Brawley City Council &
Successor Agency to Brawley
Community Redevelopment Agency
Regular Meeting Agenda
Tuesday, January 7, 2020 6:00 PM
City Council Chambers
383 Main Street
Brawley, California 92227
Norma Kastner-Jauregui, Mayor Alma Benavides, City Clerk
Luke Hamby, Mayor Pro-Tempore William S. Smerdon, City
Sam Couchman, Council Member Attorney/City Treasurer
George A. Nava, Council Member Rosanna Bayon Moore, City Manager/
Donald L. Wharton, Council Member Executive Director
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
2. PUBLIC APPEARANCES/COMMENTS (Not to exceed 4 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 questions and comments to the City Council.
3. SPECIAL PRESENTATION
a. Recognition of Brawley Residents, Rotary Interact Club and Kiwanis Club Members for Completion of Hinojosa Park Tree Stewardship Training.
4. 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.
a. Approve Accounts Payable: December 5, 2019 Pgs. 6-18
December 12, 2019 Pgs.19-30
December 19, 2019 Pgs.31-45
b. Approve City Council Minutes: November 5, 2019 Pgs. 46-49
November 19, 2019 Pgs. 50-55
December 3, 2019 Pgs. 56-63
c. Approve 2nd Reading of Ordinance No. 2019-06: Ordinance of the City Council of the City of Brawley, California, Amending the Brawley Municipal Code to Change the Zoning Designation for Specified Properties. Pgs. 64-65
d. Adopt Resolution No. 2020- : Resolution of the City Council of the City of Brawley, California Amending Fiscal Year 2019/2020 City of Brawley Budget for the Parks & Recreation Department in the Amount of $11,683.00. Pgs. 66-67
e. Authorize Contract Change Order No. 003 to Contract 2018-05 Streets Rehabilitation Phase 11 (Construction) in the Amount of $0.00 to Aggregate Products, Inc. with a Contract Time Extension of 53 Calendar Days. Pgs. 68-70
f. Reject Claim as recommended by Carl Warren & Company Claims Management Adjusters for Claimant: Arturo Beltran. Pg. 71
5. PUBLIC HEARING
a. Conduct the Public Hearing under the Requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”). Pgs. 72-89
1) Resolution No. 2020- : Resolution of the City Council of the City of Brawley, California Rescinding Resolution No. 2019-54.
2) Resolution No. 2020- : Resolution of the City Council of the City of Brawley, California Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving the Issuance of Revenue Bonds by the Authority for the Purpose of Financing or Refinancing the Acquisition, Construction and Improvement of Certain Facilities for the Benefit of Brawley Pacific Associates Iii, a California Limited Partnership.
6. REGULAR BUSINESS
a. Discussion and Potential Action to Authorize Professional Engineering Services Agreement with Lee & Ro Engineering, Inc. for Rancho Los Lagos Water Impact Study in an Amount Not to Exceed $35,852.00.Pgs. 90-106
b. Discussion and Potential Action to Approve Expenditure Plan and City Council Resolution No. 2019- __: Resolution of the City Council of the City of Brawley, California Accepting Grant Funds from the State of California Citizen’s Option for Public Safety (COPS) FY 2017-2018 through the State of California Local Safety and Protection Account. Pgs. 107-112
c. Discussion and Potential Action re: Mayoral Appointment of City Council Members to Boards, Commissions and Committees for 2020. Pgs. 113-115
d. Discussion and Staff Direction re: Vacancy on City of Brawley Parks & Recreation Commission for Term Ending June 30, 2021.
7. INFORMATIONAL REPORTS
a. Record of Building Permits for November 2019 in the City of Brawley, Prepared by Oscar Escalante, Interim Building Official. Pg. 116
8. DEPARTMENTAL REPORTS
a. Monthly Staff Report for January 2020, Prepared by Personnel & Risk Management Administrator Shirley Bonillas. Pg. 117
b. Update by Public Works Director Guillermo Sillas, PE
i) Emergency Construction at the Brawley Water Treatment Plant 1) to Replace Components of Two Sedimentation Basins and 2) to Recondition Water Distribution Pumps and Motors 422 and 423.
ii) Emergency Installation of Traffic Signal at Cesar Chavez and Main Street.
9. CITY TREASURER REPORT
a. Investment Portfolio Report as of September 30, 2019. Pgs. 118-119
10. CITY COUNCIL MEMBER REPORTS
11. CITY MANAGER REPORT
12. CITY ATTORNEY REPORT
13. CITY CLERK REPORT
14. CLOSED SESSION
a. 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 California Government Code § 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 38 potential claims (California Government Code § 54956.9)
EXISTING LITIGATION (California Government Code §54956.9)
a. Conference with Legal Counsel – Two (2) Cases
i. Frankie Rodriguez, Pablo C. Lopez, Marco A. Garcia, Omar Balderas, Gerardo Vindiola, David Villalobos, Julian Jimenez, Ricardo Rosales, Daniel Atondo, David Siquieroz, Jonathan Gutierrez, Anthony Padilla, Julio Velasquez, Roberto Orozco, Mariano C. Valenzuela, Jr., Raul Bernal, Ralph Walker, Jose Limon and Pete Guzman, on behalf of themselves and all other employees similarly situated vs. City of Brawley.
ii. Brawley Public Safety Employee Association, Jeremy Schaffer, David Holetz, Jorge Garibay, Darlene Garcia, Dennise Montano, Nathan Montes-Gonzalez, Karla Razo, Daniel Swithenbank, Daniel Schleyer, Ricardo Gutierrez, Juan Morales, Ana Amaya, Brian Harsany, Angelica Garcia, Martha Garcia, Javier Martinez, Jake Yuhas, Dean Beckwith, Ricardo Valdez, David Pham, Stephen James Dyroff, Adriana Ruiz, Jon Dellinger, Isaac Romo, Jesse Yuhas, Susanne Nickel, Rudy H. Nunez, Diana Diaz, Sixto Moreno, Joon Kim, Francisco Mendoza, Maghen Caudill, Regina Kim vs. City of Brawley.
POTENTIAL LITIGATION (California Government Code §54956.9)
a. Conference with Legal Counsel – One (1) Case
REAL PROPERTY NEGOTIATIONS
a. Conference with Real Property Negotiator – (California Government Code §54956.8)
Address: 225 A Street, Brawley, California
Negotiator: City Manager
Negotiating Parties: Boys & Girls Club
Under Negotiation: Rate and Terms
b. Conference with Real Property Negotiator – (California Government Code §54956.8)
Address: APNs 047-231-013 and 047-231-014, Brawley, CA
Negotiator: City Manager
Negotiating Parties: R. Garcia Construction, Inc.
Under Negotiation: Rate and Terms
ADJOURNMENT
