Council support Senator Glazer’s request for the Joint Legislative Audit Committee (JLAC) to approve an audit to evaluate the housing element review process conduced by the California Department of Housing and Community Development (HCD).
15. Annual Assessment for Lighting District Nos 1 and 2 for Fiscal Year 2024-2025.
Recommendation: Council adopt the following Resolutions:
RESOLUTION 2024-011 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2024-2025 ASSESSMENT TO BE LEVIED WITHIN THE CITY OF BLYTHE LIGHTING DISTRICT NO. 1.
RESOLUTION 2024-012 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINIARY APPROVING THE ENGINEER’S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO.1,
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2024-2025 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS.
RESOLUTION 2024-013 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2024-2025 ASSESSMENT TO BE LEVIE WITHIN THE CITY OF BLYTHE LIGHTING DISTRICT NO. 2.
RESOLUTION 2024-014 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, PRELIMINARY APPROVING THE ENGINEER’S REPORT FOR CITY OF BLYTHE LIGHTING DISTRICT NO. 2,
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2024-2025 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS.
No Public Comment.
Interim City Manager Crecelius stated before you vote on the Consent Calendar, I must provide an oral report on the Police Chief’s Employment Agreement. Government Code Section 54953(c)(3) requires the City to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of local agency executives, during the open meeting in which the final action is to be taken. The Police Chief is a “local agency executive” for whom an oral report is required. Amendment Number One to the Police Chief Employment Agreement, which is Item # 9 on tonight’s Consent Calendar, provides for a two-year extension to the Police Chief’s employment agreement, through September 2026. In lieu of increasing the Police Chief’s base salary during the extension period, the amendment provides that the City will transfer the Police Chief’s City-issued vehicle to the Police Chief at the end of the two-year period. It is estimated the vehicle will have a value of $18,000 at the end of the two-year period. The amendment also provides for a cash payout to the Police Chief if the Police Chief separates from his employment with the City or the vehicle is totaled before the end of the two-year period. The amendment outlines the same employment benefits the Police Chief has received pursuant to his employment agreement, with the exception of a $2.50 increase in his uniform allowance for consistency with the uniform allowance provided to the Sworn Unit.
Vice Mayor Rodriguez moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
Hidden Beaches Water Supply Improvement Project. Interim City Manager Crecelius stated in August 2023, the City received a Compliance Order regarding manganese levels in the existing well at the Hidden Beaches Water System. The City is required to demonstrate to the Water Board that with the implementation of a water treatment system, the concentration of manganese in the water delivered to customers will meet the State water quality standard by August 2026. In October 2023, the City engaged The Holt Group to prepare a Preliminary Design Report for the Hidden Beaches Well Site and Manganese Removal System. The proposed project includes the addition of a package treatment system to the existing water supply system to reduce manganese levels in the water source. The existing 330,000-gallon water reservoir that serves the Hidden Beaches Water System is more than 20 years old and has met its useful life. To address this, the water reservoir will be replaced as part of the water system’s improvement project. In February, Council adopted a resolution authorizing staff to file a financial assistance application with the SWRCB for the Hidden Beaches Water System Treatment, Filtration and Storage project. The application requests $1.98 million in funding for the improvements. Before the project is constructed, the City must comply with CEQA. It was determined that the Hidden Beaches Water System project is categorically exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15302(c) replacement or reconstruction of existing facilities. The CEQA Exemption Environmental Review Report describes the proposed project and assesses each of the criteria required to qualify for the categorical exemption from CEQA. The City has determined that the proposed project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines which include Cumulative Impact. The project site is within a portion of the existing Hidden Beaches community. The site and surrounding lands have been in use for decades. The proposed water tank replacement and water treatment system is related to ongoing infrastructure maintenance and improvement projects throughout the City. As a replacement and improvement of an existing part of the established water system, it has no relation to any successive projects of the same type in the City that could result in adverse cumulative effects. Therefore, there will not be significant cumulative impacts. Significant Effect, there are no unusual circumstances that exist on or around the water supply system property and adjacent lands that could have a reasonable possibility to result in significant adverse effects on the environment. Traffic, noise and air quality effects will be negligible and will not change in any way from the existing conditions. Therefore, there is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. Scenic Highways, there are no designated scenic highways in proximity to the project site. Hazardous Waste Sites, the project site is not on any EnviroStor list of known or reported contaminated sites maintained by the Department of Toxic Substances Control. Historical Resources, there are no historical resources located on or in the vicinity of the project site and there is no potential for such resources to be impacted by the water system improvements. Therefore, it is recommended that Council find that the Hidden Beaches Water Supply System Improvements Project at 4551 Hidden Beaches Drive in Blythe is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15302 (replacement or reconstruction of existing facilities) and direct staff to file a Notice of Exemption for the project with the County Clerk.
No public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius stated last week we learned that the Governor’s May Revise Budget included language that would expedite the closure of Chuckawalla Valley State Prison from March 2025 to November 2024. Due to this, we have discussed a change in strategy, and where we go from here. This Monday, the Vice Mayor presented during CVAG’s Public Safety Committee meeting. We’ve learned that the Federal Correctional Institute in Dublin, California would be closed due to sexual abuse at the facility.
The closure means these women will end up in facilities that might be very far from their homes as the next closest federal women’s facilities are in Texas. The City is also looking for opportunities to sustain and grow our community and economy as CDCR moves forward with the proposed closure of CVSP. Due to the State’s accelerated closure of CVSP, the City needs to focus on mitigation measures to offset the impacts the closure will have on our community. As the Federal Government looks to place inmates from the shuttered Dublin facility, CVSP might provide a solution palatable to both the State and Federal Government and could help the city retain some jobs. As CVSP has the infrastructure necessary to accommodate inmates, it would be much more cost effective for the Federal Government to use an existing facility, than build a new one. The State could lease the site to the Federal Government which would allow CDCR to retain the site as a prison, should future needs and bed space warrant, without spending money maintaining an empty facility. Vice Mayor Rodriguez had initial conversations about this idea with our Federal representative. To continue the conversation, it would be necessary for the Council to take a position of support to lobby to bring a Women’s Federal Prison to CVSP.
Councilman Halby said I don’t want to throw a lot of money at that, but we can send a letter of support. It’s built to be a prison so repurposing it is a whole other ballgame. This is a natural movement.
Vice Mayor Rodriguez stated the Dublin facility was closed due to corruption. This closure seemed to happen quickly. I spoke to Congressman Ruiz’s Office, and he said he would put it to the Federal Board of Prisons to see if there is any traction. The facility was holding about 700 inmates so it’s not a total replacement for CVSP. If it goes our way, it could bring some jobs that take care of 700 inmates and it’s better than an empty facility. A lot of the family units for these inmates are in the western area. Most of these females will be transferred to Florida, so their families are protesting as this is a big relocation for them. It won’t cost us any more money to lobby for this. Cities in the Coachella Valley have said they would issue letters of support asking the State to conduct a hearing to determine what will happen to that facility. If we don’t push, that facility will sit for three years before anything is done with it.
Councilman Halby stated he thinks in a few years the State will expand Ironwood into Chuckawalla.
Public Comment. Diane Easley of 2450 E. Hobsonway asked what makes him believe they will expand Ironwood into Chuckawalla.
Vice Mayor Rodriguez moved to support lobbying State and Federal Officials to turn CVSP into a Federal Women’s Facility. The motion was seconded by Councilman Halby with a unanimous aye vote.
NEW BUSINESS:
Participation in the Operation Stonegarden Grant Program (OPGS). Police Chief Dale stated Police Department staff has been searching for funding to put more boots on the ground to continue to combat the steady flow of illegal drugs, including fentanyl and guns used in violent crimes in our community. The Stonegarden Operation Grant program is funded through the Department of Homeland Security and funneled through the California Office of Emergency Servies to practicing law enforcement agencies. The funds are distributed as reimbursements to law enforcement agencies that participate in the operation. The goal of the operation is to enhance law enforcement preparedness and operational readiness along the border. This will entail mobile interdiction along the highways and roads leading in and out of Palo Verde Valley, follow-up investigations and participating in multi-agency operations. In years past, the Blythe Police Department practiced in the Stonegarden program. However, the state laws around immigration enforcement and intelligence sharing changed and we were forced to drop out. The immigration enforcement piece of this grant is no longer required which allows us to participate again. The United States Border Patrol assisted us with qualification in the El Centro sector as a friendly force. This made us eligible under the Imperial County wing of this grant. If approved, approximately $47,000 will be available for our use for personnel and mileage during the next twelve months. After that, we plan to apply for additional funding for personnel and equipment.
Public Comment. Diane Easley of 2450 E. Hobsonway stated our border is wide open. There should be no funds granted without border security. The borders need to be closed. Our officers should be protecting the people of the United States of America.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote.
CVAG Public Safety Committee Appointment. Interim City Manager Crecelius stated CVAG has a Public Safety Committee in which Vice Mayor Rodriguez has participated on behalf of the City of Blythe. CVAG’s records indicate that Mayor DeConinck is the City’s appointee to this committee. After a review of actions taken to appoint members of the Council to fill committee positions, the Mayor has not designated a member of Council to serve on this committee. It is recommended the Mayor appoint Vice Mayor Rodriguez to the CVAG Public Safety Committee.
No Public Comment. Mayor DeConinck appointed Johnny Rodriguez to the CVAG Public Safety Committee.
Award of Contract for City Audit Servies. Finance Director Elms stated the City is required to have an independent audit of its financial statements conducted on an annual basis.
Blythe has engaged Teaman, Ramirez and Smith for financial audit services and preparation of its financial reports since the early 2000’s. Although staff was satisfied with the service, they announced in February their retirement from Government auditing. In response, the City issued a Request for Proposals for Auditing Servies, released in March of this year. The Notice Inviting Bids was posted as required, and sent to twelve qualifying firms. The City received one proposal from CliftonLarsonAllen LLP, (CLA). CLA’s proposal was reviewed by the Interim City Manager and myself. CLA meets both the mandatory elements and technical qualifications outlined in the RFP. CLA services over 130 California municipalities, special purpose governments, and School Districts. The firm’s last external quality control report was rated a pass, which is the highest rating given. CLA’s Irvine location was proposed to serve Blythe’s engagement. During evaluation of CLA’s proposal, staff was concerned with the cost proposal.
Although it would have carried less weight than the mandatory and technical qualifications, it would have been considered had the City received multiple proposals. Staff was concerned with why only one proposal was received. We reached out to several firms to inquire as to why they did not submit a proposal. It was expressed that a large number of RFPs had been released between September of last year and February of this year. Firms were at capacity in terms of workload. So, to no fault of the City’s, it was clear timing of the engagement was an issue. If the Council decides not to award the contract, staff is not confident, based on this knowledge we will find a firm to have an audit completed in the timeframe necessary. Additionally, staff reached out to numerous cities who had released RFPs in the last 6-9 months to compare the response rate and cost for proposal. Through this staff found that other cities that released RFPs between January and March of this year received limited responses,. Cost proposals are difficult to compare based on factors such as size and structure of the City. Based on some of the responses received, staff felt it necessary for CLA to review and revise its cost proposal. The cost proposal in front of you is not the original cost proposal. In the cost proposal, Table 1 outlines the services that will be required of the firm annually. Within each collum is the annual maximum. The Finance Authority debt will be paid off in 2027. Once that happens those costs will be excluded as the service will no longer be needed. Table 2 includes optional audit tasks which may or may not be needed on an annual basis. To give staff the flexibility to engage in these services when necessary it is recommended to allow up to a maximum of $20,000 in addition to the maximum annual cost for these required services, if needed. The Contract will be for three years with an option to extend the contract in years 4 and 5. It is recommended that Council award the contract to CliftonLarsonAllen, LLP as outlined in 1, 2 and 3 in staff’s recommendation within the staff report.
Councilman Halby stated as a member of the Finance Committee I have worked with Teaman, Ramirez and Smith. I am blown away they did that to us. I would like to know why they didn’t tell us 6 months in the last year so that we could have been ahead of the game. The first year is $99,000 which is a 40% increase. We paid them $71,000 last year. I can’t agree to that.
Finance Director Elms stated the $77,000 is comparable to the services that were required of Teaman, Ramirez and Smith.
Councilman Halby stated I am voting no and this should be sent back out for RFP.
Interim City Manager Crecelius stated we won’t have time to do that and meet the audit deadlines. The Finance Director put a lot of work into this after the proposal was received, reaching out to the other firms inquiring as to why they did not submit a proposal. They do not have the staff to handle it, so we are not sure we will come back with anything else. The other option would be a one-year agreement to get us through this year and allow us time to do another RFP. We don’t want to not have the audit done by the deadlines.
Finance Director Elms stated we will most likely need a single audit, which must be done in 9 months from the close of the year. We have a disclosure requirement if our financial statements are not ready by December for the bond issuance. In addition, we have a State Controller report due 7 months from the close of the year. I am totally in agreement with you, we were just as frustrated with Teaman, Ramirez and Smith and expressed that. I think that they were really hoping they had another lead auditor that they did not expect to leave the company and had expected to retain Blythe. Unfortunately, at the last minute they were unable to, and it put us in a pickle. There are other options than a five-year agreement. We can negotiate a one-year contract or three-year contract and take out options 1 and 2. I would hate to not award at least a one-year agreement and be in a bind and not have our audit done and meet our requirements. By the time we get them engaged, we are in August/September and probably won’t meet the guides to finalize the financial statements.
Interim City Manager Crecelius stated with our going concern, and our ranking on the State Auditors Index I really don’t think we want to also throw in there that we did not complete our audit on time. We want to try our hardest to be transparent with our financials and show the critics all the progress that has been made year over year to improve our financial position.
No public comment. Councilman Burton moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with aye votes from DeConinck, Rodriguez and Burton and a no vote from Halby.
Letter of Support for Focus First Counseling & Education, Inc. Interim City Manager Crecelius stated Councilman Halby directed staff to place this item on the Agenda for discussion and direction. For the City Council and/or individual Council Member to provide letters of support of grant applications submitted by Focus First Counseling, it is recommended Council take a position of support for this project and future grant opportunities and applications.
Councilman Halby stated it’s a local group, trying to build a counseling center to continue their service in the valley. I think we should give them a letter of support.
Public Comment. Jacqueline Fisher, CEO of Focus First Counseling stated they are requesting the letter of support as my CFO Amy Daniel, and I are in the process of working toward a certification of Non-profit management. We have been instructed that to obtain grant funding for a structure, we need the support of our City Council to be competitive.
Councilman Burton moved to provide a letter of support. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
ORAL REPORTS:
Interim City Manager Crecelius asked Council to set a date for the Budget Study Session. The Study Session was set for May 23rd at 2:30pm.
Councilman Halby asked about a Code Enforcement issue related to livestock in City limits. He inquired about the Main Street Mural. He is in breach of that agreement, with the mural half painted. I was not pleased with this project and my doubts were made true.
Mayor DeConinck reported on the Run for the Wall event occurring this upcoming Wednesday.
PUBLIC COMMENTS:
Tom Daly of 2591 Fairway Dr. thanked the Mayor and City Council related to the letter sent regarding the hours of operation at the Blythe Courthouse. I appreciate your efforts.
ADJOURN: The City Council meeting was adjourned at 6:58pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk