MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
January 18, 2022
CALL TO ORDER
Mayor Osorio called the meeting to order at 5:31 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Mayor Osorio offered a moment of silence.
FLAG SALUTE
Mayor Pro Tem Vasquez led the flag salute.
ROLL CALL
Council members present: Bryan Osorio (via teleconference), Veronica Vasquez (via teleconference), Joe Alindajao (via teleconference), Liz Morris (via teleconference), Salvador Solorio-Ruiz (via teleconference)
Council members absent: none
OFFICIALS PRESENT
City Clerk Chavez (via teleconference), City Attorney Richman (via teleconference), City Engineer Dowling (via teleconference) Finance Director Lara Rios (via teleconference), Human Resources Director Zamudio (via teleconference), Chief of Police Davis (via teleconference), and Interim Community Development Director Mynk (via teleconference)
PRESENTATIONS AND AWARDS
No items
PUBLIC HEARINGS
1) Consideration of Adopting a Resolution to Continue to Permit Teleconferencing Attendance Option for City Council and other City Legislative Body Meetings Pursuant to AB-361 for Next 30 days
City Attorney Richman provided staff report.
Mayor Osorio opened public comment.
No public comment.
Mayor Osorio closed public comment.
Council Member Morris shared she’d approve for this next month.
Motion made by: Morris
2nd by: Vasquez
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
ITEMS FROM THE PUBLIC
1. Viviana Camacho, Loud for Tomorrow, shared her support for sales of cannabis. She further stated that she had a petition in which they received over 44 signatures in three days to present to the City Council. Ms. Camacho read the language of the petition as follows: “Dear Mayor Osorio and Delano City Council Members, it’s time to repeal the outdated ban on the growth, manufacturing, and sales of cannabis here in Delano. This ban means the city can’t regulate and monitor the sales of cannabis, so it’s actually harder to keep youth and everyone on our city safe. On top of that we are losing jobs, revenue and making it harder for our chronically ill residents to get the medicine they need.
We’re urging the City Council to not just legalize the sales of cannabis here, but to use the tax revenue to fund youth programs focused on preventing gun violence and building a safer community for everyone. Right now, our neighboring cities of Tulare, Farmersville, Porterville and Fresno all allow the sale of cannabis, and their communities are benefiting from the millions and millions additional tax revenue. It’s time for Delano to catch up.”
2. Mike Gutierrez stated on December 20th he implored the council to initiate a fair investigation into allegations that if true, would mean one of them would be guilty of conduct detrimental to the community, conduct so egregious that it should disqualify them to remain in office. He further stated the allegations are that one of them interfered with the duties of a city employee which led to disciplinary action against that person, as well as directing the City Manager to remove the disciplinary action from the employee’s personnel file; then threatening the job of the City Manager because she would not comply. Mr. Gutierrez also stated that recently an investigative reporter published a news article titled, “What’s going on in Delano” stating that at the December 6th City Council meeting he openly accused the Vice Mayor of tampering with an internal investigation involving a Delano police officer. He clarified to set the record straight, he did not make those public remarks, nor did he specify that the city employee was a police officer or that the council member was Ms. Vasquez. He further added, it is evident that the investigative reporter uncovered that important information. He also stated if it’s fact, he added to the other allegations he mentioned, the vice mayor was guilty of keeping a peace officer from performing his job on several occasions as reported, the Vice Mayor would be guilty among other things of wasting tax dollars of Delano citizens. He stated it would be the same person who campaigned as being a tax champion for the citizens of Delano. Mr. Gutierrez referenced in a KGET article published during her campaign, Ms.
Vasquez stated, “I understand how hard the people in Delano work, how they’ve been taxed so much, and they’ve been given so little. That needs to stop. It’s not fair to them.” He agreed to that being right, in which that it’s not fair to cheat the hard-working taxpayers of Delano. He further elaborated that not only were they robbed of the services they paid for with their taxes, but at the same time they also allegedly kept a police officer from being on the streets protecting their safety. How can a city council person who selfishly regards her own personal concerns over the safety of the citizens she claims to care about remain in office if these allegations are true? Mr. Gutierrez continued stating if she then used her position as a councilperson to influence the disciplinary process of the officer, she violated municipal code and is guilty of abuse of power and usurpation of the authority of one the finest and most respected police chiefs in the history of Delano, Chief Robert Nevarez. He further reiterated to again, call for the City Council to vote to initiate an investigation into these serious allegations. Mr. Gutierrez urged the citizens of Delano need to know how each of them stand on this matter, how each of them will vote on this matter and how each of them will act to restore confidence, transparency, and integrity to the city.
3. Monike Reynozo shared her support for the sales of cannabis. She also addressed a concern she had and all the community members regarding the research Council Member Alindajao completed over the topic. She stated as a current master’s student who has conduct many academic research papers, she knows how easily data can be constructed in a different light to favor an outcome. She expressed her concern on the data collection, once completed, how would it be reported. She hopes the researchers continue to remain unbiased and focused on describing the data accurately. She further referenced Council Member Alindajao’s presenter only brought data from illegal dispensaries and not legal dispensaries which has no correlation to the issue. She further reiterated about legalizing recreational and medical cannabis which was brought by Dr. Dirk Horn, CSUB Professor, presented the cost of tax payers when cannabis remains illegal which is about $1.2-2.7 million in Kern County. She further stated legalization benefits all in the community to address community needs. She further addressed the ineffectiveness of the DARE program, but can outreach to other more effective organizations to deal with the combat substance abuse. She stated this has been successfully adapted before and Delano can do the same.
4. Claribel Gutierrez, as a recovering addict of 22 years, she attested that one is too many and 1000 is never enough. She stated that she hears about the benefits of money for programs or the youth, but she sees that the City Council is not transparent about their decision-making, so it’s hard for her to engage in the conversation in which she only sees a one-way track mind. She stated that drugs are drugs, but once they approve dispensaries with the 3-2 vote as that what seems to be the philosophy on this particular City Council. She stated once they make a decision, then they’ll have to implement policies, guidelines and procedure and bring in the Delano Police Department and the school districts. She’s seen all the decisions are 3-2. She shared the mindset of how one first thinks it’s recreation, then it’s due to medical issue, but at the end of the day one of them will lose control and do the same things they said they weren’t going to do: crime, institution, and death. She therefore simply leaves it to the Council’s discretion.
5. Pastor David Vivas addressed some questions he emailed to the entire City Council, which he’s still waiting for a response from Vice Mayor Vasquez, Mayor Osorio and Council Member Solorio-Ruiz and urged them to answer them as they are quite relevant.
He reviewed some of the questions, addressing Council Member Solorio-Ruiz as he believes having police presence increases the risk of harm on brown and black students proportionately in the Delano school grounds. He inquired of Council Member SolorioRuiz to explain to the community of Delano how that is on said students. He asked Council Member Solorio-Ruiz if he knew that police officers are sworn to serve and protect, so has he now a Council Member undermined city employees by making such a statement. He stated that Delano Police officers listen and don’t complain as they go to serve and protect. Pastor Vivas further stated that this theory introduced to the City of Delano made by a sitting council member does not reflect on the police officers. He questioned where Council Member Solorio-Ruiz got his data because it does not apply to police officers in the City of Delano. He then asked of Council Member Solorio-Ruiz, Vice Mayor Vasquez, and Mayor Osorio if they believe that “All Cops are Bastards” (ACAB) as Loud for Tomorrow believes this. Pastor Vivas added that Mayor Osorio said that he is proud to stand with Loud for Tomorrow during a vigil they had on January
6. He stated though this is nonsense, he asked each of them if they actually believe this philosophy and are they proud of this, but if they are not then he’d like each of them to denounce the statement tonight.
CONSENT AGENDA
2) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only
3) Warrant Register in the amount of $4,556,230.05 (Payrolls 12/23/2021 & 01-07- 2022)
4) Minutes of regular City Council meeting of November 1, 2021 5) Minutes of regular City Council meeting of November 15, 2021 6) Adopt resolution approving the revised class specification for Transit Bus Driver Operator (Resolution No. 2022-02)
7) Approval of Professional Services Agreement with Interwest Consulting Group, Inc. for building plan check services (Agreement No. 2022-01) 8) Award of contract for Test Well No. 42 to Zim Industries, Inc., Dba Bakersfield Well and Pump Company, in the amount of $1,434,544.00, and authorize the City Manager to sign the construction contract and any other documents needed to carry this project to completion (Agreement No. 2022-02) 9) Approval of purchase order from Badger Meter for 1,000 water meters totaling $502,063.50
10) Resolution establishing a “No Parking Zone At Any Time” on both sides of Norwalk St. from its intersection at 14th Avenue north to its intersection with Cecil Avenue (Resolution No. 2022-03)
11) Approval of Professional Services Agreement with Edgar & Associates for assistance with SB 919 and SB 1383 Compliance (Agreement No. 2022-03) 12) Approval of Large Open Purchase Orders for the Water Division for January through June of 2022
13) Approval of purchase order from Ferguson for fittings needed to install 1,000 water meters totaling $355,694.91
14) Award of contract for the 2022 10th Ave, Princeton, Thomas, Sewer & Water Replacement Project to JM Pipeline in the amount of $583,945.00 and authorize the City Manager to sign the construction contract (Agreement No. 2022-04) Motion was made by: Morris to approved items 2 – 14 on consent; 2nd by: Vasquez
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA (CONTINUED)
15) Discussion regarding Ordinance to allow Cannabis uses in Delano (Mayor Osorio) (This matter will not be discussed due to staff gathering more information at the request of City Council)
No Council action.
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Council Member Alindajao: He shared that he’s looking forward to discussing the marijuana dispensary issue and thinks there's a lot of good people on both sides of the discussion. He also wanted to thank Mr. Mario Nunez for putting together a public PPE drive as they gave away a significant amount of PPE over 10,000 boxes of masks and 6000 jars of hand sanitizer at zero cost to the city. He also shared appreciation with Manual from Emmanuel's Furniture, who allowed Mr. Nunez to use their parking lot facility. He referenced what the grand jury found that there is divided Council and he thought there's no denying that but thinks that if they are to continue to conduct themselves in a way that that divides them on nonpartisan issues, as he referenced measure “I”/“U” committee, choosing the mayor and choosing the vice mayor, which became a partisan issue. He stressed that if the majority on Council behaves themselves in a way that brings divide to Council; it's going to continue to divide the council. He therefore called on the Mayor, Councilman Woman Vasquez and Councilman Solorio to rise above partisan politics and personal interests. Council Member Alindajao referred to evidence of the divide by directing them to the minutes over this past year, moreover the Mayor’s Congressional page in which he received donations from Council Woman Vasquez and Councilman Solorio-Ruiz to his campaign. He clarified, though not illegal, it does give an appearance that the commitment is to each other and not to the community. He referred to the grand jury report being spot on.
Furthermore, Council Member Alindajao addressed a recommendation in the Grand Jury Report in which he’d like to direct City staff to put on the agenda in the first meeting April, the discussion for the city to go to the ward system, as he believes the ward system could be a benefit if future councils continue to become partisan and divisive. He stated a ward system and electing the mayor to be on that first meeting in April would be for discussion only. He also thought that there's some places in the city, specifically on the west side where he feels that there needs to be more representation. He then turned his attention on the allegations made against the vice mayor, as a prosecutor, he certainly believes in the presumption of innocence which the vice mayor is entitled do that. Council Member Alindajao shared that the allegations that are made by Mr. Gutierrez are significant, and he’s surprised that none of the council members are least talking about it, in which they talk about transparency and accountability, so now there is an opportunity to have to show that they are transparent and accountable regarding the conduct happening on the city council. He specified the allegations is that the vice mayor interfered with an internal affairs investigation, according to Mr. Gutierrez and the news story published by Mr.
Jose Gaspar. Council Member Alindajao referenced the December 6th meeting in which the Vice Mayor asked the question, after Mr. Gutierrez’s comments, to the City Manager was, “How did Mr. Gutierrez get this information?” Council Member Alindajao’s thought a better question is not how he got the information but if the information is true. He stressed that if these allegations are true, they are our serious violations of not only the city ordinance, of ethics and abuse of authority. He reminded the City Council of the ordinance 2.12.030 called the relations with the city council and read the noninterference code ordinance as follows:
“The city council and its members shall deal with the administrative services of the city only through the city manager. The city manager shall take his orders and instructions from the city council as a body, and no individual councilmember shall give any orders or instructions to the city manager or his subordinates. When a decision has been made by the city council as a body, it shall be final and conclusive.” Council Member Alindajao further stated that if the allegations are true, then the Vice Mayor would be in violation of this ordinance directing the city manager, to stop an investigation of a city employee or asking the police chief to stop an investigation of an employee whoever that might have been. He therefore asked the City Attorney to put on an agenda on the first meeting in March, a discussion and a vote to hire an independent attorney at the cost to the city to look into these allegations; whether the Vice Mayor did indeed interfere the internal affairs investigation. He further stated for several questions to be answered such as whether the Vice Mayor violated the law or some ethical line of duty. He also inquired about what did the public records request for revealed by which he emailed the City Clerk, City Manager and City Attorney asking for his own copies of Mr. Gutierrez’s public records request. Council Member Alindajao interest of questions that he wants to know, the public wants to know and his constituents want to know; if it involved a city employee then in what capacity was a city employee serving; though in accordance to the allegations that we heard tonight the news story by Mr. Jose Gaspar, it involved a police officer. Council Member Alindajao further asked what was the violation committed by that police officer; if any, and was the employee disciplined as with other similarly situated employees or did he or she get special treatment due to the fact that he or she had some connection to the Vice Mayor that is not known, but if so, what did the Vice Mayor do to negotiate down or do away with the employee’s discipline. He further posed the questions: how did the Vice Mayor interfere with the investigation and what did she do; what action did she take; what did she ask the City Manager to do; what did she ask the chief to do; what are the parameters of the investigation; what will it cost the taxpayers to hire such an attorney to do an independent investigation; and what is the outcome its wrongdoing found. He believes that these questions would be answered by an investigator, and he’d like for the Council to discuss that issue in the first meeting in March for discussion and a vote. In conclusion, Council Member Alindajao stated that are they going to investigate the issue or will they try to cover this up and sweep it under the rug.
Council Member Alindajao also added some thought and memories of Coach Morales.
Council Member Morris: She thanked everyone involved in the Christmas Parade. She shared about the crab feed event with the Chamber on February 12th as an annual event for the Chamber and the Explorers.
Council Member Solorio-Ruiz: None.
Mayor Pro Tem Vasquez: She stated that during the break, she did two ride-alongs in the am session and pm session. She also gave goodies to staff during the winter break who were keeping our city running. She stated regarding what was said by Council Member Alindajao that she will go and look at the minutes, but she already knows that she’s being misquoted in regard to what he just said. She also clarified regarding the matter that’s being brought up, initially she said it is a human resources issue and it seems people want to continue to make allegations. She reiterated, she will look at the minutes and quote herself accurately, because she already knows how Mr. Alindajao has said it, has been misconstrued. She sees that he’s trying to put a narrative out there and in stating that, she’s asked several times to put on team building on the agenda, but it seems like Mr. Alindajao is blaming everyone else instead of looking at his own behavior.
Mayor Osorio: He thanked city staff and healthcare workers assisting with COVID-19 testing.
He thanked Vice Mayor Vasquez for filling in at the last meeting as he was under the weather.
He also thanked that they are taking the time to get more information on cannabis as it is very important to make an informed decision. He requested that there be more pros and cons especially with looking at surrounding cities who successfully implemented this by getting numbers from other cities He also requested to get numbers of how enforcement looks like.
Lastly, he paid respect to a former baseball coach of his, Mr. Lorenzo Mojica Morales who passed last month as he stressed the importance of coaches and teachers for guidance, development, and growth.
CLOSED SESSION
No items.
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Council Member Morris, seconded by Vasquez, and unanimously carried 5-0 to adjourn the meeting at 6:18p.m.
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Ricardo G. Chavez, City Clerk