Brawley Municipal Code § 2.5 Depositories of city funds

The city council chambers, located at 383 Main Street, Brawley, California, are designated as the place of meetings of the city council. Provided, however, the city council may, from time to time, conduct its meetings at an alternate location in accordance with applicable law.

(Ord. No. 256, § 1; Ord. No. 88-07, § 1; Ord. No. 95-03, § 1; Ord. No. 2006-09, § 1; Ord. No. 2007-01, § 1.)

(Ord. No. 2010-08, § 1, 9-21-10)

4. For state law as to council meetings, see Gov. C.A., §§ 36802 to 36814.

The regular meetings of the city council shall be held on the first and third Tuesdays of each month at 6:00 p.m. If a day herein specified shall fall on a holiday, the meeting shall be held on the day following.

(Ord. No. 100, § 2; Ord. No. 88-07, § 2; Ord. 93-03, § 1; Ord. No. 2000-04, § 1.)

(Ord. No. 2010-08. § 2, 9-21-10)

If a member of the council should refuse to attend any of its meetings the members already convened may compel the attendance of such absent member by ordering the chief of police to bring him by force to such meeting.

(Ord. No. 100, § 3.)

A public library is hereby established in and for the city in accordance with the provisions of the act of the legislature of the state entitled "An Act to Provide for the Establishment and Maintenance of Public Libraries within Municipalities," approved March 23, 1901, and the several acts amendatory thereof and supplementary thereto. 5

(Ord. No. 191, § 1.)

5. For state law as to power of city to acquire, own, maintain, etc., public libraries, see Gov. C.A., § 39732. As to municipal libraries generally, see Ed. C.A., § 22201 to 22265.

The treasurer is hereby directed and required to deposit all city funds for all purposes and for all accounts in the discretion and at the option of the city treasurer in any one or all of the following banks located in the city: Bank of America, National Trust and Savings Association, Security First National Bank of Los Angeles, Imperial Valley National Bank and United California Bank.

(Ord. No. 245, § 1; Ord. No. 588, § 1.)

The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1, Title 4, Part 4, of the California Penal Code.

(Ord. No. 510, § 1.)

Pursuant to Section 13522 of Chapter 1 of the California Penal Code, the city while receiving aid from the state pursuant to Chapter 1 will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Ord. No. 510, § 2.)

The city declares that it desires to qualify to receive aid from the state under the provisions of Section 13522 of the California Penal Code.

(Ord. No. 89-04, § 1.)

Pursuant to Section 13510(c) of the Penal Code, the city will adhere to standards for the recruitment and training of public safety dispatchers established by the California Commission on Peace Officer Standards and Training.

(Ord. No. 89-04, § 2.)

Pursuant to Section 13512 of the Penal Code, the Commission on Peace Officer Standards and Training may make such inquiries as the Commission may deem appropriate to determine whether the city is adhering to the standards for the recruitment and training of public safety dispatchers established by the Commission.

(Ord. No. 89-04, § 3.)

Pursuant to the provisions of the California Redevelopment Law commencing at Section 33000 of the Health and Safety Code of the state of California, the city council finds, determines and declares that there are blighted areas within the city which constitute either social or economic liabilities, or both, requiring redevelopment in the interest of the health, safety and general welfare of the people of the city, and that there is need for a redevelopment agency to function in the city.

(Ord. No. 673, § 1.)*

* Editor's note: Ord. No. 673 replaces Ord. No. 571.

Pursuant to the provisions and authority granted in Section 33200 of the Health and Safety Code, the city council declares itself to be and to constitute the redevelopment agency and all the rights, powers, duties, privileges and immunities of such agency shall be vested in the city council.

(Ord. No. 673, § 2.)*

* Editor's note: Ord. No. 673 replaces Ord. No. 571.

[(a)]

WHEREAS, the Brawley Community Redevelopment Agency (the "Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law (Health and Safety Code § 33000 et seq.; hereinafter, the "CCRL") and pursuant to the CCRL is responsible for the administration of redevelopment activities within the City of Brawley; and

[(b)]

WHEREAS, pursuant to Ordinance No. 680, adopted July 19, 1976, the City Council (the "City Council") of the City of Brawley (the "City") adopted a redevelopment plan ("Original Plan") for the Brawley Redevelopment Project No. 1 (the "Original Project Area"); and

[(c)]

WHEREAS, the Original Plan for the Project Area has subsequently been amended five times by the City Council, as follows:

1. On December 22, 1986, by Ordinance No. 86-18 to extend eminent domain authority, establish a cap on the receipt of tax increment funds and establish an effectiveness deadline;

2. On July 16, 1990, by Ordinance No. 90-14 to add territory (the "1990 Amendment" or "1990 Amended Plan");

3. On December 19, 1994, by Ordinance No. 94-07 to apply the time limitations on incurring and repaying indebtedness and duration of effectiveness with respect to the Original Plan and 1990 Amended Plan pursuant to CCRL § 33333.6 (per AB 1290);

4. On June 6, 2006, by Ordinance No. 2006-05 to: i) repeal the timeline for incurring debt (per SB 211), and ii) extend the time periods of effectiveness and collection of tax increment by one year (per SB 1045) with respect to the redevelopment plans for the Original Plan and the 1990 Amended Plan; and

5. On July 17, 2007, by Ordinance No. 2007-04 to: i) add territory and fully replace and supersede the Original Plan and 1990 Amended Plan; and ii) comply with CCRL § 33342.7 (per SB 53)(the "2007 Amendment" or "2007 Amended Plan"); and

(d) WHEREAS, pursuant to the 2007 Amended Plan, on a combined basis the territory of the Original Project Area, the 1990 Amendment and the 2007 Amendment (collectively, the "Component Areas"), constitute the Project Area for the Redevelopment Plan for the Brawley Redevelopment Project No. 1, as amended, which consists of approximately 1,416 acres (the "Amended Project Area"); and

(e) WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is 10 years or less from the last day of the fiscal year in which an Educational Revenue Augmentation Fund (the "ERAF") payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(i) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7; and

(f) WHEREAS, with respect only to redevelopment plan amendments that are consistent with the immediately preceding recital, the legislative body need not adopt any additional findings for such extensions; and

(g) WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF payment is made (pursuant to CCRL § 33681.12), CCRL § 33333.6(e)(2)(D)(ii) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, amend the redevelopment plan to extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 33354.6 or Article 12 (commencing with Health and Safety Code § 33450) or any other provision of the CCRL related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by CCRL § 33607.7 provided the City Council makes certain findings with respect to the affected redevelopment plan; and

(h) WHEREAS, as of the adoption date of the 2007 Amendment, the time limits on the effectiveness of the redevelopment plans and the time limits to repay indebtedness or receive property taxes for each of the Component Areas are as follows:

(i) WHEREAS, the Original Project Area component of the Amended Project Area meets the prerequisites of CCRL § 33681.12, as described herein, and therefore the City Council by adoption of an ordinance may, for each year that an ERAF payment was made (i.e., Fiscal Years 2004-05 and 2005-06), extend by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670 for the Original Project Area component of the Amended Project Area; and

(j) WHEREAS, the Agency made the Fiscal Year 2004-05 and the Fiscal Year 2005-06 payments for deposit in the Imperial County ERAF pursuant to CCRL § 33681.12; and

(k) WHEREAS, The notice of public hearing that is a prerequisite to the consideration of this Ordinance was mailed to the governing bodies of the affected taxing entities at least thirty (30) days prior to the public hearing and published in a newspaper of general circulation at least once not less than ten (10) days prior to the date of the public hearing; and

(l) WHEREAS, the Agency and the City Council desire that the Original Project Area component of the Amended Project Area be amended to extend by two years the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to CCRL § 33670(b) with respect to the Original Plan as a result of the Agency's ERAF payments made during Fiscal Years 2004-05 and 2005-06.

(Ord. No. 2011-04, § 1, 8-12-2011)

(a) The recitals contained in section 2.5-4.1 are true and correct and a substantive part of this section.

(b) The city council hereby finds and determines with respect to the original project area component of the amended project area as follows:

(1) Funds used to make the fiscal year 2004-05 and the fiscal year 2005-06 ERAF payments would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the redevelopment plan for the original project area component of the amended project area;

(2) The agency is in compliance with the requirements of CCRL § 33334.2;

(3) The agency has adopted an implementation plan in accordance with the requirements of CCRL § 33490;

(4) The agency is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable;

(5) The agency is not subject to sanctions pursuant to CCRL § 33334.12 for failure to expend, encumber or disburse excess surplus; and

(6) The notice of public hearing was mailed to the governing bodies of the affected taxing entities at least thirty days prior to the hearing and published in newspaper of general circulation at least once not less than ten days prior to the date of the public hearing.

(c) Pursuant to the authority provided by CCRL § 33333.6(e)(2)(D), the city council hereby extends by two years the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes for the original project area component of the amended project area.

(d) Pursuant to the authority provided by CCRL § 33333.6(e)(2)(D), the following dates are hereby established as the latest date of effectiveness and the latest date on which the agency shall repay indebtedness or receive property taxes with respect to the original project area component of the amended project area:

(e) The latest dates of effectiveness and the latest dates on which the agency shall repay indebtedness or receive property taxes with respect to the 1990 amendment and 2007 amendment components of the amended project area shall remain the same.

(f) With respect to any ambiguity or conflict within the redevelopment plan regarding the time limit for effectiveness and/or time limit to repay indebtedness or receive property taxes related to the redevelopment plan for the Brawley Redevelopment Project No. 1, as amended, the time limits established by this section shall prevail. Except as amended by this section, all other terms and conditions of the redevelopment plan for the Brawley Redevelopment Project No. 1, as amended, shall remain the same.

(g) If any part of Ordinance No. 2011-04 is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of Ordinance No. 2011-04 and this City Council hereby declares that it would have passed the remainder of Ordinance No. 2011-04 if such invalid or unconstitutional portion thereof had been deleted.

(h) The City Council hereby authorizes and directs the City Manager and agency executive director to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the action authorized by this section.

(i) The City Council held a duly noticed public hearing on the adoption of Ordinance No. 2011-04.

(j) Ordinance No. 2011-04 shall be in full force and effect thirty days after passage.

(k) The City Clerk shall certify to the passage of Ordinance No. 2011-04 and is hereby directed to publish or post Ordinance No. 2011-04 in accordance with law.

(l) The enactment of Ordinance No. 2011-04 is not a project pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.), and specifically § 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Because enactment of Ordinance No. 2011-04 is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines § 15061(b)(3), and the City Clerk is directed to file a notice of exemption with the County Clerk pursuant to CEQA Guidelines § 15062 within five days of the adoption date of Ordinance No. 2011-04.

(Ord. No. 2011-04, § 2, 8-12-2011)

California Government Code Section 36516 authorizes the city council to provide by ordinance that each member of the council shall receive a prescribed salary. The purpose of this section is to prescribe a salary to be received by each council member.

(Ord. No. 573, § 1; Ord. No. 86-05, § 1; Ord. No. 2008-03, § 1.)

As of the date of the adoption of the ordinance codified in this section, the latest estimate of population of the city of Brawley is twenty-five thousand five hundred fifty-four, being an estimate validated by the department of finance.

(Ord. No. 573, § 2; Ord. No. 86-05, § 1; Ord. No. 2008-03, § 2.)

Each member of the city council of the city of Brawley shall receive, as salary, the sum of six hundred forty-five dollars per month, which reflects an increase in salary equal to five percent of each calendar year from the operative date of the last adjustment of the salary of the city council persons in effect when this section was last amended in 1986. The last operative date of such ordinance adjusting the salary of the city council was 1986. Said salary shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.

(Ord. No. 573, § 3; Ord. No. 86-05, § 1; Ord. No. 2008-03, § 3.)

Following any new and later determination of population made by a subsequent census or estimate validated by the Department of Finance placing the city in a population group other than that set forth in section 2.5-7, the salary hereby payable to each member of the council shall be increased or decreased accordingly to equal the sum prescribed for that population group by Government Code section 36516 as amended by chapter 100, Statutes of 1984, provided, however, that the salary as so increased or decreased shall become payable only on and after the date upon which one or more members of the council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the city.

(Ord. No. 573, § 4; Ord. No. 86-05, § 1.)

The salaries prescribed herein are and shall be exclusive of any amounts payable to a member of the council as reimbursement for actual and necessary expenses incurred by such member in the performance of official duties for the city; and any amounts paid by the city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining the salary of council members pursuant to this article provided the same benefits are available and paid by the city for its employees.

(Ord. No. 573, § 5; Ord. No. 86—05, § 1.)

Sections 2.5-5 to 2.5-10 as amended herein shall become operative only on and after the date upon which one or more members of the council of the city become eligible for the salary prescribed herein by reason of beginning a new term of office following the general municipal election next succeeding the adoption of the ordinance codified in this section.

(Ord. No. 573, § 6; Ord. No. 86—05, § 1.)

An amended contract between the city and the board of administration of the state employees' retirement system is hereby authorized, a copy of said amendment being attached to the ordinance codified in this chapter, marked Exhibit A, and by such reference made a part hereof as though set out in full herein.

The mayor of the city is hereby authorized, empowered and directed to execute said amendment for and on behalf of said agency.

(Ord. No. 611, § 1, 2; Ord. No. 2001-04, §1.)

(a) Delegation. Pursuant to sections 53607 and 53608 of the Government Code, the authority to invest and reinvest funds of the city, to sell or exchange securities so purchased and to deposit such securities for safekeeping is hereby delegated to the city treasurer.

(b) Investments. The city treasurer is hereby authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under sections 53601 and 53635 of the Government Code, as they now read or may hereafter be amended, from funds in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased.

(c) Redemptions. From time to time the city treasurer shall redeem the securities in which city monies have been invested pursuant to subsection (b) of this section, so that the proceeds may be applied to the purposes for which the original purchase money was designated or placed in the city treasury.

(d) City bonds. Bonds issued by the city and purchased pursuant to subsection (b) of this section, may be canceled either in satisfaction of sinking fund obligations or otherwise; provided, however, that such bonds may be held uncanceled and while so held may be resold.

(e) Reports. The city treasurer shall make a monthly report of all such investments to the city council.

(f) Deposits. The city treasurer is hereby authorized to deposit for safekeeping with a trust company or a state or national bank located within this state, or with the Federal Reserve Bank of San Franchisco, or any branch thereof located within this state, or with any federal reserve bank, or with any state or national bank located in any city designated as a reserve city by the board of governors of the federal reserve system, the securities in which the city funds have been invested pursuant to subsection (b) of this section; provided, however, that the city treasurer shall take from such trust company or bank a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such trust company or bank until they are withdrawn therefrom by the city treasurer.

(Ord. No. 625, §§ 1 to 6.)