Minutes of the Blythe City Council Meeting
September 10, 2024
The September 10, 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, Public Works Director Elegores, 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.
PROCLAMATION:
National Suicide Prevention Month, September 2024. The Proclamation was presented to representatives of Peace from Chaos.
Patriotism Week, September 9-15, 2024. The Proclamation was presented to representatives of the local Benevolent and Protective Order of the Elks.
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.
3. 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, September 6, 2024.
4. Approval of the Warrant Register.
Recommendation: Approve 9/10/24, warrants numbered 78548 through 78561 in the amount of $57,400.07; 9/10/24, Utility Billing Refund warrants numbered 78562 through 78571, in the amount of $964.33; 9/10/24, warrants numbered 10780 through 10789 and 78572 through 78631 in the in the amount of $342,161.46, and 9/10/24, warrants numbered 10790 through 10794 and 78632 through 78670 in the amount of $321,748.94.
5. Approval of the Payroll Register.
Recommendation: Approve 9/10/24, warrants numbered 54639 through 54660 and Direct Deposits warrants numbered 59579 through 5950 in the amount $306,739.69; 9/10/24, warrants numbered 54661 through 54662 in the amount of $543.41; 9/10/24, warrants numbered 54663 through 54682 and Direct Deposits warrants numbered 59651 through 54682 in the amount of $316,337.98, and 9/10/24, warrants numbered 54683 through 54695 and Direct Deposits warrants numbered 59723 through 59819 in the amount of $77,205.63.
6. Minutes of the August 13, 2024, City Council Meeting.
Recommendation: Approve the Minutes of the August 13, 2024, Meeting.
7. City of Blythe Permits Issued for the Month of August 2024.
Recommendation: Receive and file the monthly report.
8. City of Blythe Fire Department Monthly Activity Report for August 2024.
Recommendation: Receive and file the monthly report.
9. City of Blythe Police Department Monthly Activity Report for August 2024.
Recommendation: Receive and file the monthly report.
10. Quality of Life Program Activity Report for August 2024.
Recommendation: Receive and file the monthly report.
11. Biennial Review of the Conflict-of-Interest Code.
Recommendation: Receive and file the Biennial Report on the City’s Conflict of Interest Code.
12. Service Agreement for 6
th and 10th Avenue Resurfacing between County of Riverside and City of Blythe.
Recommendation: Authorize the Interim City Manager to execute the Service Agreement for the 6 th and 10th Avenue Resurfacing between the County of Riverside and the City of Blythe in an amount not to exceed $2,687,972, once the agreement has been approved by the City Attorney, authorize the Interim City Manager to approve change orders requested by the County during construction or any amendments to the agreement within the approved project budget of $2,687,972.00.
13. Written Report Pursuant to California Government Code Section 65858(d) Regarding the Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities.
Recommendation: Receive and file the written report on the temporary moratorium on the establishment of commercial solar energy facilities.
14. Ordinance Establishing Regulations for Shopping Cart Containment.
Recommendation: Council adopt Ordinance No. 931-24:
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).
No public comment. Councilman Burton moved approval of the Consent Calendar. The motion was seconded by Vice Mayor Rodriguez with a unanimous aye vote.
PUBLIC HEARING:
Tentative Parcel Map 390006- Palo Verde College. Interim City Manager Crecelius stated at the August 13th Council meeting, staff presented a request from Palo Verde College to allow the division of one 197.267-acre parcel into two separate parcels. The request would allow the City’s water infrastructure to be housed on its own designated parcel, with the College on the other proposed parcel. During the meeting it was questioned if the City’s water well was included in the City’s proposed parcel. The Public Hearing was continued to tonight, to allow the Holt Group to revise the Tentative Parcel Map. The revised map now includes all the City’s water infrastructure on proposed Parcel No. 2. The attached Tentative Parcel Map proposes to allow the division of one (1) 197.267± acre parcel into two separate parcels located at One College Drive and is legally described as Assessor’s Parcel Number 821-200-020. Proposed Parcel No. 1 is 195.353± acres in size. Proposed Parcel No. 2 is 1.914± acres in size. Proposed Parcel No. 1 has access from an improved dedicated right-of-way. Parcel No. 2 has access through a dedicated easement. No variances or exceptions are required for this Parcel Map. 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.
No public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
RESOLUTION NO. 2024-029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A NOTICE OF EXEMPTION WITH DE MINIMIS IMPACT FINDING FOR TENTATIVE PARCEL MAP 39006.
RESOLUTION NO. 2024-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING TENTATIVE PARCEL MAP 39006 TO ALLOW THE DIVISION OF ONE (1) 197.267± (GROSS) ACRE PARCEL INTO TWO (2) SEPARATE PARCELS ON PROPERTY LOCATED AT ONE COLLEGE DRIVE (ASSESSOR’S PARCEL NUMBER 821-200-020).
Implementation of SB 1383 Organics Collection Service and Rate. Interim City Manager Crecelius stated in September 2016, Governor Brown set methane emission targets for California in a statewide effort to reduce the emission of short-lived climate pollutants. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for enforcement of SB 1383 regulations. When SB 1383 was first introduced, the City lobbied heavily for the City to be excluded or exempt from the requirements. The City believed the distance to any organics processing facilities and transporting organic waste 100+ miles each way would negate any methane emission reductions from the recycling of organics. Due to the distance to processing centers and no other population segments in the vicinity to share transportation and processing costs with the City was concerned with the undue burden SB 1383 would place on the City’s rate payers. Although the implementation of an organics collection program in Blythe was delayed by these efforts, the City was unsuccessful with an exemption from the legislation. The City was placed on a Corrective Action Plan (CAP). The CAP has a deadline for compliance of September 30, 2024, which was extended from the original deadline of March 1, 2024. To implement the SB 1383 Organics Collection Program, an amendment to the existing Franchise Agreement with CR&R is necessary along with the approval of maximum rates that CR&R may charge for these new services. Under the Franchise Agreement, the City regulates the services that CR&R provides and the rates that CR&R can charge for those services. CR&R has proposed new organics rates to recover its costs of providing the new organics collection services. To promote public participation the City elected to hold a public hearing regarding the proposed new rates, including the continued annual adjustments for inflation, and to accept written protests in connection with the public hearing. Early in the SB 1383 program roll out discussion, it was anticipated the collection of organic waste could cost residents upwards of $15 per month. Now that the specifics of how and where the organic waste will be collected and processed have been determined, the proposed rate for organics is $13.06 per month. This brings the standard residential service from $28.08 per month to $41.14 per month. If approved, this fee will be in effect as of October 1, 2024. CR&R will begin delivering the 64-gallon organics cart to customers this month. A flyer was mailed to all residents announcing this, and asking residents to begin using their cart, including setting it curbside for collection the week of September 30th.
To add a 64-gallon commercial organics cart to a commercial account, the cost will be $74.82 for service once a week, $124.95 for service twice a week or $174.93 for service three times per week. Under SB 1383, the City is authorized to grant waivers to commercial customers who do not generate organic waste. CR&R’s staff has already processed numerous waivers for commercial accounts that meet exemption requirements. CR&R will continue to work with commercial customers who may qualify for exemption. Following staff’s presentation, staff recommends that the Council open public comment to receive public comment and protests. At the close of the public input portion of this public hearing, the City Clerk will tabulate all written protests and report the result to the City Council. After the City Clerk determines the results of the protest process, if there is no majority protest, staff recommends that the Council adopt Resolution No. 2024-031 approving increases to the maximum rates that may be charged by CR&R in connection with the solid waste collection services, and authorize the Interim City Manager to execute Amendment Number Two to the Second Amendment and Restatement of the Solid Waste Franchise Agreement between the City of Blythe and CR&R Incorporated for Exclusive Solid Waste Handling Services.
Public comment. Lynette Williams asked why a third can is being added. We are not filling the cans we have, why do we need more?
James Schleuter asked about the penalties and repercussions if we don’t comply and if that would cost the City less than what the residents will have to pay.
City Clerk Crecelius confirmed that no written protests were received.
As it was determined there was no majority protest, Councilman Halby moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
RESOLUTION NO. 2024-031. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, APPROVING INCREASES TO THE MAXIMUM RATES THAT MAY BE CHARGED BY THE CITY’S FRANCHISED HAULER.
Ordinance No. 932-24 Establishing Requirements Relating to Solid Waste Containers and Enclosures. Interim City Manager Crecelius stated the City Council directed staff to prepare an ordinance requiring trash containers in the commercial district to be locked.
Currently, there are no provisions in the Municipal Code requiring locking mechanisms on trash containers, or for containers to be in a trash enclosure within the commercial district. As a condition of approval, staff requires trash enclosures to be installed to City standard on new development projects within the City. To address unsightly and unsecure commercial and industrial solid waste containers, which attract scavenging, graffiti and homeless activities and lead to litter, trash and debris in the public right-of-way, most cities require commercial and industrial trash containers to be secured within trash enclosures, locked, or screened from public view by walls, fencing or buildings. CR&R estimates of the eight hundred and twenty-seven commercial bins in the City, six hundred and twenty-five are not locked. In the adopted rates for solid waste services, there is a fee of $21.65 per month to install locking bars on commercial bins. As it will take CR&R some time to install locking bars on commercial bins, the Ordinance establishes that commercial bins should be locked no later than November 30, 2025. A locking bar on commercial bins would help in the short term; but may not be the long-term solution Council is looking for. Even when locked, the homeless seem to find ways to damage the trash bin to obtain access. They bend or break the lids, damage or destroy the locking mechanism, and, in some cases, set fire to the trash bin. The customer is then charged for a replacement locking mechanism or to replace the trash container. A trash enclosure is the only way to fully prevent entry into the trash bins. This could be the long-term solution, but the upfront cost to business owners to install a trash enclosure is prohibitive. In some cases, businesses owners may not have room on their property to build an enclosure. City staff recommends codifying the current practice of requiring new businesses or new developments to install trash enclosures. Existing businesses would comply with the Ordinance by installing locking mechanisms on their current trash containers. Should the Council wish to require trash enclosures for all commercial and industrial areas, a sunset could be provided to allow five or more years for business owners to gain compliance with the Ordinance. This would give business and property owners time to plan for the upfront costs of building a trash enclosure. The City Manager or Planning Director would need authority to waive the requirement in situations in which space was an issue for existing properties. As staff could use more direction from Council on this Ordinance, it may be prudent to set a Study Session to discuss this further with Council. It is recommended the City Council, acting as the City’s Planning Agency, conduct a public hearing regarding proposed Ordinance No. 932-24 and provide direction to staff.
Public comment. The Manager of Quality Inn asked for clarification on how the locking trash bin would work and how his customers would access the dumpsters.
Councilman Halby said he is tired of seeing trash everywhere. We need to move forward with this.
Vice Mayor Rodriguez would like to hold a Study Session to take input from business owners.
Interim City Manager Crecelius stated we can hold a Study Session to take direction and revise the ordinance. However, this Ordinance includes codifying the current practice of requiring trash enclosures for new businesses. If you would like that to continue, we could present an Ordinance specific to those requirements. Staff would like to move forward with that and take direction from you on locking mechanisms for trash bins.
City Attorney Roberto stated this Ordinance addresses two chapters of the Municipal Code. Only the provisions relating to trash enclosures are in your zoning code, which requires a public hearing. If you separate them out, only the trash enclosures require a public hearing. You can direct staff to separate the items and schedule a study session specifically on the locking mechanism. Specific to Title 17, staff can come back with an Ordinance at a noticed Public Hearing for the trash enclosure piece.
Interim City Manager Crecelius stated that is what staff is asking, that the practice for new businesses to build a trash enclosures be codified in the Municipal code. Then separate from that we would have a Study Session to discuss the locking bins.
Vice Mayor Rodriguez moved to table the item and directed staff to hold a Study Session related to locking trash bins and prepare an Ordinance related to trash enclosures. The motion was seconded by Councilman Burton with aye votes from DeConinck, Rodriguez and Burton and a no vote from Halby.
NEW BUSINESS:
Agreement between City and Tripepi Smith for Communications and Marketing Servies. Interim City Manager Crecelius stated part of the City’s campaign to Save Chuck included hiring Tripepi Smith for communication and marketing services. They put together the campaign to stop to closure of CVSP, including the slogan “save chuck”. As it became evident the City would be unsuccessful in its efforts to keep CVSP from closing, the services were redirected to community wide education and outreach. The current agreement with Tripeppi Smith expires at the end of the month. As staff wishes to continue the work started by Tripepi Smith, a proposal was requested to continue the public engagement services which include a City newsletter, weekly social media posts, Press Releases and OpEd drafted on behalf of the City.
Prior to the engagement with Tripepi Smith, the City was not active on social media and had no way of effectively distributing information to the public. These services have been a great tool for the City to share positive information about the City, including new development, city projects, programs and services for residents and has allow the City to highlighting various community events. This information is available not only to residents but those who might be looking to move to Blythe or start a new business in the City. The Tripepi Smith Team also works seamlessly with the City’s lobbyist and helps drafts letters and other resources that the lobbyist can circulate with elected officials in Sacramento. They drafted a Press Release and OpEd on the City’s opposition to the proposed Chuckwalla Monument Designation. This led to the Mayor and Vice Mayor being interviewed by a journalist with the Washington Post. During the Save Chuck campaign, Tripepi Smith scripted and shot several videos about the City’s fight to Save Chuck. An optional service offered in the proposal is an Economic Development video showcasing Blythe as an area primed for development. The video would be posted on the City’s website, youtube channel and could be emailed to potential developers showcasing the City’s potential with its location on I10, land, water and year-round sunshine. Therefore, it is recommended that Council authorize the Interim City Manager to enter into an agreement with Tripepi Smith in an amount not to exceed $50,000 once reviewed and approved by the City Attorney.
Councilman Burton would like to hire someone local to do this. This is a lot of money.
Public comment. James Schleuter stated he agrees with Councilman Burton. Why outsource it? You could start an internship for a media student at the high school. I would rather keep it in the community.
Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Halby with aye votes from DeConinck, Rodriguez and Halby and a no vote from Burton.
PUBLIC COMMENT:
Julie Styers of 6525 N. Lovekin would like a decrease in speed limit on N. Lovekin. She presented a flyer on a parasite in the Colorado River affecting pets and discussed that it was illegal to tether dogs.
James Schleuter asked why HWY 95 from the freeway to McIntyre park was not repaved. He also complained about 7
th at C&D Blvd from 14th Avenue on. The County is not taking care of that area when the City limit stop.
Comment was made by an unnamed speaker related to the condition of the roads. There are no school sign on Barnard and Carlton by the Escuela De La Raza. He would like his water bill explained.
Tony Podgorski invited the public to attend a 9/11 ceremony at 5:30pm at City Hall and at 8:30am at Gateway Park.
ORAL REPORTS:
Interim City Manager Crecelius introduced new Public Works Director Mirasol Elegores.
Police Chief Dale invited local youth to volunteer in the Police Cadet program and introduced new Police Officer Teresita Manning.
Fire Chief Hasler invented the public to attend the Blythe Fire Department’s 9/11 memorial presentation while they take 3,100 steps in honor of the steps taken by first responders on 9/11.
This will occur at Scott Stadium at Palo Verde High School.
Councilman Burton gave a shoutout to the Pink Trash Bags and Public Works. He asked who was responsible to maintain the road leading into the Prison at Turtle Bridge.
Mayor DeConinck announced that Jere Allen, who was very involved in the community had passed.
ADJOURN: The City Council meeting was adjourned at 7:03pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk