Minutes of the Blythe City Council Meeting
October 8, 2024
The October 8, 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.
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, October 4, 2024.
2. Approval of the Warrant Register.
Recommendation: Approve 10/8/24, warrants numbered 10795 through 10819 and 78672 through 78721 in the amount of $386,949.75; 10/8/24, Utility Billing Refund warrants numbered 78722 through 78732, in the amount of $1,374.95, and 10/8/24, warrants numbered 10820 through 10826 and 78733 through 78785 in the in the amount of $722,427.05
3. Approval of the Payroll Register.
Recommendation: Approve 10/8/24, warrants numbered 54696 through 54716 and Direct Deposits warrants numbered 59820 through 59892 in the amount $365,661.53; 10/8/24, warrants numbered 54717 through 54736 and Direct Deposits warrants numbered $310,934.08, and 10/8/24, warrants numbered 54737 through 54750 and Direct Deposits warrants numbered 59966 through 60060 in the amount of $80,014.07.
4. Minutes of the September 10, 2024, City Council Meeting.
Recommendation: Approve the Minutes of the September 10, 2024, Meeting.
5. City of Blythe Permits Issued for the Month of September 2024.
Recommendation: Receive and file the monthly report.
6. City of Blythe Fire Department Monthly Activity Report for September 2024.
Recommendation: Receive and file the monthly report.
7. City of Blythe Police Department Monthly Activity Report for September 2024.
Recommendation: Receive and file the monthly report.
8. Quality of Life Program Activity Report for September 2024.
Recommendation: Receive and file the monthly report.
9. MOU between City and PVUSD for the 2024/25 School Year and 2025 Summer School Programs.
Recommendation: Authorize the Interim City Manager to execute the Memorandum of Understanding between the City and PVUSD for the ELO Program once reviewed and approved by the City Attorney.
10. Amendment Number One to the Amended and Restated Finance Director Employment Agreement.
Recommendation: Authorize the Interim City Manager to execute Amendment Number One to Amended and Restated Finance Director Employment Agreement between the City and Christa Elms.
11. Professional Service Agreements with Kevin Nelson and Gustavo Rodriguez.
Recommendation: Authorize the Interim City Manager to execute an agreement with Jon “Kevin” Nelson for Project Management and Inspection Services and a Professional Services Agreement with Gustavo Rodriguez for Chief Plant Operator Services for the Blythe Water Treatment Plant.
12. Acceptance of Work: 2024 Beautify Blythe Project- Package IV Miller Park Ballfield Lighting.
Recommendation: Accept the work performed by Ace Electric, Inc. for the 2024 Beautify Blythe Project Package IV- Miller Park Ballfield Lighting and authorize the Mayor and City Clerk to execute and file the Notice of Completion and release retention payments and project bonds once appropriate.
13. Destruction of Certain Financial Records and Documents for Fiscal Year 2018-2019.
Recommendation: Adopt Resolution No. 2024-033 authorizing the destruction of certain financial records and documents for fiscal year 2018-2019.
RESOLUTION NO. 2024-033. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS AND DOCUMENTS AS AUTHORIZED BY THE CALIFORNIA GOVERNMENT CODE.
14. Acceptance of the ABC-OTS Grant through National Highway Traffic Safey.
Recommendation: Adopt Resolution No. 2024-034, authorizing the Interim City Manager to enter into an Agreement with the State for participation in the California Department of Alcoholic Beverage Control’s ABC-OTS Grant Program and authorize the Interim City Manager to execute any and all grant documents.
RESOLUTION NO. 2024-034. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,
AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL’S ABC-OTS GRANT PROGRAM AND AUTHORIZING THE INTERIM CITY MANAGER OR HER DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS.
Interim City Manager Crecelius provided an Oral Report on the Finance Director 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 Finance Director is a “local agency executive” for whom an oral report is required. Amendment Number One to the Amended and Restated Finance Director Employment Agreement, which is Item # 10 on tonight’s Consent Calendar, extends the term of the Finance Director’s employment agreement for a period of three years, increases the Finance Director’s annual base salary to $139,500, provides for annual cost of living salary increases of
2.5%, and provides for a one-time payment of $1,500 upon execution of the amendment. The amendment also increases the Finance Director’s sick leave accrual and outlines employment benefits already provided to the Finance Director, including medical, dental, vision and life insurance, retirement benefits, and paid time off.
No public comment. Vice Mayor Rodriguez moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.
PUBLIC HEARING:
Ordinance No. 932-214 Establishing Requirements Relating to Solid Waste Enclosures. Interim City Manager Crecelius stated at the September Council meeting, staff presented an ordinance requiring locking mechanisms on trash bins in the commercial and industrial zones and requiring trash enclosures for new businesses. During the meeting, staff was directed to separate the two issues and prepare an ordinance for Council review codifying the current practice of requiring trash enclosures to be installed, to City standard, on new development projects in the City. Staff updated the proposed ordinance to limit its provisions to amendments to Title 17 of the Blythe Municipal Code relating to trash enclosures. A trash enclosure is the only way to fully prevent entry into trash bins. The proposed ordinance would require persons applying for a permit for new construction and/or building additions or alterations to install a trash enclosure. 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. Therefore, it is recommended the City Council, subsequent to the public hearing, introduce Ordinance No. 932-24.
No public comment. Vice Mayor Rodriguez moved approval of staff’s recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.
ORDINANCE NO. 932-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING CHAPTER 17.20 (TRASH, STORAGE AND UTILITY AREAS) OF TITLE 17 (ZONING) OF THE BLYTHE
MUNICIPAL CODE TO ESTABLISH REQUIREMENTS RELATING TO SOLID WASTE ENCLOSURES 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).
Urgency Ordinance Extending Temporary Moratorium on the Establishment of Commercial Solar Energy Facilities. Interim City Manager Crecelius stated State law governs the City’s ability to adopt temporary moratorium ordinances. Cities may adopt temporary ordinances prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city plans to study within a reasonable time. To adopt a moratorium, the City must follow the prescribed statutory process and must make written statutory findings. A moratorium ordinance requires a four-fifths vote of the City Council to approve. Ten days before the expiration of the interim ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On October 10, 2023, the City Council, by a fourfifths vote, adopted Urgency Ordinance No. 925-23-U, establishing a 45-day temporary moratorium on the establishment of new commercial solar energy facilities in the City. On November 14, 2023, the City Council, by a four-fifths vote, adopted Urgency Ordinance No. 926-23-U, extending the temporary moratorium for 10 months and 15 days as authorized by the California Government Code. The moratorium will expire on October 9, 2024, unless extended for one year. On September 10, 2024, the City Council issued a written report describing the measures taken to alleviate the conditions that formed the basis for the adoption of the urgency ordinance. The Blythe Zoning Code does not define or regulate commercial solar energy facilities. The closest use defined in the Zoning Code is “utility operations facilities,” which are defined by Section 17.08.710 as “facilities involved in the operation of the various public and quasi-public utilities such as telephone switchboard centers, electrical generating plants and terminals, sewage treatment plants and water pumping stations or reservoirs”. Such definition was last amended in 1982 and does not clearly, and was not likely intended to, include commercial solar energy facilities. As outlined above, the Blythe Zoning Code does not define or regulate commercial solar energy facilities. For purposes of this staff report and the proposed urgency ordinance, “commercial solar energy facility” refers to a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. “Commercial solar energy facility” does not include a solar energy system that meets the definition of California Civil Code section 801.5. “Commercial solar energy facility” also does not include accessory solar energy equipment installed for on-site consumption. “Commercial solar energy facility” does include what are commonly known as solar farms.
Because commercial solar energy facilities are not currently identified or regulated in the Zoning Code, staff is concerned that commercial solar energy facilities may have adverse effects on City residents. Staff is also concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses in the City and would interfere with achieving the goals and objectives of the City’s General Plan and Colorado River Corridor Plan.
If the City Council does not adopt an extension to the moratorium ordinance, staff is concerned that commercial solar energy projects that are not compatible with surrounding uses may be established that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and developed Colorado River Corridor Specific Plan. It is necessary to continue to study and assess approaches to regulating the scale, design, and location of such facilities to ensure they are compatible with residential and other land uses in the City.
Staff plans to hold a Study Session in January to get direction from Council on an Ordinance that would permit Solar energy facilities and determine in which zones the use would be appropriate.
Therefore, staff is recommending that the City Council adopt, by a four-fifths vote, Urgency Ordinance No. 933-24-U to extend the moratorium on the establishment of new commercial solar energy facilities for a period of one year as authorized by California Government Code section 65858.
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, Halby and Burton.
NEW BUSINESS:
Committee Appointment. Interim City Manager Crecelius stated Palo Verde College has requested that the City Council appoint a member to serve on their Advisory Committee. The meetings are held twice a year, with the next meeting in November. It is recommended the Mayor appoint a member of the Council to serve on this committee.
Mayor DeConinck appointed Councilman Halby as the City appointee to this committee.
Request to Waive the Temporary Use Permit Fee for Calvary Chapel’s Community Trunk-or-Treat Event and Community Center Rental Fees for the Rec-N-Crew’s Homecoming Event. Interim City Manager Crecelius stated every year the Rec-N-Crew hosts a Homecoming event at the Community Center. Each year they submit an application for that use with a request to waive the Community Center Rental Fees excluding the $150 refundable deposit and $100 labor fee. The event will be on October 18th. Also, Calvary Chapel is holding a Trunk-or-Treat on Halloween on private property located next to their church on N. Spring Street. They do have property owner permission, but a Temporary Use Permit is required. They have opened the event to the public and local businesses. It is recommended the Council waive the Temporary Use Permit fee of $262 for Calvary Chapel Trunk or Treat and the Community Center Rental fees for the Rec-N-Crew.
No public comment. Councilman Burton moved approval of staff’s recommendation. The motion was seconded by Councilman Rodrigues with a unanimous aye vote.
PUBLIC COMMENT:
Tony Podgorski of 370 ½ N. First Street gave certificates to the first responders who came to the 9/11 first responders’ ceremony.
Maria Gonzales, Blythe Chamber President invited the public to attend the Palo Verde Economic Alliance Meeting, MarketFest and their Chairty Fun Run on October 19th. Our first MarketFest at the new location was well attended and we look forward to our first night market.
James Schleuter stated Blythe is getting smaller. We no longer have an afternoon truck leaving the Post Office. The Unemployment Office has been closed for over a year.
ORAL REPORTS:
Interim City Manager Crecelius stated earlier this year the City Council supported a District Attorney supported initiative that is now on the ballot as Proposition 36. At the time the Council publicly supported the Homeless, Theft Reduction and Drug Addiction Reduction Act which is now known as Proposition 36. It is on the November ballot. Some cities have adopted Resolutions supporting Prop 36. With the Election next month, we do not have time to do that but wanted to give an oral report that the City Council does support Prop 36.
Police Chief Dale invited the public to attend our local law enforcement’s National Night Out on October 22nd from 4pm-7pm. It’s for the youth and our kids. There will be displays, free food, games and giveaways. It’s sponsored by all local law enforcement agencies.
Councilman Burton commended the exemplary heroic acts witnessed after a car went into a canal near the golf course. I don’t know everyone that was there but saw the Public Works Crew and CR&R staff in action and the Police Department responded.
Mayor DeConinck thanked Blythe Soroptimist for their event. They celebrated their 75 th
Anniversary and the City provided them with a Proclamation. I also attend a Retirement Pary for long time employee Valerie Hudson.
ADJOURN: The City Council meeting was adjourned at 6:28pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk