Minutes of the Blythe City Council Meeting
August 13, 2024
The August 13, 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 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.
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, August 9, 2024.
2. Approval of the Warrant Register.
Recommendation: Approve 8/13/24, warrants numbered 10717 through 10735 and 78369 through 78421 in the amount of $564,568.71; 8/13/24, warrants numbered 10736 through 10750, 78368 and 78422 through 78463 in the amount of $3,589,860.04; 8/13/24, Utility Billing Refund warrants numbered 78464 through 78478 in the amount of $2,304.27; 8/13/24, warrants numbered 10751 through 10759 and 78479 through 78490 in the amount of $420,608.07; 8/13/24, warrants numbered 10760 through 10778 and 78491 through 78542 in the amount $1,278,809.01, and 8/13/24, warrants numbered 10779 and 78543 through 78545 in the amount of $17,418.62.
3. Approval of the Payroll Register.
Recommendation: Approve 8/13/24, warrants numbered 54559 through 54560 and Direct Deposits warrants numbered 59223 through 59235 in the amount $11,781.20; 8/13/24, warrants numbered 5454 through 54575 in the amount of $3,083.30; 8/13/24, warrants numbered 54576 through 54598 and Direct Deposits warrants numbered 59333 through 59400 in the amount of $298,184.68; 8/13/24, warrants numbered 54599 through 54600 in the amount of $452.83; 8/13/24, warrants numbered 54601 through 54622 and Direct Deposits warrants numbered 59401 through 59471 in the amount of $314,072.68; 8/13/24, warrant numbered 54623 and Direct Deposits warrants numbered 59472 through 59481 in the amount of $8,223.00; 8/13/24, warrants numbered 54624 through 54636 and Direct Deposits warrants numbered 59482 through 59578 in the amount of $77,892.46 and 8/13/24, warrants numbered 54637 through 54638 in the amount of $633.96.
4. Minutes of the July 9, 2024, City Council Meeting.
Recommendation: Approve the Minutes of the July 9, 2024, Meeting.
5. City of Blythe Permits Issued for the Month of July 2024.
Recommendation: Receive and file the monthly report.
6. City of Blythe Fire Department Monthly Activity Report for July 2024.
Recommendation: Receive and file the monthly report.
7. City of Blythe Police Department Monthly Activity Report for July 2024.
Recommendation: Receive and file the monthly report.
8. Quality of Life Program Activity Report for July 2024.
Recommendation: Receive and file the monthly report.
9. Investment Report for Fourth Quarter Fiscal Year 2023-2024.
Recommendation: Accept and file the Quarterly Investment Report.
10. Public Works Director Agreement – Mirasol B. Elegores.
Recommendation: Authorize the Interim City Manager to enter into an Employment Agreement with Mirasol B. Elegores for the position of Public Works Director.
11. Amendment Number One to Law Enforcement Services Agreement Between Palo Verde Unified School District and City of Blythe for a Critical Incident Prevention & Response Team Officer.
Recommendation: Authorize the Interim City Manager to execute Amendment Number One to the Law Enforcement Services Agreement between Palo Verde Unified School District and the City of Blythe to continue to provide a Critical Incident Prevention and Response Team Officer.
12. First Amendment to Shelter Services Agreement.
Recommendation: Accept $77,500 in additional grant funding for Animal Control Services and authorize the Interim City Manager to execute the First Amendment to the Shelter Services Agreement between the City of Blythe and the University of California (UC) Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program.
13. Amendment 5 to Memorandum of Understanding No. 07-71-028-05 between the Riverside County Transportation Commission (RCTC) and the City of Blythe.
Recommendation: Authorize the Interim City Manager to execute Amendment No. 5 to Memorandum of Understanding No. 07-71-028-05 between RCTC and the City in substantially the form as attached and in such final form as approved by the City Attorney for trading State Transportation Improvement Program Intra-County Palo Verde Formula funds and Local Partnership Program Formula funds for Measure A funds.
14. Agreement with Interwest Consulting Group Inc. for Building Plan Review Services.
Recommendation: Authorize the Interim City Manager to execute Agreement No. 2024-046 A with Interwest Consulting Group Inc. for building plan review services once approved by the City Attorney.
15. Revised Management Salary and Benefits Schedule.
Recommendation: Adopt the following Resolution:
RESOLUTION NO. 2024-027. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING AND ADOPTING THE REVISED MANAGEMENT SALARY AND BENEFITS SCHEDULE.
Councilman Halby asked to pull item No. 14, Agreement with Interwest Consulting Group from the Consent Calendar.
Interim City Manager Crecelius stated 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 Public Works Director is a “local agency executive” for whom an oral report is required. The Public Works Director Employment Agreement, which is Item #10 on the Consent Calendar, provides for an annual base salary of $135,000, effective August 16, 2024. The Agreement provides for annual merit-based salary increases of up to $2.5%. The Agreement also provides for employment benefits consistent with those provided to City Department Heads, including medical, dental, vision and life insurance, retirement benefits, and paid time off for holidays, administrative leave, and sick leave.
No public comment. Councilman Burton moved approval of Consent Calendar Items 1-13 and
15. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
Agreement with Interwest Consulting Group Inc. for Building Plan Review Services. Councilman Halby asked if the services were shopped around to see what the pricing will cost applicants.
Chief Building Official Brown stated Interwest purchased Esgil, who the City did business with for a long time. Esgil was a mom-and-pop shop. About all the mom and pops have been gobbled up by the big outfits. It costs the same whether we do this in house or if we send them to Interwest. We have an adopted fee, so it doesn’t cost the customers any more or any less.
No public comment. Vice Mayor Rodriguez motioned to approve staff’s recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote.
PUBLIC HEARING:
City’s 6
th Cycle Housing Element Update. Inteirm City Manager Crecelius stated the City’s Housing Element sets forth goals, policies, and programs that address the future housing needs for all income levels over an eight-year period that coincides with the Regional Housing Needs Assessment. RHNA quantifies the need for housing within each jurisdiction during specified planning periods. In February 2014, the City adopted the 5th Cycle Housing Element for the planning period of 2013 through 2021. The City is required by State law to update its Housing Element every eight years. The California Department of Housing and Community Development (HCD) reviews each jurisdiction’s housing element to determine if it’s compliant with State law. A finding of compliance by HCD is referred to as “certification”. Since February 2022, the City has been working toward compliance and certification of its Housing Element.
The City contracted with Veronica Tam and Associates to bring the City over the finish line. In June, HCD advised that the Draft Housing Element meets the statutory requirements of State Housing Element Law. The most significant changes between the original draft previously reviewed by the City Council and the current draft include restructuring the sites strategy for meeting RHNA consistent with the State Housing Element Law requirement of 20 units per acre as feasible for lower income units. The Housing Element now utilizes the commercial zone that allows multi-family housing to accommodate the lower income RHNA and developing a robust Affirmatively Furthering Fair Housing analysis and including a set of meaningful actions to further fair housing. As outlined in the draft Housing Element, the City’s sites inventory identifies available vacant sites that can accommodate a total of 938 units comprised of 227 lower income, 173 moderate income, and 488 above-moderate income, meeting the RHNA allotment. The draft 6th Cycle Housing Element and supporting documents are posted on the City’s website and available for public inspection in the City Clerk’s Office. This is the second of two public hearings to adopt the Housing Element. On July 10, the Council, acting as the Planning Agency conducted the first Public Hearing. After the Housing Element is certified, the City is required to implement various programs identified in the Housing Element. Staff is proposing to enter into an agreement with the City’s Housing Element consultant, Veronica Tam and Associates, Inc. for technical assistance regarding implementation of the Housing Element.
VTA’sservices will include assisting staff with required Zoning Code revisions to comply with State housing laws and/or to facilitate housing development, best practices with actions to Affirmatively Furthering Fair Housing, and compliance with No Net Loss Requirements.
Therefore, it is recommended that subsequent to the public hearing, Council adopt Resolution No. 2024-028 amending the general plan by adopting the 6 th cycle 2021-2029 Housing Element
and authorize the Interim City Manager to execute Agreement No. 2024-041 A with Veronic Tam and Associates for technical assistance in connection with implementing the Housing Element, in an amount not to exceed $15,000 once the agreement is approved by the City Attorney.
No Public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation to adopt Resolution No. 2024-028. The motion was seconded by Councilman Burton with a unanimous aye vote.
RESOLUTION NO. 2024-028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING THE GENERAL PLAN BY ADOPTING THE 6
TH CYCLE 2021-2029 HOUSING ELEMENT AND FINDING
THE ADOPTION OF THE HOUSING ELEMENT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION).
Tentative Parcel Map 390006- Palo Verde College. Interim City Manager Crecelius stated the City of Blythe maintains a 500,000-gallon water reservoir at Palo Verde College to provide drinking water and fire flow protection to the college and surrounding area. The reservoir is 20+ years old and is past its useful life. The City applied for Emergency Drinking Water funding through the State of CA to help fund the Tank Replacement. While finalizing the funding agreement, staff ran into an issue related to the City’s property rights for the area that houses the City’s water infrastructure on the College property. The Memorandum of Understanding between the City and Palo Verde College executed in 1999 states the College will Quitclaim the College Water System to the City to become part of the City’s Water System. It further states the College will provide a fee simple title to property on the college campus that will house the College Water System as well as the appropriate easements so the City can maintain the system. Recorded documents obtained show an easement is in place, but there are no property rights for the City. It appears that the actions taken in 1999 were never recorded or completed. City staff asked the College if they would be amendable to finalize the actions that should have occurred in 1999. College Counsel recommended a Parcel Map as an alternate solution to what should have occurred in 1999. The Tentative Parcel Map, as presented, will subdivide the 197.27-acre parcel into two separate parcels. Parcel No. 1 will house the College and Parcel No. 2 will house the City’s water infrastructure. Each parcel will then have its own designated APN. This project is categorically exempt from CEQA as a minor land division.
Council can make the following findings related to the proposed Tentative Parcel Map: The Tentative Parcel Map is consistent with the General Plan, the proposed tentative parcel Map is consistent with the requirements of the Zoning Ordinance, the site is physically suitable for the land division as proposed and the project will have no impact on the environment. Therefore, subsequent to the Public Hearing it is recommended Council adopt Resolution No. 2024-029 approving the Notice of Exemption with De Minimis Impact Findings for Tentative Parcel Map 39006 and Resolution No. 2024-030 approving Tentative Parcel Map 39006.
Mayor DeConinck stated in looking at this, the well is not included. The well is a couple hundred feet from the boundary line.
Rob Holt with the Holt Group said he thought it was included.
Interim City Manager Crecelius suggested Council open the Public Hearing and take Public Comment on this item, and then continue the Public Hearing to the next Council meeting to allow staff to address the well.
No public comment. Councilman Halby moved to continue the Public Hearing to the September 10, 2024 Council meeting. The motion was seconded by Councilman Burton with a unanimous aye vote.
CONTINUED BUSINESS:
Save Chuck. Interim City Manager Crecelius provided updates on the meeting with the Governor’s Office, the Inland Empire Region’s Liaison along with GOBiz and staff from the County of Riverside in July, plans to implement the action items in the Kosmont Economic Development Study and the continued partnership with Professor John Eason of Brown University.
Vice Mayor Rodriguez stated the conversation with the gentleman from GOBiz seemed positive that we could receive funds to help with infrastructure improvements as well as funding for our schools and hospital.
Mayor DeConinck stated its an uphill battle, but what we are trying to do it get some money for the schools and hospital and some other things too. I attended the Prison Advisory Committee meeting last week. The Board made a comment that CVSP is shut down. There is staff there, but it is winding down.
Public Comment. Kath Linares of 2545 Fairway Dr. asked how much money we spent chasing down a prison nobody wanted. What has it done for our community? It divided the community.
We have more section 8 than New York per capita. It makes no sense when we are 100 miles from nowhere. Why don’t you put your energy into looking for something that would benefit our community?
The item was received and filed.
NEW BUSINESS:
Ordinance Establishing Regulations for Shopping Cart Containment. Interim City Manager Crecelius stated abandoned shopping carts have become a nuisance. Shopping carts are removed from stores to transport goods and then abandoned in City rights-of-way and on private property. In these situations, the responsible party is not collecting the shopping carts, and they have become a blight on the City. Over the years, city staff have spent a considerable amount of time and resources on collecting the carts and associated debris from around the City. This takes time and resources away from addressing city issues. The owners of the shopping carts should be the responsible party, and required to maintain their carts on site, or collect them when abandoned. The attached Ordinance was prepared to address issues related to abandoned shopping carts. The Ordinance requires owners who provide five or more shopping carts for public use to affix identifying information to their carts. This enables notification to be made if/when a cart is abandoned. Abandoned carts that do not have identifiers will be removed and disposed of. Owners are required to implement shopping cart containment measures and/or have an agreement with a shopping cart retrieval service. Not all stores/owners are contributing to the problem. With the creation of this Ordinance, staff did not want to add work or extra expense to owners already in compliance. As such, the Ordinance authorizes the City Manager to waive the requirement that an owner submit a shopping cart containment plan if the owner has demonstrated to the City that they have an effective cart containment system. Once this Ordinance is in effect, and a shopping cart is abandoned, the City will provide notice to the owner with two days to retrieve the cart. If after two days the cart has not been collected, the cost to the City for its retrieval will be borne by the shopping cart owner. The Ordinance also makes it unlawful for any person to remove a marked shopping cart from a premise or to be in possession of a marked shopping cart that has been removed from a premise without the owner’s consent. If adopted, all store owners with 5+ shopping carts will be notified of these changes and provided with 90 days to gain compliance with the regulations or apply for a waiver. This will be another tool the City will have to improve the cleanliness and attractiveness of the City.
This will go along with measures previously taken to remove graffiti, enhance the penalties for illegal dumping, enhanced nuisance abatement procedures, and funding for blight abatement. It is recommended that the City Council introduce Ordinance No. 931-24 related to shopping cart containment.
Councilman Halby asked how people in possession of carts will be enforced. Police Chief Dale stated we will retrieve the carts and charge them with a crime.
Public comment. Glenna Peoples of 300 Palm Drive Apt. 225 stated it seems to me that I am going to go shopping without a cart. The businesses will stop supplying them. I am opposed to this; I would rather have the city collect carts.
Kathy Linares of 2545 of Fairway Drive stated most of the carts being pushed around are by the homeless. Most people don’t take carts. The homeless need to be dealt with more than the shopping carts.
Councilman Halby moved approval of staff’s recommendation. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
ORDINANCE NO. 931-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 9.98 (SHOPPING CARTS) TO ARTICLE IX (MISCELLANEOUS) OF TITLE 9 (PUBLIC
PEACE, MORALS AND WELFARE) OF THE BLYTHE MUNICIPAL CODE RELATING TO SHOPPING CART
CONTAINMENT 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).
Response to 2023-2024 Grand Jury Report entitled “NARCAN SAVING LIVES IN RIVERSIDE COUNTY”. Police Chief Dale stated on July 11, 2024, the Riverside County Civil Grand Jury issued a report to the City of Blythe. The report included one recommendation to create a comprehensive method to collect Narcan data on a monthly basis from all emergency responders and medical providers. The City agrees with the recommendation and has taken action. The City implemented the Records Information Management System (RIMS) for police and fire dispatch in 2024. Once the City learned of the Grand Jury’s recommendation, police department administration implemented a policy requiring documentation in RIMS regarding the use of Narcan, the outcome of the call for service and the amount of contraband seized.
Regarding fatalities, the coroner’s report will list the cause of death, and the information will be added to RIMS. This information can be extracted and sent to the Conty digitally. It is recommended Council approve the response to the Grand Jury Report in the form as attached and in such final form as approved by the Interim City Manager and authorize the Mayor to execute the response and submit the response as required. Narcan is a small piece of the puzzle when combatting addiction in our community. Treatment, the strengthening of laws related to possession and sales of fentanyl and proactive enforcement is needed as well. The Blythe Police Department is exploring opportunities to obtain funding provided to the Conty to address this epidemic.
Councilman Halby asked if the Fire Department is administering Narcan, and if that was part of the stats. It was reported they were.
Public comment. Glenna Peoples stated I am a nurse at Ironwood State Prison, and we received a grant to give inmates their own Narcan. Punishment is not as good as treatment. Maybe there are some grants for that program for our town. A rehab could be a business that could employ people.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
Request to Waive the Temporary Use Permit (TUP) Fee for the Chamber of Commerce’s Blythe MarketFest. Interim City Manager Crecelius stated the Chamber of Commerce plans to move Market Fest from Todd Park to the City owned parking lot at the NW corner of Spring Street and Hobsonway. This use requires a Temporary Use Permit, TUP which has a fee of $262.00. It is recommended that Council waive the TUP fee for the Chamber of Commerce to hold MarketFest in the City’s Spring Street Parking lot for the Fall 2024 and Winter 2025 sessions.
Public Comment. Maria Gonzalez, President of the Chamber of Commerce stated we changed the scheduled to accommodate the vendors. There are vendors who work on Saturdays. To have more vendors we decided to have two mornings and an evening market. It works in a lot of different towns so we thought we would try that. We are trying to get more vendors out there.
We currently have about 10 in the SBDC Made Program, so we should have more vendors in October. It will be two Saturday and one during the week. At the last market we had about 15 people who started businesses, me included, and we did well. We have one vendor who now has products in stores locally.
Kathy Linares asked why you would move it from the park to a street.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC COMMENT:
James Schleuter of 246 Acacia Street asked if Council was going to do anything about the cannabis retail license that has closed. He asked if anything would ever come out about the shooting that occurred recently.
Vice Mayor Rodriguez stated the investigation was handled by the Riverside County Sheriff’s Department and sent to the Riverside County District Attorney’s office. Due to conflicts, the City asked the Sherriff to take it. Ultimately it was the Riverside County District Attorney’s Office that made that determination.
Gleanna Peoples of 300 N. Palm stated per crimegrade.org, 98% of America is safter to be in than Blythe, California. You could get rid of the Police Department to save money. You are in the bottom 2% anyway. What are we doing about the crime? I did speak with the District Attorney when the charges were dropped. It was due to conflicting stories, which means really poor police work. There is a lack of transparency and accountability. If we had a citizen commission to review complaints and have a transparent complaint process where people could upload videos. I want to know what happens with the complaints filed against officers.
Ted Podgroski complained about the hoarders in town. I would like higher penalties for them.
Geraldine Castille of 180 Oasis Street stated recently my neighbor put in an 8-foot fence between the two homes. I read the ordinance that says fencing is 6ft in the back and 4ft in the front. She has an 8ft fence in the back and 6ft in the front. She is obstructing my vision. I want to know what you are going to do about it.
Kathy Linares of 2545 Fairway Dr. stated we’ve had issues with our septic system and understand that we will be getting a sewer system. Why can’t the CIF kick in some funds in for it? I received an abatement letter in June, and wondering why I received it from the City.
City Attorney Roberto stated this is not a letter, it’s a Notice of Summary Abatement. The homeowners have received several letters since the issue started in December with the overflow of the septic system. This puts them on notice of the actions that have been taken. Pursuant to our code we provide this notice.
Interim City Manager Crecelius stated there is some confusion. The City is only abating the nuisance because we cannot have their septic running into city streets. Part of that process requires us to notice those homeowners of the nuisance abetment that is being created by the nuisance conditions there. Yes, we have had to step in and do some things, but only because it’s overflowing into our streets. We are not taking over the system. We are not responsible for the system. We are abating the nuisance condition.
Lindsay Holt of 201 E. Hobsonway stated the homeowners of the Desert Trailways subdivision would like to submit a request for an extra-territorial service request to LAFCO to serve the subdivision with water from the City’s water system for fire flow protection. The expenses would be paid by the subdivision. They cannot build on lots in the subdivision until they have adequate fire flow.
Angela Colangeli with Peace from Chaos invited the Council and public to our September event.
ORAL REPORTS:
Councilman Halby wished all of the candidates luck in the November election.
Councilman Burton thanked Peace from Chaos for all the good work they are doing.
ADJOURN: The City Council meeting was adjourned at 7:11pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk