REGULAR MEETING:
Mayor Nava called the meeting to order at 6:00 p.m.
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CM HambyINVOCATION:
PLEDGE OF ALLEGIANCE:Eric Reyes.
1. APPROVAL OF AGENDA:
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND IN PERSON OR VIA ZOOM The City Council of the City of Brawley, California met in regular session at 6:00 p.m., City Council Chambers, the date, time and place of said meeting was duly established. The Deputy City Clerk attests to the posting of the agenda pursuant to Cal. Govt. Code § 54954.2.
2. PUBLIC APPEARANCES/COMMENTS: (Not to exceed four minutes) this is the time for the public to address the Council on any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council. The Mayor will recognize you and when you come to the microphone, please state your name for the record. You are not allowed to make personal attacks on individuals or make comments which are slanderous or which may invade an individual's personal privacy. Please direct your comments to the City Council.
The public may attend in person the City asks that anyone in attendance this is not fully vaccinated wear a mask. The public may choose to be outside the subject to the same requirements. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to iramos(g) brawley-ca.gov or call 760-351-3080 anytime before 2:00 pm, February 21, 2023. The public may also attend via Zoom.
To participate and make a public comment:
Join Zoom Meeting:
CITY OF BRAWLEY
February 21, 2023
Mayor Pro Tempore Castro requested that item 6 be advanced on the agenda to be held immediately after the City Manager's report. The amended agenda with item 6 advanced was approved m/s/c Castro/Hamby 5-0 http://brawley.thepublicspectrum.org/ PRESENT: Hamby, Rebollar, Castro, Nava
PRESENT VIA ZOOM: Wharton
ABSENT:
Public Comments Not on the Agendaa.
3. http://brawley.thepublicspectrum.org/
b.
Approved City Council Minutes: January 17, 2023a.
b.Approved City Council Minutes: February 7, 2023.
Approved Accounts Payable: January 28, 2023 to February 10, 2023.c. http://brawley.thepublicspectrum.org/
Members of the public are allowed to observe and address public meetings via Zoom or through other electronic means.
Procedures to "swiftly" accommodate any reasonable request to accommodate access by disabled individuals to meetings that are accessible telephonically or through other electronic means in accordance with the Americans with Disabilities Act ("ADA") are in place.
Notice of the procedure is provided for making requests for such reasonable accommodation is provided with the notice of the public meeting.
Presentation on the Imperial County Film Commission, the official advocate for filming interests in the Imperial Valley. Presented by Charla Teeters, Film Liaison/ Consultant.
Ms. Teeters made a presentation regarding the Film Commission's activities. Her presentation may be viewed at: ,
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Mr. Hernandez made comments regarding the need for a revised noise ordinance.
His comments may be viewed at:
Meeting ID: 846 7279 5841
Passcode:816278
3. CONSENT AGENDA: Items are approved by one motion. Council members or members of the public may request consent items be considered separately at a time determined by the Mayor, m/s/c Rebollar/Wharton 5-0
2. Supervisor Ryan Kelley made comments regarding various County developments.
His comments may be viewed at: http://brawley.thepublicspectrum.org/
1. Heidi Gutierrez appeared and made comments regarding project "Don't Get Soaked." Her comments may be viewed at: http://brawley.thepublicspectrum.org/
4. CITY MANAGER REPORT:
The City Manager deferred his report due to time constraints.
6. STUDY SESSION (Advanced):
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5. REGULAR BUSINESS:
a.
c.
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Discussion and potential action to adopt Resolution 2023-rescinding the declaration of local emergency made in March, 2020. Presented by William Smerdon, City Attorney.
Ms. Montano made a presentation. Council members made comments and received various comments the public including Eric Reyes, the owner and manager of Spot 805, Ms. Brock, and Mr. Hernandez. The remarks may be viewed at:
The Council approved the resolution rescinding the declaration of a local emergency. m/s/c Rebollar/Hamby 5-0. http://brawley.thepublicspectrum.org/ The Council approved the proposed purchase and installation and authorized the City Manage to execute the agreement, m/s/c Wharton/Castro 5-0. http://brawley.thepublicspectrum.org/
Discussion and potential action to approve an MOU between the City of Brawley and California National Guard, providing the Brawley Police Department with an Analyst.
Further authorize the Chief of Police to execute the Agreement. Presented by Jimmy Duran, Chief of Police.
Council gave direction to staff to make a report regarding noise ordinances in place in other cities.
The Council approved the proposed MOU and authorized the Chief of Police to execute the same, m/s/c Rebollar/Castro 5-0.
b. Review and potential action to approve awarding Nth Generation Computing, Inc up to $60,000.00 for the purchase and installation of City's Core Network Upgrade. Further authorize the City Manager to execute the Agreement. Presented by Armando Garibay, Director of Information Technology.
a. Discussion to provide staff with direction on potential amendments to the City of Brawley Municipal Code of Ordinances Chapter 18 (Noise). Presented by Andrea Montano, Assistant Planner.
e.
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The Council approved the contract and directed the City Manager to sign the same. m/s/c Castro/Rebollar 5-0. http://brawley.thepublicspectrum.org/ The Council approved the Professional Services Agreement not to exceed $45,900.00. m/s/c Rebollar/Hamby 5-0.
The Council approved the grant application, m/s/c Castro/Rebollar 5-0. http://brawley.thepublicspectrum.org/
Discussion and potential action to approve Los Amigos de la Comunidad request to close Main Street and a portion of North and South Plaza Streets to hold the annual Cesar Chavez Celebration. Secondly, approve request by Los Amigos de la Comunidad to sell alcohol during the event. Presented by Rachel Fonseca, Parks and Recreation Manager.
The Council approved requested street closure and directed staff to waive the fee. m/s/c Rebollar/Castro 5-0.
The Council approved the request to sell alcohol at the event, m/s/c Castro/Wharton 4- 1 (Hamby voted no). http://brawley.thepublicspectrum.org/ d. Discussion and potential action to approve adopting Resolution 2023-approving CalHome grant application for $500,000 in funds to be used for Owner-Occupied Rehabilitation housing program. Presented by Tyler Salcido, City Manager. g. Review and potential action to approve Professional Services Agreement with Clear Source Financial Consulting for a Comprehensive User and Regulatory Master Fee Schedule Implementation and Full Cost Allocation Plan. Contract agreement is for a not to exceed annual amount of $45,900, further authorize City Manager to execute the Agreement. Presented by Karla Romero, Finance Director/City Treasurer. f. Discussion and potential action to approve contract award to Erickson-Hall for Construction Management Services to the Lions Center Pool Rehabilitation Project in an amount not to exceed $88,352.00. Further authorize City Manager to execute associated contract documents. Presented by Rachel Fonseca, Parks and Recreation Manager.
h. Review and potential action to approve InfoSend Master Service Agreement for utility bill data processing, printing, and mailing services for a not to exceed annual amount of $56,000. Further authorize the City Manager to execute this Agreement. Presented by Karla Romero, Finance Director/City Treasurer.
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The Council approved Resolution 2023-. m/s/c Rebollar/Hamby 5-0. k.
7. INFORMATIONAL REPORTS
8. CITY COUNCIL MEMBER REPORTS:
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9. CITY ATTORNEY REPORT:
The City Attorney had no report
10. CLOSED SESSION:
The Council approved the proposed letter of support, m/s/c Wharton/Rebollar 5-0. http://brawley.thepublicspectrum.org/
The City Council reports are available on the City of Brawley's website and are available on the City's audio record of the meeting.
The report is contained in the back up material for the agenda, having considered the report, the Council did not have the Fire Chief make an additional report.
The Council approved the Service Agreement and authorized the City Manager to execute the same, m/s/c Rebollar/Castro 5-0.
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The Council approved Resolution 2023-. m/s/c Wharton/Rebollar 5-0.
Review, discuss and potential action to approve a Letter of Support to the Imperial County Board of Supervisors reference to the Public Health Crisis Fentanyl poses.
Presented by Council Member Gil Rebollar, Brawley City Council.
Review and potential action to adopt Resolution 2023-approving a Purchasing and Contracting Policy for the City of Brawley. This policy will add clarity to government fees and charges for service, as well as providing direction and guidance to staff. Presented by Karla Romero, Finance Director/City Treasurer.
Review and potential action to adopt Resolution 2023-approving an Investment Policy for the City of Brawley. This policy will formally document how interest earnings and changes in the fair market value are recorded by the City on a quarterly basis.
Presented by Karla Romero, Finance Director/City Treasurer. http://brawley.thepublicspectrum.org/
a. Update on City of Brawley Declaration of Local Emergency as a result of the C0VID19 Pandemic. Presented by Fire Chief Mike York.
a.
Information was provided to the City Council by the City Attorney. b.
Case 2: Council provided direction to staff.
c.
An issue was discussed with the City Manager.
The meeting was adjourned at 8:30 p.m.
EXISTING LITIGATION (C.G.C. Section §54956.9) a. Conference with Legal Counsel— One (1) Case Name of Case: Vertical Bridge Development, LLC vs. City of Brawley PERSONNEL MATTERS (G.C. Section §54957) Public Employees Performance Evaluation Title: City Manager.
Case 1: Staff presented a tentative settlement agreement with Brawley Investment Ventures. The settlement agreement was approved pending signature by the other party, m/s/c Castro/Wharton, four in favor, none opposed, Rebollar abstained.
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 2 cases. /A-
William Sm'gjxfon, Deputy City Clerk