Minutes of the Blythe City Council Meeting
February 11, 2025
The February 11, 2025 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 Council Members Halby, Burton and Spraggins. Vice Mayor Rodriguez was excused from the meeting. 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 is no reportable action.
PRESENTATION:
Colorado River Fair Ambassadors. The 2024/25 Fair Ambassadors made a presentation to the Council regarding the 2025 Colorado River Fair, scheduled for March 12-16, 2025.
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 agenda was 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 and on the City’s website on Friday, February 7, 2025.
3. Approval of the Warrant Register.
Recommendation: Approve 2/11/25, warrants numbered 10943 through 10964 and 79156 through 79220 in the amount of $395,267.36; 2/11/25, Utility Billing Refund warrants numbered 79221 through 79231in the amount of $1,734.28 and 2/11/25, warrants numbered 10965 through 10975 and 79232 through 791278 in the amount of $292,390.35.
4. Approval of the Payroll Register.
Recommendation: Approve 2/11/25, warrants numbered 54939 through 54940 in the amount of $5,822.27; 2/11/25, warrants numbered 54941 through 54960 and Direct Deposit warrants numbered 60909 through 60980 in the amount of $288,485.60; 2/11/25, warrants numbered 54961 through 54962 in the amount of $307.93; 2/11/25, warrants numbered 54963 through 54981 and Direct Deposit warrants numbered 60981 through 61050 in the amount of $295,856.48; 2/11/25, warrants numbered 54982 through 54983 and Direct Deposit warrant numbered 61051 in the amount of $78,783.22; 2/11/2025, warrant numbered 54984 and Direct Deposit warrant numbered 61052 in the amount of $288.25 and 2/11/25, warrants numbered 54985 through 54996 and Direct Deposit Warrants numbered 61053 through 61153 in the amount of $96,616.79.
5. Minutes of the January 14, 2025, City Council Meeting.
Recommendation: Approve the Minutes of the January 14, 2025, Meeting.
6. City of Blythe Permits Issued in the Month of January 2025.
Recommendation: Receive and file the monthly report.
7. City of Blythe Fire Department Monthly Activity Report for January 2025.
Recommendation: Receive and file the monthly report.
8. City of Blythe Police Department Monthly Activity Report for January 2025.
Recommendation: Receive and file the monthly report.
9. Quality of Life Program Activity Report for January 2025.
Recommendation: Receive and file the monthly report.
10. Acceptance of Work- New Water Reservoir at Palo Verde College.
Recommendation: Accept the work performed by AZCA Drilling & Pump, Inc. for the New Water Reservoir at Palo Verde College Project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.
11. Acceptance of Work- Pumping Station #5 Renovation Project.
Recommendation: Accept the work performed by Robert Yates dba Cholla Construction for the Pumping Station #5 Renovation Project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.
12. Memorandum of Understanding Between the Cities of Blythe and Indio Regarding Reimbursement of Off-Duty Personnel at Special Events.
Recommendation: Authorize the Interim City Manager to execute a Memorandum of Understanding between the Cities of Blythe and City Indio, once reviewed and approved by the City Attorney.
13. Amendment to Professional Services Agreement with Retail Strategies.
Recommendation: Authorize the Interim City Manager to execute an amendment to the Professional Servies Agreement for Consulting Services between the City and Retail Strategies, LLC extending the term for a period of three years at a cost of $45,000 per year.
14. Ordinance No. 934-24, Amending Title 17 of the Blythe Municipal Code (BMC) Relating to Changes Required by the City’s 6
th Cycle Housing Element Programs for Emergency
Shelters, Employee Housing, and Reasonable Accommodation Procedures.
Recommendation: Adopt Ordinance No. 934-24.
ORDINANCE NO. 934-24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO CHANGES REQUIRED BY THE CITY’S 6TH CYCLE HOUSING ELEMENT PROGRAMS FOR EMERGENCY SHELTERS, EMPLOYEE
HOUSING, AND REASONABLE ACCOMMODATION PROCEDURES 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) Council Member Halby asked to pull Item No. 13. from the Consent Calendar.
No public comment. Council Member Halby moved approval of Consent Calendar items 1-12 and 14. The motion was seconded by Council Member Burton with a unanimous aye vote.
Amendment to Professional Services Agreement with Retail Strategies. Councilman Halby wanted to make sure the same safeguards were in place. They have done a decent job.
They did pull us a couple of businesses. I would like more consistent reporting.
Public Comment. Kathy Linares of 2545 Fairway Drive reported on the Small Business Association. It’s free, and they will come to Blythe to tell us what we need.
Council Member Halby moved approval of staff’s recommendation. The motion was seconded by Council Member Spraggins with a unanimous aye vote.
PUBLIC HEARING:
Ordinance No. 935-25 Amending Title 17 of the Blythe Municipal Code Relating to Changes to Implement Various Programs Set Forth in the City’s 6 th Cycle Housing
Element. Interim City Manager Crecelius stated the City’s 6 th Cycle Housing Element Update
was approved by HCD on August 29, 2024. The Housing Element committed to programs which require changes in Zoning as set forth in Title 17 of the Blythe Municipal Code. This is the second in a series of Ordinances that will be presented to Council to address changes required by the Housing Element. The Proposed ordinance implements changes in five Housing Element Programs: 1.A.3, 1.A.4, 2.A.6, 2.D.1 and 2.D.3. To address 1.A.3, Chapter 17.30A will be added to the Blythe Municipal Code establishing how the State Density Bonus Law will be implemented to promote the construction of affordable housing in the City. In program 1.A.4, the City committed to amending the Zoning Code to require by right approval of housing developments that include 20% of the units as affordable to lower income. To implement this program, the proposed Ordinance adds a Housing Overlay zone (HEO) which allows affordable developments by right. The Ordinance creates the zone and regulations; a General Plan Amendment and Zoning change will be necessary to establish the HEO zoning designation. In Program 2.A.6, the City committed to permitting mobile homes in the same manner as stick-built housing, modifications to parking requirements and modifications to lot coverage requirements for Medium Density Residential and High-Density Residential zones. The Ordinance amends the definition of manufactured housing and mobile homes and amends Section 17.16.060 to create new parking requirements based on number of bedrooms and amends Section 17.10.015 to increase coverage requirements for the R-M and R-H zones to fifty percent of total area. In program 2.D.1, the city committed to amending the Zoning Code to designate residential care facilities as permitted uses by right in residential zones, add a definition for group homes and allow group homes with six or fewer persons by right in residential zones and updates the definition of family to be consistent with State Law. To implement this program, the Proposed Ordinance amends the permitted uses table in Section 17.08.010 to allow residential care facilities and group homes in all residential zones and adds a definition for group homes and amends the definition of family. In Program 2.D.3, the City committed to amending the Zoning Code to ensure that supportive and transitional housing are treated as residential uses subject to only the same restrictions as other residential dwelling of the same type in the same zone to comply with State law requirements regarding low-barrier navigation center. To implement this program, the ordinance adds Chapter, 17.63F Low Barrier Navigation Center, adds Chapter
17.63G Supportive Housing for Homeless and amends the permitted uses table in Section
17.08.010 to outline where supportive housing for homeless and low barrier navigation centers are permitted by right. The proposed ordinance also adds, revises and deletes definitions set forth in Chapters 17.04 and 17.08, relocating definitions to Chapter 17.04 and removing them from Chapter 17.08. The ordinance also includes a change to Section 17.10.050 to incorporate the allowed density per acre for each of the zones; the density correlates to that in the General Plan.
These changes are required based on State Laws that were designed to make it easier and affordable to build new housing in the State of California. Therefore, it is recommended the City Council, acting as the City’s Planning Agency, conduct a public hearing regarding Ordinance No. 935-25.
No public comment. The Council, acting as the City’s Planning Agency, conducted the Public Hearing.
ORDINANCE NO. 935-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO CHANGES TO IMPLEMENT PROGRAMS SET FORTH IN THE CITY’S 6TH CYCLE HOUSING ELEMENT, INCLUDING ADDING A NEW
HOUSING ELEMENT OVERLAY, ADDING, REVISING, AND DELETING DEFINITIONS, ADDING AND AMENDING
REGULATIONS RELATING TO LOW BARRIER NAVIGATION CENTERS AND VARIOUS TYPES OF GROUP
HOUSING, AMENDING RESIDENTIAL LOT COVERAGE REQUIREMENTS IN THE R-M AND R-H ZONES, ADDING
AND REVISING STANDARDS REGARDING DENSITY IN RESIDENTIAL ZONES, AMENDING PARKING
REQUIREMENTS FOR SPECIFIED RESIDENTIAL USES, AND ADDING REGULATIONS TO IMPLEMENT THE
STATE DENSITY BONUS LAW
NEW BUSINESS:
Ordinance Establishing a Prohibition Against Camping and Storage of Personal Property Upon Streets, Sidewalks, and Public Places. Interim City Manager Crecelius stated in June 2024, the United States Supreme Court issued its decision in City of Grants Pass v.
Johnson. Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property. The Supreme Court’s decision also overturned Martin v. Boise, a 2018 decision by the Ninth Circuit Court of Appeals that held that the Eight Amendment’s Cruel and Unusual Punishments Clause bars cities from enforcing public camping ordinances whenever the number of homeless people in a jurisdiction exceeds the number of “practically available” shelter beds. Following the Supreme Court’s decision, staff began researching and working on an ordinance to prohibit camping and the storage of property in public places. The City has implemented several actions to address Quality of Life issues in the City, which include homelessness. For several years, funding has been allocated for a Sergeant to work with the County of Riverside to provide homeless outreach. This team assists the homeless population by providing a connection to services and/or treatment necessary to get them off the streets and into housing. Through grants and donations, the City can assist travelers who have become stranded in Blythe from becoming homeless. Although this program has been very successful, the City needs many tools to address the ongoing homelessness crisis in the State of California. This includes ensuring the health, safety and welfare of all residents, businesses and visitors. The proposed Ordinance, as drafted, prohibits camping and the storage of personal property on public property. This includes public parks, sidewalks, and other publicly owned or controlled property within the City; prohibits sleeping on any public sidewalk, street, alleyway, median, parkway, right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a sidewalk; prohibits building or erecting structures along the banks of waterways and outlines other prohibitions aimed at protecting public waterways; prohibits storing personal property on any public property, except as approved in writing by the City Manager or the Public Works Director and provides for the notice, removal, storage and disposal of personal property left or stored in public places. The express purpose and intent of the proposed Ordinance is to maintain the City’s public places and areas owned and maintained by the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Therefore, it is recommended that the Council introduce Ordinance No. 936-25.
Councilman Halby stated this means no camping by homeless at Quechan Park, no camping in any City parks.
Interim City Manager Crecelius stated that is correct. The City does not have an Ordinance or policy allowing camping in City parks.
Councilman Halby asked about sidewalks and bus shelters. Interim City Manager Crecelius stated the bus stops are not City property, but this Ordinance includes sidewalks.
Public comment. Diane Easley of Hobsonway asked what the plan was to redirect these homeless people. Are there new services being brought on board to address that? Are they taken to jail, and then released, then what? Are you coordinating with Sacramento? There is an issue across the state.
Council Member Halby moved approval of staff’s recommendation. The motion was seconded by Council Member Spraggins with a unanimous aye vote.
ORDINANCE NO. 936-25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 12.32 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY PROHIBITED) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF BLYTHE MUNICIPAL CODE Agreement for Annual Inspection and Maintenance of WTP and WWTP PV Solar Sites. Finance Director Elms stated In 2015, Council approved an energy service agreement with Climatec LLC and SunPower Corporation for implementation of energy-related improvements to City facilities. The agreement included the installation of PV solar systems at the Water Treatment Plant and Wastewater Treatment Plant by SunPower, additionally the City entered into an agreement with SunPower for operation and maintenance of both systems for a term of 25 years. In 2022, the City received notice that SunPower entered a purchase agreement with TotalEnergies transferring Sunpower’s obligation under the maintenance agreement with the City to TotalEnergies. The City would later receive notice from TotalEnergies of their intent to terminate its agreement with the City for these services effective January 2024. The last documented visit by TotalEnergies to either of the systems for maintenance under the agreement was October 2023. The visit documented multiple issues with the system at the Water Treatment Plant. These issues were left unresolved and are causing the underperformance of the system. In response to the termination of agreement by TotalEnergies and to address the issues with the underperforming system at the Water Treatment Plant, staff worked with Climatec to identify a contractor that had the expertise necessary to inspect and assess the system at the Water Treatment Plant. The City hired M.B. Herzog Electric for these services. Herzog’s site visit found multiple issues including faulty inverters and faulty tracking of the panels. Both issues have a direct link to the underperformance of the system. The City is negotiating a contract with Herzog for the repairs at the Water Treatment Plant. Meanwhile, neither system has been maintained since TotalEnergies terminated their agreement. Staff obtained cost proposals from Herzog Electric for continued maintenance of both systems. The cost for annual inspection and maintenance is $77,350 per system for a term of 5 years. Herzog’s maximum cost for both systems is a reduction in cost to the City compared to the original agreement with SunPower. To prevent future faults of both systems and to keep both systems performing to reach the savings as projected in the original energy service agreement, staff believes it is in the City’s best interest to contract immediately with Herzog for annual inspection and maintenance of both systems based on Herzog’s cost, expertise, current knowledge of the systems and to prevent delays in energy bill savings. Therefore, pursuant to Section 2.65.070 (I) of BMC, it is recommended that City Council make a determination to exempt the procurement of annual inspection and maintenance services for the solar systems at the Water Treatment Plant and Wastewater Treatment Plant from formal bidding requirements finding it in the City’s best interest to do so based on the conditions identified. It is further recommended Council authorize the Interim City Manager to enter and execute agreement(s), once approved by the City Attorney, with M.B. Herzog Electric, Inc. for the annual inspection and maintenance services for the Water Treatment Plant and Wastewater Treatment Plant for a term of 5 years, for a maximum cost for both systems over the 5-year term of $154,700.
No public comment. Council Member Burton moved approval of staff’s recommendation. The motion was seconded by Council Member Halby with a unanimous aye vote.
Purchase of a 2024 Dodge Ram 3500 Brush Truck. Fire Chief Hasler stated the purchase of a new fast attack vehicle, or brush truck, is due to our current vehicle being a 1997 Ford pick-up which has met its useful life. Due to the expansion of our City limits, we now encompass more rural areas. When we respond to these areas our large engines are not able to get to them or have access to a fire. We wanted this truck, which can carry enough water for a fast attack of these brush fires to start knocking down the fire until the larger engines can respond. The truck we are purchasing is a 2024 Dodge Truck with a 350-gallon water tank. It’s equipped for brush fighting and has a wench on the front. There are times when we need to move tree sumps or branches to get to a hot spot. This will be a multiuse vehicle. We can use it for small stuff like trash can fires and a second truck for medical aid, reducing the wear and tear on our larger engines. It’s a four door with the capability of carrying 5 personnel.
No public comment. Council Member Spraggins moved approval of the purchase of a 2024 Dodge Ram Truck for the Fire Department. The motion was seconded by Council Member Burton with a unanimous aye vote.
Resolution No. 2025-001 Making the Required Certification for an Exception to the 180-Day Wait Period and Approve the Appointment of Thomas Ecret as a Retired Annuitant in the Position of Wastewater Treatment Plant Supervisor. Public Works Director Elegores stated the City’s Wastewater Treatment Plant is a Class III Facility, and the treatment process is Activated Sludge. On average, the Wastewater Treatment Plant treats 1.3 million gallons of sewage collected in the City’s sewer collection system per day. The Wastewater Treatment Plant is typically operated by staff consisting of the Wastewater Treatment Plant Supervisor with a Grade III Wastewater Certification and three full-time employees with Grade II and Grade I Wastewater Certifications issued by the State of California. To operate the Wastewater Treatment Plant, the State of California requires an operator with a Grade III Wastewater Certification from the State. The City’s longtime Wastewater Treatment Plant Supervisor, Thomas Ecret, retired from the City of Blythe effective January 23, 2025. As the former Wastewater Treatment Plant Supervisor, Mr. Ecret has a Grade III Wastewater Certification from the State. The City does not currently have any other employees that have the required Grade III Wastewater Certification. As such, Mr. Ecret’s services are necessary due to the critical need for the continued operation of the City’s Wastewater Treatment Plant until the City fills the Wastewater Treatment Plant Supervisor position on a permanent basis. Pursuant to California Government Code Sections 7522.56 and 21224, a retiree through the California Public Employees Retirement System can be appointed by the appointing power of the employer without reinstatement or loss of retirement benefits either during an emergency to prevent stoppage of public business or because the retiree has skills needed to perform work of limited duration. However, the retiree is not eligible to be employed for a period of 180 days following retirement, unless an employer certifies the nature of employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. As outlined above, Mr. Ecret’s appointment as an extra help retired annuitant is necessary to fill the critically needed position of Wastewater Treatment Plant Supervisor, with the required Class III Wastewater Certification from the State, to ensure the continued operation of the Wastewater Treatment Plant. This appointment is limited to 960 hours per fiscal year. Mr. Ecret will be paid a rate of $55.81 per hour. Over the next 12 months, the City will work to fill on a permanent basis, the Wastewater Treatment Plant Supervisor position. Therefore, staff recommends Council adopt Resolution No. 2025-001, appointing Thomas Ecret to provide extra help to the City of Blythe for approximately one day per week.
No public comment. Council Member Halby moved approval of staff’s recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote.
RESOLUTION NO. 2025-001. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING THE REQUIRED CERTIFICATION FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD AND
APPROVING THE APPOINTMENT OF THOMAS ECRET AS A RETIRED ANNUITANT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND 21224.
Participation with Riverside County Office of Economic Development in the Submittal of a USDA Rural Business Development Grant. Interim City Manager Crecelius stated staff was asked by Riverside County Office of Economic Development to partner in a USDA Rural Business Development Grant application. If awarded, funds would be granted to local business owners for façade improvements, signage, ADA and sidewalk improvements, etc.
Funds could also be allocated to the owners of vacant storefronts in need of refurbishment to make them tenant ready, this could include electrical, HVAC and health code improvements. We continue to hear that there is available space, but most sites need extensive work to be occupied.
The purpose of this grant is to help improve the City’s built environment which is one of the areas identified in the Kosmont Study commissioned in response to CDCR closing CVSP. If awarded, the implementation of this grant would be a vital step toward developing and renovating infrastructure, creating new jobs and supporting small and emerging businesses. The City’s role in the grant process is to issue a Partnership Letter, obtain letters of support from local small businesses and partner agencies and help with grant administration. Staff was able to obtain support letters from CVAG, PVC, CIF and John Eason with Brown University. We anticipate a letter of support from Congressman Ruiz and the Chamber. The Chamber is also helping the City with letters from local businesses. These support letters will strengthen our application, and we hope to include as many as possible. Therefore, it is recommended Council authorize the Interim City Manager to execute a Partnership Letter to participate with Riverside County Office of Economic Development in submitting a USDA Rural Business Development Grant. It is further recommended Council authorize the Interim City Manager to execute any and all grant documents and items necessary to administer the grant program and provide an in-kind contribution of staff time, salaries, benefits and wages for the program.
No public comment. Council Member Halby moved approval of staff’s recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote.
No public comment. Council Member moved approval of participation in the USDA Rural Development Grant. The motion was seconded by Council Member Burton with a unanimous aye vote.
Quechan Park Summer Pass. Interim City Manager Crecelius stated the City’s adopted fee schedule for Quechan Park includes parking with boat launch at $12 per day. An annual pass is available for $150. The pass is valid from July 1st through June 30th, consistent with the City’s fiscal year. Passes purchased after July are prorated. As most use of Quechan Park occurs during the summer months, staff would like to issue a Summer Pass for $75. The Summer Special would be valid for use between May 1, 2025 and October 31, 2025. If the Summer Special is successful, staff will request the Council add the Summer Pass to the fee schedule via Resolution. Therefore, staff recommends that Council authorize staff to offer a Summer Special for Day Use with Boat launch at Quechan Park for $75.e Passs purchased after May would be prorated.
No public comment. Councilman Halby moved approval of staff’s recommendation. The motion was seconded by Council Member Burton with a unanimous aye vote.
ORAL REPORTS:
Police Chief Dale introduced new Police Officer Edgar Duran.
Interim City Manager Crecelius reported on the new Program Coordinator at the Recreation Center. The goal was to have someone focused on activities to engage with the kids at the Rec after school. France Camou was hired about a month ago and has hit the ground running. I am very excited about what she is doing and has planned.
PUBLIC COMMENT: None
ADJOURN: The City Council meeting was adjourned at 6:53pm. ________________________________
Joseph DeConinck, Mayor
ATTEST:
________________________
Mallory Crecelius, City Clerk