CITY OF BRAWLEY
March 5, 2024
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.
REGULAR MEETING:
Mayor Castro called the meeting to order at 6:00 p.m.
www.youtube.com/watch?v=LUIrl3x7rXc
PRESENT: Castro, Wharton, Rebollar, Hamby, Nava
PRESENT VIA ZOOM: None
ABSENT: None
INVOCATION: CM Hamby
PLEDGE OF ALLEGIANCE: Max Reyes
1. APPROVAL OF AGENDA:
Eric Reyes requested that item 3f be pulled from the consent agenda and discussed under regular business.
The Agenda, with the requested change was approved. m/s/c Hamby/Nava 5-0
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.
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 [email protected] or call 760- 351-3080 any time before 2:00 pm, March 5, 2024.
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.
a. Public Comments Not on the Agenda:
1. Max Reyes made comments regarding an upcoming Ceasar Chavez event. His comments may be viewed at: www.youtube.com/watch?v=LUIrJ3x7rXc
2. Eric Reyes made comments regarding the Ceasar Chavez event. His comments may be viewed at:
www.youtube.com/watch?v=LUIrJ3x7rXc
b. Presentation of Certificate of Recognition to Juan Antunez. Presented by Mayor Ramon Castro, Brawley City Council.
The presentation may be viewed at:
www.youtube.com/watch?v=LUIrJ3x7rXc
c. Presentation of Certificate of Recognition to Delarie "DJ" Juarez. Presented by Mayor Ramon Castro, Brawley City Council.
This presentation has been rescheduled and will occur at pep rally to be held at Brawley Union High School.
d. Presentation of Certificate of Recognition to Josefa Villegas Torres. Presented by Mayor Ramon Castro, Brawley City Council.
Mr. Nava announced that this presentation was held earlier in the morning and the proclamation was present by Mayor Castro and that he was also in attendance.
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. Item 3f was pulled and considered under Regular Business. m/s/c Hamby/Rebollar 5-0 a. Approved City Council Minutes: February 20, 2024.
b. Approved demand check registers processed from Feb. 10, 2024 to Feb. 23, 2024. c. Received and filed the Second Quarter Fiscal Year 2023/24 Treasury Report for Quarter Ended December 31, 2023.
d. Authorized a one-time payment for consultant Hinderliter de Llamas & Associates for Sales Tax Recovery Audit Fee.
e. Approved a Letter of Support to protect dedicated Regional Early Action Planning grants (REAP2.0) Program Funding.
www.youtube.com/watch?v=LUIrJ3x7rXc
f. Approve Memorandum of Understanding (MOU) between the City of Brawley and Clean Water Ventures, Inc. (CWV) to potentially develop, own, operate, install, and maintain Modular Hydro -Thermal Technology (MHTT) Clean Water -Green Energy Systems.
This item was considered as part of regular business.
4. CITY MANAGER REPORT:
The City Manager reported the following:
a. Parks and Rec obtained a grant in the amount of $25,000 to help support summer day camp.
b. Parks and Rec also obtained a grant in the amount of $8,000 to be used for the Senior Center's tranquility garden.
e. The City Manager had Petra make a presentation about the City's new website.
The City Manager's report may be viewed at: www.youtube.com/watch?v=LUIrJ3x7rXc
5. REGULAR BUSINESS:
Item 3f from the Consent Agenda: Approve Memorandum of Understanding (MOU) between the City of Brawley and Clean Water Ventures, Inc. (CWV) to potentially develop, own, operate, install, and maintain Modular Hydro -Thermal Technology (MHTT) Clean Water -Green Energy Systems.
The MOU was approved. m/s/c Wharton/Rebollar 5 — 0.
www.youtube.com/watch?v=LUIrJ3x7rXc
a. Review and approve Professional Services Agreement with Tripepi Smith to provide public outreach services pertaining to a potential local ballot measure for upcoming municipal election. This agreement for a term of one (1) year, is for a not to exceed amount of $152,300.00. Presented by Thomas Garcia, Assistant to the City Manager.
The agreement was approved. m/s/c Nava/Hamby 4-1 Rebollar voted no. www.youtube.com/watch?v=LUIrJ3x7rXc
b. Review and potential action to approve first reading of the draft ordinance designed to address concerns about noise issues in City limits. Presented by William Smerdon, City Attorney.
The first reading of the ordinance was approved. m/s/c Nava/Hamby 5-0. www.youtube.com/watch?v=LUIrJ3x7rXc
6. PUBLIC HEARING:
c. Review and approve Professional Services Agreement Amendment No. 1 with Dutton Consulting for the continued Professional Consulting Services to proposed Rancho Los Lagos development activities and anticipated LAFCO hearing in early 2025; and authorize the City Manager to execute this agreement. Presented by Thomas Garcia, Assistant to the City Manager.
The amendment was approved. m/s/c/ Nava/Wharton 5-0.
www.youtube.com/watch?v=LUIr.113x7rXc
d. Discuss and approve Resolution 2024-_ and Ordinance 2024-_ (first reading) to authorize installation of a stop sign for westbound traffic at the intersections of Legion Street and Walmart access road. Presented by Rom Medina, Director of Public Works Operations.
The resolution was adopted and the first reading of the ordinance was approved. m/s/c Wharton/Nava 5-0. www.youtube.com/watch?v=LUIrJ3x7rXc
e. Discuss and approve award of contract for Specification No. 2023-04, Road Improvements Projects at Various Locations, to LC Paving & Sealing Inc. Contract amount of $563,298.00, authorize at 20% contingency of $112,659.60 for a total 3 project amount of $675,957.60. Further, authorize the City Manager to execute all documentation in relation to this project. Presented by Rom Medina, Director of Public Works Operations.
The contract was awarded to LC Paving & Sealing Inc. m/s/c Hamby/Nava 5-0. www.youtube.com/watch?v=LUIri3x7rXc
a. Public Hearing to hear and consider objections to the sale of real property described as:.
1. The north sixteen (16) feet of Lot 4, Block 126, Original Townsite of Brawley, as shown on Map No. 16, Official Records of Imperial County; and
2. The south twenty (20) feet of the North two hundred ten (210) feet of Lot 4, Block 126, Original Townsite of Brawley, per Map No. 16, Official Records of Imperial County, California.
The Mayor opened the public hearing at 7:45. There were no comments from the public. The Mayor closed the public hearing at 7:46.
5. REGULAR BUSINESS, CONT.:
f. Discussion and potential action to adopt Resolution 2024-_ considering objections to the sale of real property. Presented by William Smerdon, City Attorney. www.youtube.com/watch?v=LUIrJ3x7rXc
The City did not receive any objections to the intended sale, therefore the resolution was not considered.
6. PUBLIC HEARINGS (CONTINUED)
b. Public Hearing to hear and consider objections to the sale of real property described as:
1. Parcel 1, which consists of approximately 24,709 square feet and is described as: TOWNSITE OF BRAWLEY W 124.8FT OF E149.8FT OF S 199FT OF N 229FT LOT1 BLK123 TSTE, APN: 047-231-013; and
2. Parcel 2, which consists of approximately 28,382 square feet and is described as: LOT:1 CITY BRAWLEY SUBD: TOWNSITE OF BRAWLEY W 124.8FT OF E149.8FT OF S 229FT OF N 458FT LOT 1 BLK123 TSTE, APN: 047-231-014.
The Mayor opened the public hearing at 7:47. There were no comments from the public.
The Mayor closed the public hearing at 7:48. www.youtube.com/watch?v=LUIrJ3x7rXc
5. REGULAR BUSINESS (CONTINUED
g. Discussion and potential action to adopt Resolution 2024-_ considering objections to the sale of real property. Presented by William Smerdon, City Attorney.
The City did not receive any objections to the intended sale, therefore the resolution was not considered.
7. INFORMATIONAL REPORTS
a. Monthly Staffing Report for March, 2024.
The Council Members reviewed the report prior to the meeting.
8. CITY COUNCIL MEMBER REPORTS:
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. www.youtube.com/watch?v=LUIrJ3x7rXe
9. CITY ATTORNEY REPORT
There was no report.
10. CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
William merdon, Deputy City Clerk
1. Joint Powers Insurance Authority (JPIA) for Insurance Claims Discussions The Legislative Body, as a Member of a Joint Powers Authority, formed for purposes of insurance pooling pursuant to G.C. Section 6500 et seq., will meet in closed session to discuss claims for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the Joint Powers Agency or a Local Agency Member of the Authority. There are twenty-one (21) Potential Claims (G.C. 54956.9) Information was provided to the Council. No action was taken.
2. Significant exposure to litigation pursuant to paragraph (2) or (3) subdivision (d) of Section 54956.9: (2 cases)
Information was provided to the Council. No action was taken. b. EXISTING LITIGATION (C.G.C. Section §54956.9)
Conference with Legal Counsel— One (1) Case Name of Case: Vertical Bridge Development, LLC vs. City of Brawley
• There was nothing to discuss.
The meeting was adjourned at 8:30 p.m.
•