AGENDA
DELANO CITY COUNCIL
REGULAR MEETING February 22, 2022
DELANO CITY HALL, 1015 – 11th Avenue 5:30 P.M.
IN ACCORDANCE WITH AB361, THIS MEETING WILL BE CONDUCTED FULLY VIA
TELECONFERENCE, DUE TO THE CURRENT RESTRICTIONS BY SAID ASSEMBLY BILL AND CENTERS FOR DISEASES CONTROL AND PREVENTION (CDC) GUIDELINES. THE
PUBLIC WILL HAVE ACCESS TO CALL IN, LISTEN TO THE MEETING AND PROVIDE PUBLIC COMMENT. IN ACCORDANCE WITH AB361, THERE WILL NOT BE A PHYSICAL LOCATION FROM WHICH THE PUBLIC MAY ATTEND. IN ORDER TO CALL INTO THE MEETING PLEASE SEE THE DIRECTIONS BELOW.
AS STATED ABOVE THERE WILL BE NO IN-PERSON ACCESS FOR THE PUBLIC FOR THE FEBRUARY 22, 2022 CITY COUNCIL MEETING.
TO PARTICIPATE PLEASE FOLLOW THESE INSTRUCTIONS AT THE TIME OF THE MEETING AS FOLLOWS:
https://us02web.zoom.us/j/85925304719?pwd=ZThFYWhrbjQ3c0Vjd3BnNWNqZDVzdz09 Webinar ID: 859 2530 4719
Passcode: 942921
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PRESENTATIONS AND AWARDS
Featured Pet – Lobo
Featured Business – Generals Café & Grill
PUBLIC COMMENT: The public may address the Council on items which do not appear on the agenda. The Council cannot respond nor take action on items that do not appear on the agenda but may refer the item to staff for further study or for placement on a future agenda. Comments are limited to 3 minutes for each person and 15 minutes on each subject. Please state your name and address for the record.
CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. These items are approved in one motion unless a Councilmember or member of the public removes a particular item.
1) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only
2) Warrant Register in the amount of $2,576,332.17
3) Minutes of regular Planning Commission meeting of November 10, 2021 4) Minutes of regular Planning Commission meeting of December 14, 2021 5) Minutes of regular Planning Commission meeting of January 12, 2022 6) Approve an amendment to agreement no. 2021-34 Delano Police Officer’s Association MOU Article 26. Holiday Pay
7) Approve an amendment to agreement no. 2021-33 Management Employee Group MOU Article 10. Holidays
8) Approve an amendment to agreement no. 2021-38 Miscellaneous Employee Bargaining Unit MOU Article 21 Holidays
9) Second and Final Reading of an Ordinance amending the Delano Municipal Code to address Mandatory Organic Waste Disposal Reduction
10) Resolution of the City Council of the City of Delano to submit a Notice of Intent to comply with Senate Bill 619
11) Award of urgent contract for the 2022 Water Wells 26 & 33 Rehabilitation Project to Bakersfield Well and Pump Co. in the amount of $186,930.00 and authorize the City Manager to sign the construction contract
12) Resolutions of the City Council of City of Delano authorizing submittal of application(s) for all CalRecycle grants and Payment Programs for which the City is eligible 13) Approval of amendment No. 4 to lease agreement 2012-119 for Wastewater Municipal Farm Property (Delano II) with B&D Morris Farms adding Bervel II acreage and authorizing the City Manager to execute the amendment
14) Award the Contract for the “2022 Water Meter Contract Installer Project” to Brough Construction, Inc. from Arroyo Grande in the amount of $713,000.00 and authorize the City Manager to sign the construction contract
15) Lease agreement between the City of Delano (“City”) and Hanzel J. Agbayani (“Tenant”) for Hanger H-8 at the Delano Municipal Airport
16) Lease agreement between the City of Delano (“City”) and Paul Brunner (“Tenant”) for Hanger H-9 at the Delano Municipal Airport
17) Approve the memorandum of understanding between the City of Delano Transportation Department and Omni Family Health Clinic to provide Dial-a Ride Services to transport their clients
PUBLIC HEARINGS
No Items
REGULAR AGENDA
18) Appointment to fill vacancy on the Planning Commission 19) Establishment of a City of Delano Anti-Gang and Anti-Violence Committee 20) Discussion regarding Ordinance to allow Cannabis uses in Delano (Mayor Osorio) (Continued from February 7, 2022) (This matter will not be discussed due to staff gathering more information at the request of the Mayor)
DEPARTMENTAL REPORTS
US: +1 669 219 2599 or +1 669 900 9128 or +1 213 338 8477 or +1 206 337 9723 Webinar ID: 859 2530 4719
Passcode: 942921
International numbers available: https://us02web.zoom.us/u/kbjAIL0nI6 To speak during public comment, please raise your hand (*9 via phone) to be unmuted.
If the public has any questions, please feel free and call 661-720-2228 by 10:00 am on February 22, 2022.
C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/1/2022 32842 BAK52 ALEXANDRA BAKER MURRAY 3117.92 1 02/01/22 ADVANCED DISABILITY PENSION 01 1135 001 BAK52 Total 3117.92
2/2/2022 32843 CHA02 DELANO CHAMBER OF COMMERC 75.00 1 02/02/22 ANNUAL CRAB FEED/JOE ALINDAJAO 01 5400 100 CHA02 Total 75.00
2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 1479.63 1 75201944 QTRLY 11/15-02/14/22 C#25484537 MCCF 76 5302 276 2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 467.25 2 75201944 QTRLY 11/15-02/14/22 C#25484537 PD 01 5302 200 2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 99.12 3 75201944 QTRLY 11/15-02/14/22 C#25484537 PARKS 01 5302 600 2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 99.11 4 75201944 QTRLY 11/15-02/14/22 C#25484537 REC 01 5302 610 2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 103.04 5 75201944 QTRLY 11/15-02/14/22 C#25484537 FIN 01 5302 170 2/2/2022 32844 DELC2 DE LAGE LANDEN FINANCIAL 103.04 6 75201944 QTRLY 11/15-02/14/22 C#25484537 UB 73 5302 740 DELC2 Total 2351.19
2/10/2022 32845 ACC43 ACC BUSINESS 882.50 1 220117013 JANUARY FIBER INTERNET/PD 84 5209 140 ACC43 Total 882.50
2/10/2022 32846 ADP01 ADP, INC 29.15 1 598890615 WORKDORCE TIME & ATTENDANCE/CITY MGR 01 5522 110 2/10/2022 32846 ADP01 ADP, INC 29.15 2 598890615 WORKDORCE TIME & ATTENDANCE/HR 01 5524 120 2/10/2022 32846 ADP01 ADP, INC 29.05 3 598890615 WORKDORCE TIME & ATTENDANCE/PLANNING 01 5522 125 2/10/2022 32846 ADP01 ADP, INC 17.97 4 598890615 WORKDORCE TIME & ATTENDANCE/CITY CLERK 01 5522 160 2/10/2022 32846 ADP01 ADP, INC 54.02 5 598890615 WORKDORCE TIME & ATTENDANCE/FIN 01 5522 170 2/10/2022 32846 ADP01 ADP, INC 709.24 6 598890615 WORKDORCE TIME & ATTENDANCE/PD 01 5522 200 2/10/2022 32846 ADP01 ADP, INC 17.49 7 598890615 WORKDORCE TIME & ATTENDANCE/ENG 01 5522 410 2/10/2022 32846 ADP01 ADP, INC 29.44 8 598890615 WORKDORCE TIME & ATTENDANCE/BLDNG 01 5524 420 2/10/2022 32846 ADP01 ADP, INC 9.72 9 598890615 WORKDORCE TIME & ATTENDANCE/CODE ENFORCEMENT 01 5522 421 2/10/2022 32846 ADP01 ADP, INC 127.27 10 598890615 WORKDORCE TIME & ATTENDANCE/PARKS 01 5522 600 2/10/2022 32846 ADP01 ADP, INC 121.45 11 598890615 WORKDORCE TIME & ATTENDANCE/REC 01 5522 610 2/10/2022 32846 ADP01 ADP, INC 48.58 12 598890615 WORKDORCE TIME & ATTENDANCE/GOV BLDNGS 01 5522 800 2/10/2022 32846 ADP01 ADP, INC 64.32 13 598890615 WORKDORCE TIME & ATTENDANCE/STS 11 5522 300 2/10/2022 32846 ADP01 ADP, INC 29.15 14 598890615 WORKDORCE TIME & ATTENDANCE/NUT 15 5522 680 2/10/2022 32846 ADP01 ADP, INC 3.89 15 598890615 WORKDORCE TIME & ATTENDANCE/MAINT DIST 20 5522 001 2/10/2022 32846 ADP01 ADP, INC 27.88 16 598890615 WORKDORCE TIME & ATTENDANCE/ST CLNG 71 5522 530 2/10/2022 32846 ADP01 ADP, INC 108.04 17 598890615 WORKDORCE TIME & ATTENDANCE/REFUSE 71 5522 540 2/10/2022 32846 ADP01 ADP, INC 98.32 18 598890615 WORKDORCE TIME & ATTENDANCE/WWTP 72 5522 570 2/10/2022 32846 ADP01 ADP, INC 166.72 19 598890615 WORKDORCE TIME & ATTENDANCE/WTR 73 5522 720 2/10/2022 32846 ADP01 ADP, INC 46.54 20 598890615 WORKDORCE TIME & ATTENDANCE/UB 73 5522 740 2/10/2022 32846 ADP01 ADP, INC 9.72 21 598890615 WORKDORCE TIME & ATTENDANCE/AIRPORT 74 5522 370 2/10/2022 32846 ADP01 ADP, INC 155.45 22 598890615 WORKDORCE TIME & ATTENDANCE/TRANSIT 75 5522 350 2/10/2022 32846 ADP01 ADP, INC 78.60 23 598890615 WORKDORCE TIME & ATTENDANCE/GARAGE 81 5522 900 2/10/2022 32846 ADP01 ADP, INC 9.69 24 598890615 WORKDORCE TIME & ATTENDANCE/IT 84 5522 140 ADP01 Total 2020.85
2/10/2022 32847 AME76 AMERICAN FABRICATION 811.88 1 97825 FABRICATE AND COAT A STAND FOR WTR SOFTENER W 73 5520 720 2/10/2022 32847 AME76 AMERICAN FABRICATION 952.60 1 97924 REPAIR AND COAT PIPE SPOOL FOR BOOSTER WP#3 73 5520 720 AME76 Total 1764.48
1 Agenda Item No. 2
C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32848 ARA01 ARAMARK 438.48 1 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/STS 11 5522 300 2/10/2022 32848 ARA01 ARAMARK 604.32 2 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/PARKS 01 5522 600 2/10/2022 32848 ARA01 ARAMARK 2473.62 3 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/GOV BLDNGS 01 5522 800 2/10/2022 32848 ARA01 ARAMARK 237.04 4 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/STS CLNG 71 5522 530 2/10/2022 32848 ARA01 ARAMARK 113.22 5 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/ANIMAL SHELTER 01 5522 204 2/10/2022 32848 ARA01 ARAMARK 1301.92 6 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/WWTP 72 5522 570 2/10/2022 32848 ARA01 ARAMARK 513.80 7 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/REFUSE 71 5522 540 2/10/2022 32848 ARA01 ARAMARK 1257.85 8 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/WTR 73 5522 720 2/10/2022 32848 ARA01 ARAMARK 649.50 9 JAN 2022 GENERAL SUPPLIES/GLOVES 81 5700 900 2/10/2022 32848 ARA01 ARAMARK 366.22 10 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/GARAGE 81 5522 900 2/10/2022 32848 ARA01 ARAMARK 574.48 11 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/TRANSIT 75 5522 350 2/10/2022 32848 ARA01 ARAMARK 112.40 12 JAN 2022 JANUARY LAUNDRY/UNIFORM SVCS/AIRPORT 74 5522 370 ARA01 Total 8642.85
2/10/2022 32849 ASP03 ASPECT ENGINEERING GROUP 1570.04 1 21166 EMERGENCY WORK ON SCADA SYSTEM AT WWTP 72 5524 570 ASP03 Total 1570.04
2/10/2022 32850 ATT07 AT & T 45.01 1 17651759 JANUARY PHONE SVCS/CITY COUNCIL 01 5203 100 2/10/2022 32850 ATT07 AT & T 49.27 2 17651759 JANUARY PHONE SVCS/CITY MGR 01 5203 110 2/10/2022 32850 ATT07 AT & T 40.42 3 17651759 JANUARY PHONE SVCS/HR 01 5203 120 2/10/2022 32850 ATT07 AT & T 40.32 4 17651759 JANUARY PHONE SVCS/PLANNING 01 5203 125 2/10/2022 32850 ATT07 AT & T 94.78 5 17651759 JANUARY PHONE SVCS/FIN 01 5203 170 2/10/2022 32850 ATT07 AT & T 454.52 6 17651759 JANUARY PHONE SVCS/PD 01 5203 200 2/10/2022 32850 ATT07 AT & T 31.38 7 17651759 JANUARY PHONE SVCS/ENG 01 5203 410 2/10/2022 32850 ATT07 AT & T 26.83 8 17651759 JANUARY PHONE SVCS/BLDNG 01 5203 420 2/10/2022 32850 ATT07 AT & T 94.42 9 17651759 JANUARY PHONE SVCS/REC 01 5203 610 2/10/2022 32850 ATT07 AT & T 8.94 10 17651759 JANUARY PHONE SVCS/LEASE BLDNGS 01 5203 800 2/10/2022 32850 ATT07 AT & T 72.00 11 17651759 JANUARY PHONE SVCS/NUT 15 5203 680 2/10/2022 32850 ATT07 AT & T 274.35 12 17651759 JANUARY PHONE SVCS/MCCF 76 5203 276 2/10/2022 32850 ATT07 AT & T 22.46 13 17651759 JANUARY PHONE SVCS/REF 71 5203 540 2/10/2022 32850 ATT07 AT & T 31.41 14 17651759 JANUARY PHONE SVCS/WWTP 72 5203 570 2/10/2022 32850 ATT07 AT & T 22.46 15 17651759 JANUARY PHONE SVCS/WTR 73 5203 720 2/10/2022 32850 ATT07 AT & T 85.64 16 17651759 JANUARY PHONE SVCS/AIRPORT 74 5203 370 2/10/2022 32850 ATT07 AT & T 8.94 17 17651759 JANUARY PHONE SVCS/TRANSIT 75 5203 350 2/10/2022 32850 ATT07 AT & T 35.98 18 17651759 JANUARY PHONE SVCS/GARAGE 81 5203 900 2/10/2022 32850 ATT07 AT & T 149.28 19 17651759 JANUARY PHONE SVCS/IT 84 5203 140 2/10/2022 32850 ATT07 AT & T 26.98 20 17651759 JANUARY PHONE SVCS/GOV BLDNGS 01 5203 800 2/10/2022 32850 ATT07 AT & T 8.94 21 17651759 JANUARY PHONE SVCS/UB 73 5203 740 2/10/2022 32850 ATT07 AT & T 152.36 1 JAN 2022 JANUARY PHONE SVCS/CITY COUNCIL 01 5203 100 2/10/2022 32850 ATT07 AT & T 285.28 2 JAN 2022 JANUARY PHONE SVCS/CITY MGR 01 5203 110 2/10/2022 32850 ATT07 AT & T 153.64 3 JAN 2022 JANUARY PHONE SVCS/HR 01 5203 120 2/10/2022 32850 ATT07 AT & T 213.02 4 JAN 2022 JANUARY PHONE SVCS/PLANNING 01 5203 125 2/10/2022 32850 ATT07 AT & T 54.50 5 JAN 2022 JANUARY PHONE SVCS/CITY CLERK 01 5203 160 2/10/2022 32850 ATT07 AT & T 331.86 6 JAN 2022 JANUARY PHONE SVCS/FIN 01 5203 170 2/10/2022 32850 ATT07 AT & T 1294.12 7 JAN 2022 JANUARY PHONE SVCS/PD 01 5203 200 2 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32850 ATT07 AT & T 1005.12 8 JAN 2022 JANUARY PHONE SVCS/MCCF 76 5203 276 2/10/2022 32850 ATT07 AT & T 120.24 9 JAN 2022 JANUARY PHONE SVCS/TRANSIT 75 5203 350 2/10/2022 32850 ATT07 AT & T 324.75 10 JAN 2022 JANUARY PHONE SVCS/AIRPORT 74 5203 370 2/10/2022 32850 ATT07 AT & T 287.03 11 JAN 2022 JANUARY PHONE SVCS/ENG 01 5203 410 2/10/2022 32850 ATT07 AT & T 224.23 12 JAN 2022 JANUARY PHONE SVCS/BLDNG 01 5203 420 2/10/2022 32850 ATT07 AT & T 67.26 13 JAN 2022 JANUARY PHONE SVCS/REFUSE 71 5203 540 2/10/2022 32850 ATT07 AT & T 154.05 14 JAN 2022 JANUARY PHONE SVCS/WWTP 72 5203 570 2/10/2022 32850 ATT07 AT & T 345.95 15 JAN 2022 JANUARY PHONE SVCS/REC 01 5203 610 2/10/2022 32850 ATT07 AT & T 245.54 16 JAN 2022 JANUARY PHONE SVCS/NUT 15 5203 680 2/10/2022 32850 ATT07 AT & T 222.58 17 JAN 2022 JANUARY PHONE SVCS/WTR 73 5203 720 2/10/2022 32850 ATT07 AT & T 178.12 18 JAN 2022 JANUARY PHONE SVCS/UB 73 5203 740 2/10/2022 32850 ATT07 AT & T 20.70 19 JAN 2022 JANUARY PHONE SVCS/LEASE BLDNGS 01 5203 800 2/10/2022 32850 ATT07 AT & T 103.35 20 JAN 2022 JANUARY PHONE SVCS/GARAGE 81 5203 900 ATT07 Total 7408.03
2/10/2022 32851 AVQ01 AvQUEST INSURANCE SERVICE 5445.00 1 2495 AIRPORT INSURANCE RENEWAL -GENERAL LIABILITY 74 5784 370 AVQ01 Total 5445.00
2/10/2022 32852 AWW01 AWWA 2443.00 1 02/01/22 #328233,2722921,3530935/RIOS,BERMUDEZ,MARTINEZ 73 5423 740 AWW01 Total 2443.00
2/10/2022 32853 BAD07 BADGER METER 499.74 1 80091210 JANUARY WATER METER READING HOSTING FEES 08 90AY 108 BAD07 Total 499.74
2/10/2022 32854 BAK02 THE BAKERSFIELD CALIFORNI 541.68 1 12289480 JANUARY AD/ORDINANCE 01 5303 160 2/10/2022 32854 BAK02 THE BAKERSFIELD CALIFORNI 515.70 1 112189480 NOVEMBER MISC ADS/CDD PUBLIC HEARING 01 5303 125 2/10/2022 32854 BAK02 THE BAKERSFIELD CALIFORNI 1713.71 2 112189480 NOVEMBER MISC ADS/NOTICE INVITING SEALED PROP 01 5303 410 BAK02 Total 2771.09
2/10/2022 32855 BAK13 BAKERSFIELD WELL & PUMP 288720.00 1 J#21580-1 2021 URGENT GOLF COURSE WELL DRILLING PROJECT 40 910L 411 BAK13 Total 288720.00
2/10/2022 32856 BET04 BETTS & RUBIN 2320.00 1 25 NOVEMBER PROF SVCS/A.CASTILLO 01 5529 190 2/10/2022 32856 BET04 BETTS & RUBIN 1000.00 1 26 DECEMBER PROF SVCS/A. CASTILLO 01 5529 190 BET04 Total 3320.00
2/10/2022 32857 BIO04 BIOMETRICS4ALL, INC 4.50 1 COYH50064 JANUARY RELAY FEES/HR 01 5524 120 BIO04 Total 4.50
2/10/2022 32858 BRA34 DAVID BRAUDRICK 80.00 1 222022 REIMBURSE FOR DMV PHYSICAL RENEWAL 75 5524 350 BRA34 Total 80.00
2/10/2022 32859 BRE01 BRENNTAG PACIFIC INC 1277.15 1 BPI212585 PURCHASED SOD HYPO 73 5712 720 2/10/2022 32859 BRE01 BRENNTAG PACIFIC INC 761.38 1 BPI214321 PURCHASED SOD HYPO 73 5712 720 BRE01 Total 2038.53
3 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32860 BRI05 CHARTER COMMUNICATIONS 222.97 1 201012122 JANUARY INTERNET SVCS/TECH CTR 01 5203 610 BRI05 Total 222.97
2/10/2022 32861 BSK01 BSK ASSOCIATES 72.00 1 AF02113 MONTHLY BACTI SAMPLING WELLS 22,24 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 306.00 1 AF02115 WEEKLY BACTI SAMPLING/VARIOUS LOCATIONS 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 242.00 1 AF02116 QTRLY SAMPLING/WELLS 22,24 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 112.00 1 AF02117 WEEKLY ARSENIC SAMPLING WELLS 22,24,26,39 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 110.00 1 AF02119 SAMPLING FOR WELL 39 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 36.00 1 AF02736 MONTHLY BACTI SAMPLING WELL 39 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 306.00 1 AF02948 WEEKLY BACTI SAMPLING VARIOUS LOCATIONS 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 35.00 1 AF02990 GAC NITRATE SAMPLING 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 35.00 1 AF02992 SPECIAL GAC SAMPLING 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 112.00 1 AF03068 WEEKLY ARSENIC SAMPLING/WELLS 22,24,26,39 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 306.00 1 AF03544 WEEKLY BACTI SAMPLING VARIOUS LOCATIONS 73 5524 720 2/10/2022 32861 BSK01 BSK ASSOCIATES 112.00 1 AF03547 WEEKLY ARSENIC SAMPLING WELLS 22,24,26,39 73 5524 720 BSK01 Total 1784.00
2/10/2022 32862 BSN02 BSN SPORTS LLC 306.03 1 915361634 EDWARDS 40LS TENNIS NET/REC 01 5617 610 BSN02 Total 306.03
2/10/2022 32863 BUR13 BURKE, WILLIAMS & SORENSE 26260.67 1 279887 DECEMBER PROF SVCS/RETAINER 01 5529 190 BUR13 Total 26260.67
2/10/2022 32864 CALG6 CALNENA 2150.00 1 01/11/22 REG/V.MALDONADO/M.HERNANDEZ/A.LOPEZ 2011 911 CONF 01 5524 200 CALG6 Total 2150.00
2/10/2022 32865 CARA5 CARDINAL CODE SOLUTIONS, 20167.76 1 0122B 01/17-29 PROF SVCS/BLDNG INSP/AGRMNT 2016-99 01 5524 420 2/10/2022 32865 CARA5 CARDINAL CODE SOLUTIONS, 600.00 2 0122B 01/17-29 PROF SVCS/BLDNG INSP/AGRMNT 2016-99 73 910F 720 CARA5 Total 20767.76
2/10/2022 32866 CCJ00 CCJWSA 75.00 1 2022 2022 MEMBERSHIP DUES 01 5423 200 CCJ00 Total 75.00
2/10/2022 32867 CEN10 CENTRAL VALLEY OFFICE SUP 16.21 1 334254 OFFICE SUPPLIES/PENS/PAD STAMPS/PD 01 5300 200 CEN10 Total 16.21
2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 2720.00 1 436580 COVID-19 TESTS 08 5752 108 2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 1015.00 2 436580 PRE-PLACEMENT PHYSICAL EXAMS 01 5524 120 2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 7310.00 1 436926 COVID-19 EXAMS 08 5752 108 2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 60.00 2 436926 DOT RECERT EXAM 72 5524 570 2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 18.00 3 436926 TB SKIN TEST 01 5524 120 2/10/2022 32868 CEN55 CENTRAL VALLEY OCC MEDICA 170.00 1 437897 COVID-19 TEST 08 5752 108 CEN55 Total 11293.00
2/10/2022 32869 CEN80 CEN-CAL CONSTRUCTION 21280.00 1 2206-01 CONSTRUCT SIDEWALK ON HIGH STREET BETWEEN 11 800F 300 CEN80 Total 21280.00
4 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32870 CHA02 DELANO CHAMBER OF COMMERC 85.00 1 02/12/22 REGISTRATION/L.MORRIS 11TH ANNUAL CRAB FEED 01 5400 100 CHA02 Total 85.00
2/10/2022 32871 CHA38 RICARDO CHAVEZ 80.72 1 01/14/22 REIMBURSE/RECORDING OF BOND/REGISTRATION/MILE 01 5400 160 CHA38 Total 80.72
2/10/2022 32872 CHF01 C & H FENCE & PATIO, INC. 20832.50 1 26250 REPLACEMENT OF DAMAGED FENCE AT 22ND AND GIRARD 72 5520 570 2/10/2022 32872 CHF01 C & H FENCE & PATIO, INC. 429.97 1 26252 GATE POST REPLACED AT 22ND AND GIRARD SUMP 72 5520 570 CHF01 Total 21262.47
2/10/2022 32873 COL22 COLLICUTT ENERGY SERVICES 3325.00 1 46697 EMERGENCY REPAIR OF STANDBY GENERATOR 72 5520 570 COL22 Total 3325.00
2/10/2022 32874 COR24 CORNERSTONE ENGINEERING 3200.00 1 34402 SERVICES FOR STRADLEY SUMP AERIAL AND BASEMAP 01 5528 410 COR24 Total 3200.00
2/10/2022 32875 COR41 CORE & MAIN LP 5204.12 1 Q110168 EMERGENCY PURCHASE OF 2 - 8 INCH PLUG VALVES 72 5520 570 2/10/2022 32875 COR41 CORE & MAIN LP 29132.84 1 Q202225 8 INCH TO REPLACE WATER LINE ON 7TH PLACE AND 08 91AK 108 2/10/2022 32875 COR41 CORE & MAIN LP 900.92 1 Q255602 PARTS FOR WP#2 EMERGENCY REPAIRS 73 5710 720 COR41 Total 35237.88
2/10/2022 32876 CUM01 CUMMINS SALES AND SERVICE 3178.73 1 Y8-15618 UNIT #376 EMERGENCY REPAIRS, IGNITION MODULE 71 5510 540 2/10/2022 32876 CUM01 CUMMINS SALES AND SERVICE 797.37 1 Y8-16477 SERVICE CALL/TROUBLESHOOT STANDBY GENERATOR/W 72 5520 570 CUM01 Total 3976.10
2/10/2022 32877 CWE01 C.W.E.A 192.00 1 02/02/22 #427355 ROBERT CISNEROS MEMBERSHIP RENEWAL 72 5423 570 CWE01 Total 192.00
2/10/2022 32878 DAC01 DACO FARM SUPPLY INC. 62.79 1 339388 GENERAL SUPP/SAFETY EQUIPMENT FOR TERRY 73 5700 720 DAC01 Total 62.79
2/10/2022 32879 DAT03 DATA TICKET INC 100.00 1 JAN 2022 JANUARY DMV HOLDS 01 3405 DAT03 Total 100.00
2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 575.45 1 JAN 2022 JANUARY WATER SVCS/PD 01 5205 200 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 1157.93 2 JAN 2022 JANUARY WATER SVCS/GOV BLDNGS 01 5205 800 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 2501.77 3 JAN 2022 JANUARY WATER SVCS/MAINT DIST 20 5205 001 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 482.09 4 JAN 2022 JANUARY WATER SVCS/LEASE BLDNGS 01 5205 810 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 313.24 5 JAN 2022 JANUARY WATER SVCS/MCCF 76 5205 276 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 164.29 6 JAN 2022 JANUARY SEWER SVCS/MCCF 76 5206 276 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 776.96 7 JAN 2022 JANUARY REFUSE/GATE FEE/ST SWEEPING/MCCF 76 5207 276 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 1593.06 8 JAN 2022 JANUARY WATER SVCS/PARKS 01 5205 600 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 365.19 9 JAN 2022 JANUARY WATER SVCS/GOLF COURSE 05 5207 650 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 627.15 10 JAN 2022 JANUARY WATER SVCS/AIRPORT 74 5205 370 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 1423.94 11 JAN 2022 JANUARY WATER SVCS/ANIMAL CONTROL 01 5205 204 5 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 1114.38 12 JAN 2022 JANUARY WATER SVCS/WWTP 72 5205 570 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 52.16 13 JAN 2022 JANUARY WATER SVCS/REFUSE 71 5205 540 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 270.84 14 JAN 2022 JANUARY WATER SVCS/TRANSIT 75 5205 350 2/10/2022 32880 DEL12 DELANO, CITY OF - WATER 318.30 15 JAN 2022 JANUARY WATER SVCS/GARAGE 81 5205 900 DEL12 Total 11736.75
2/10/2022 32881 DEL30 DELANO EQUIPMENT 100.67 1 38762 CONCRETE FOR MANHOLE MAINT/WWTP 72 5700 570 2/10/2022 32881 DEL30 DELANO EQUIPMENT 164.23 1 39624 MIXING TRAILER RENTAL SLURRY MIX/WTR 73 5700 720 DEL30 Total 264.90
2/10/2022 32882 DEL56 DELANO PROPANE, INC 21.65 1 23877 PROPANE FOR FORKLIFT/STS 11 5511 300 2/10/2022 32882 DEL56 DELANO PROPANE, INC 80.52 1 23908 PROPANE FOR TANK AT TOOL ROOM/STS 11 5511 300 2/10/2022 32882 DEL56 DELANO PROPANE, INC 283.60 1 25234 PROPANE AND REPLACE EXPIRED TANKS/STS 11 5511 300 2/10/2022 32882 DEL56 DELANO PROPANE, INC 984.79 1 134822 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 2/10/2022 32882 DEL56 DELANO PROPANE, INC 890.11 1 135202 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 2/10/2022 32882 DEL56 DELANO PROPANE, INC 355.29 1 135493 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 2/10/2022 32882 DEL56 DELANO PROPANE, INC 714.23 1 135514 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 2/10/2022 32882 DEL56 DELANO PROPANE, INC 438.18 1 135787 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 2/10/2022 32882 DEL56 DELANO PROPANE, INC 685.66 1 136467 PROPANE FOR DIGESTER HEAT EXCHANGERS/WWTP 72 5239 570 DEL56 Total 4454.03
2/10/2022 32883 DIA11 DIAMOND IT 2056.89 1 30407 JANUARY PD BACKUP CENTRIC MANAGED 84 5640 140 2/10/2022 32883 DIA11 DIAMOND IT 3742.75 1 30408 JANUARY CITY HALL BACKUP CENTRIC MANAGED 84 5640 140 2/10/2022 32883 DIA11 DIAMOND IT 3560.00 1 30409 JANUARY SECURE CENTRIC 84 5640 140 2/10/2022 32883 DIA11 DIAMOND IT 1404.02 1 30410 JANUARY MICROSOFT OFFICE 365 (154) 84 5640 140 DIA11 Total 10763.66
2/10/2022 32884 DUD01 DUDE SOLUTIONS, INC 19903.80 1 104407 APR 2022 TO MARCH 2023 SMARTGOV ANNUAL SUBSCR 01 8429 420 DUD01 Total 19903.80
2/10/2022 32885 FAS05 FASTENAL COMPANY 128.59 1 103140 GENERAL SAFETY SUPPLIES FOR TERRY 73 5700 720 2/10/2022 32885 FAS05 FASTENAL COMPANY 321.05 1 103453 NUTS & BOLTS FOR WWTP MAINT 72 5700 570 2/10/2022 32885 FAS05 FASTENAL COMPANY 249.49 1 103519 WASHERS FOR WATERLINE REPAIRS/WTR 73 5700 720 2/10/2022 32885 FAS05 FASTENAL COMPANY 811.46 1 103683 NUTS & BOLTS FOR WWTP MAINT 72 5700 570 FAS05 Total 1510.59
2/10/2022 32886 FER06 FERGUSON WATERWORKS #1423 69.77 1 1688244 PIPE NIPLES FOR WELL 39 FILTER 73 5520 720 2/10/2022 32886 FER06 FERGUSON WATERWORKS #1423 32.98 1 1688453 PIPING REPAIR AT WELL 39 FILTER 73 5520 720 2/10/2022 32886 FER06 FERGUSON WATERWORKS #1423 376.62 1 1689215 MATERIALS FOR SLUDGE LINE REPAIR/WWTP 72 5700 570 FER06 Total 479.37
2/10/2022 32887 GAL16 LLOYD GALUTIRA 680.55 1 01/13/22 PER DIEM/MILEAGE/SHOT SHOW 01/18-21 LAS VEGAS 01 5442 200 GAL16 Total 680.55
2/10/2022 32888 GRA01 GRAINGER 144.29 1 916918561 OFFICE SUPPLIES/WALL CALENDARS/WTR 73 5520 720 GRA01 Total 144.29
6 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32889 GRA05 GRANITE CONSTRUCTION COMP 409.04 1 2164189 ASPHAULT FOR 7TH & PRINCETON PROJ 08 91AK 108 GRA05 Total 409.04
2/10/2022 32890 HAC01 HACH COMPANY 492.70 1 12767067 REAGENTS FOR TESTING WTR FILTERS AND ANALYZER 73 5717 720 2/10/2022 32890 HAC01 HACH COMPANY 377.01 1 12825856 FILTER TESTING REAGENTS 73 5520 720 HAC01 Total 869.71
2/10/2022 32891 HCI00 HCI SYSTEMS INC. 784.00 1 204521 2021 ANNUAL FIRE SPRINKLERS INSP/PD 01 5700 800 2/10/2022 32891 HCI00 HCI SYSTEMS INC. 1584.00 1 204522 2021 ANNUAL FIRE ALARM INSP/PD 01 5700 800 2/10/2022 32891 HCI00 HCI SYSTEMS INC. 1755.00 1 204526 2021 ANNUAL FIRE ALARM INSP/D.V.C 01 5700 800 2/10/2022 32891 HCI00 HCI SYSTEMS INC. 673.00 1 204527 2021 ANNUAL FIRE SPRINKLER INSP/ D.V.C. 01 5700 800 HCI00 Total 4796.00
2/10/2022 32892 HER66 MICHELLE HERNANDEZ 261.00 1 01/11/22 PER DIEM/CALNENA 2022 CONF 02/27-03/02 SAN DIEGO 01 5524 200 HER66 Total 261.00
2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 216.27 1 62460 GENERAL SUPPLIES FOR WWTP MAINT 72 5700 570 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 57.34 1 1012330 PLASTIC WRAP FOR PROJECTS 73 5700 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 46.75 1 1543049 BATTERIES FOR FLASHLIGHTS 73 5700 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 64.31 1 2511698 PLASTIC WRAP FOR WATER MAINS 73 5700 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 41.76 1 3012221 GENERAL SUPPLIES/BOARDS FOR SIGNS/WTR 73 5710 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 80.27 1 3511618 GENERAL SUPPLIES FOR SR CTR 15 5700 680 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 20.89 1 5543255 GENERAL ELECTRICAL SUPPLIES FOR WELL 32 REPAI 73 5520 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 76.27 1 6512071 GENERAL SUPPLIES/PAINT FOR #3344 73 5700 720 2/10/2022 32893 HOM02 HOME DEPOT CREDIT SVCS 111.26 1 6532311 SUPPLIES FOR ALARM CALL-OUT INSTALLATION 72 5700 570 HOM02 Total 715.12
2/10/2022 32894 HOP04 ANTHONY HOPKINS 6305.30 1 22-03 01/24-02/04 PROF SVCS/AGRMNT 2015-06 01 5524 410 HOP04 Total 6305.30
2/10/2022 32895 IMA00 IMAGE 2000 399.31 1 495851 OCT TO DEC COPY & PRINTING/PLANNING 01 5302 125 2/10/2022 32895 IMA00 IMAGE 2000 953.51 2 495851 OCT TO DEC COPY & PRINTING/HR 01 5302 120 2/10/2022 32895 IMA00 IMAGE 2000 907.16 3 495851 OCT TO DEC COPY & PRINTING/FIN 01 5302 170 2/10/2022 32895 IMA00 IMAGE 2000 907.16 4 495851 OCT TO DEC COPY & PRINTING/UB 73 5302 740 2/10/2022 32895 IMA00 IMAGE 2000 140.93 5 495851 OCT TO DEC COPY & PRINTING/ENG 01 5302 410 2/10/2022 32895 IMA00 IMAGE 2000 133.60 6 495851 OCT TO DEC COPY & PRINTING/BLDNG 01 5302 420 2/10/2022 32895 IMA00 IMAGE 2000 96.56 7 495851 OCT TO DEC COPY & PRINTING/WWTP 72 5302 570 2/10/2022 32895 IMA00 IMAGE 2000 38.91 8 495851 OCT TO DEC COPY & PRINTING/CITY MGR 01 5302 110 2/10/2022 32895 IMA00 IMAGE 2000 38.91 9 495851 OCT TO DEC COPY & PRINTING/CITY CLERK 01 5302 160 2/10/2022 32895 IMA00 IMAGE 2000 77.82 10 495851 OCT TO DEC COPY & PRINTING/EDD 32 5792 955 2/10/2022 32895 IMA00 IMAGE 2000 38.91 11 495851 OCT TO DEC COPY & PRINTING/CITY COULCIL 01 5302 100 2/10/2022 32895 IMA00 IMAGE 2000 71.68 12 495851 OCT TO DEC COPY & PRINTING/PARKS 01 5302 600 2/10/2022 32895 IMA00 IMAGE 2000 189.38 13 495851 OCT TO DEC COPY & PRINTING/REC 01 5302 610 2/10/2022 32895 IMA00 IMAGE 2000 154.21 14 495851 OCT TO DEC COPY & PRINTING/TRANSIT 75 5302 350 2/10/2022 32895 IMA00 IMAGE 2000 197.14 15 495851 OCT TO DEC COPY & PRINTING/STS 11 5302 300 7 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32895 IMA00 IMAGE 2000 47.14 16 495851 OCT TO DEC COPY & PRINTING/AIRPORT 74 5302 370 2/10/2022 32895 IMA00 IMAGE 2000 47.14 17 495851 OCT TO DEC COPY & PRINTING/ST CLNG 71 5302 530 2/10/2022 32895 IMA00 IMAGE 2000 47.14 18 495851 OCT TO DEC COPY & PRINTING/REFUSE 71 5302 540 2/10/2022 32895 IMA00 IMAGE 2000 47.14 19 495851 OCT TO DEC COPY & PRINTING/GOV BLDNGS 01 5700 800 2/10/2022 32895 IMA00 IMAGE 2000 47.14 20 495851 OCT TO DEC COPY & PRINTING/GARAGE 81 5302 900 2/10/2022 32895 IMA00 IMAGE 2000 2014.18 21 495851 OCT TO DEC COPY & PRINTING/PD 01 5302 200 2/10/2022 32895 IMA00 IMAGE 2000 117.73 22 495851 OCT TO DEC COPY & PRINTING/ANIMAL CONTROL 01 5302 204 2/10/2022 32895 IMA00 IMAGE 2000 70.18 23 495851 OCT TO DEC COPY & PRINTING/WTR 73 5302 720 2/10/2022 32895 IMA00 IMAGE 2000 187.87 24 495851 OCT TO DEC COPY & PRINTING/IT 84 5302 140 IMA00 Total 6970.85
2/10/2022 32896 INF04 INFOSEND, INC 7016.18 1 206303 JANUARY UB POSTAGE 73 5301 740 INF04 Total 7016.18
2/10/2022 32897 J.L00 J.L. PLANK, INC 24338.53 1 2177-03 DEC SVCS 2021 HSIP IMPROVEMENT PRJ #5227(064) 40 910P 411 J.L00 Total 24338.53
2/10/2022 32898 JMP00 JM PIPELINE CONSTRUCTION, 1966.50 1 2221 ALBNAY AT 15TH AVE VALVE ABANDONMENT 73 91AK 720 2/10/2022 32898 JMP00 JM PIPELINE CONSTRUCTION, 91170.55 1 2236 2021 FREMONT-GLENWOOD ALLEY FROM 6TH TO 8TH A 72 91AY 570 2/10/2022 32898 JMP00 JM PIPELINE CONSTRUCTION, 17759.45 1 2237 DEMOLITON AND CLEAN UP FOR 1514 CLINTON ST 01 86BB 105 JMP00 Total 110896.50
2/10/2022 32899 JOR01 JORGENSEN COMPANY 63.00 1 5984118 GAS METER CALIBRATION/WWTP 72 5524 570 JOR01 Total 63.00
2/10/2022 32900 JOU00 JOURNEY AIR CONDITIONING 4175.50 1 21-110.1 INSTALL TWO HEATERS IN SHOP/WAREHOUSE FOR WAT 73 5520 720 2/10/2022 32900 JOU00 JOURNEY AIR CONDITIONING 4175.50 2 21-110.1 INSTALL TWO HEATERS IN SHOP/WAREHOUSE FOR WAT 73 5700 720 JOU00 Total 8351.00
2/10/2022 32901 KER24 KERN CO AUDITOR CONTROLLE 77.00 1 DEC 2021 DECEMBER PARKING VIOLATIONS 01 3405 KER24 Total 77.00
2/10/2022 32902 KER49 KERN COUNTY AUDITOR CONTR 17.50 1 DEC 2021 DECEMBER EQUIPMENT VIOLATIONS 01 3405 KER49 Total 17.50
2/10/2022 32903 KERC9 KERN COUNTY FIRE DEPARTME 632428.75 1 22-000272 2021-22 3RD QTR FIRE PROTECTION 01 5550 250 KERC9 Total 632428.75
2/10/2022 32904 KRC00 KRC SAFETY CO., INC. 1584.10 1 53228 BARRICADES FOR WATER DEPARTMENT 73 5700 720 2/10/2022 32904 KRC00 KRC SAFETY CO., INC. 999.29 1 53309 (45)TRAFFIC CONES FOR WATER DEPT 73 5700 720 KRC00 Total 2583.39
2/10/2022 32905 LEA02 LEAGUE OF CALIFORNIA CITI 18980.00 1 641115 2022 MEMBERSHIP DUES 01 5400 100 LEA02 Total 18980.00
2/10/2022 32906 LIE02 LIEBERT CASSIDY WHITMORE 4657.00 1 210457 DECEMBER PROF SVCS/R. VILLEGAS LITIGATION 01 5529 190 8 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32906 LIE02 LIEBERT CASSIDY WHITMORE 1178.00 1 210458 DECEMBER PROF SVCS/GENERAL 01 5529 190 2/10/2022 32906 LIE02 LIEBERT CASSIDY WHITMORE 1776.50 1 210459 DECEMBER PROF SVCS/SILVA PETITION 01 5529 190 LIE02 Total 7611.50
2/10/2022 32907 MAT12 MATSON ALARM CO., INC 33.50 1 2306200 FEBRUARY COMMERCIAL MONITORING/CITY HALL/UB 73 5522 740 MAT12 Total 33.50
2/10/2022 32908 MES00 EMCOR SERVICES MESA ENERG 227.08 1 960005591 FEBRUARY AC SERVICE MAINT/CITY HALL 01 5700 800 MES00 Total 227.08
2/10/2022 32909 MOR15 LIZ MORRIS 37.56 1 01/13/22 MILEAGE/LEAGUE OF CA CITIES MTNG 01/13/22 01 5400 100 MOR15 Total 37.56
2/10/2022 32910 MUN17 AVENU INSIGHTS & ANALYTIC 500.00 1 06-013542 STARS SVCS FOR 3RD QTR 2021 DATA 01 5522 170 MUN17 Total 500.00
2/10/2022 32911 OFF07 OFFICE DEPOT, INC 161.83 1 221241481 OFFICE SUPPLIES/CLEANITIZE/TRANSIT 75 5534 350 2/10/2022 32911 OFF07 OFFICE DEPOT, INC 61.11 1 221258368 OFFICE SUPPLIES/CLIPBOARD STORAGE/TRANSIT 75 5300 350 OFF07 Total 222.94
2/10/2022 32912 PAC16 PACIFIC TIRE #6 1540.00 1 47905 MAINT OPER(4)TIRES/#54018 REFUSE 71 5510 540 PAC16 Total 1540.00
2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 1400.00 1 B439262 QUARTERLY PFAS SAMPLING AND ANALYSIS 72 5524 570 2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 158.00 1 B439752 WEEKLY INFLUENT & EFFLUENT MONITORING 72 5524 570 2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 100.00 1 B440001 WEEKLY INFLUENT & EFFLUENT MONITORING 72 5524 570 2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 158.00 1 B440504 WEEKLY INFLUENT & EFFLUENT MONITORING 72 5524 570 2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 150.00 1 B440520 QTRLY GROUNDWATER ANALYSES 72 5524 570 2/10/2022 32913 PAC43 PACE ANALYTICAL SERVICES 100.00 1 B440740 WEEKLY INFLUENT & EFFLUENT MONITORING 72 5524 570 PAC43 Total 2066.00
2/10/2022 32914 PER52 PERFECT CARE LANDSCAPE-MA 10090.35 1 16081 JANUARY LANDSCAPE SVCS/MAINT DIST 20 5522 001 2/10/2022 32914 PER52 PERFECT CARE LANDSCAPE-MA 585.00 1 16082 JANUARY LANDSCAPE SVCS PD 01 5522 200 PER52 Total 10675.35
2/10/2022 32915 PIL00 PILLSBURY WINTHROP SHAW P 3699.00 1 8438829 OCTOBER PROF SVCS/EMPLOYEE BENEFITS 01 5524 190 2/10/2022 32915 PIL00 PILLSBURY WINTHROP SHAW P 22960.50 1 9445395 NOVEMBER PROF SVCS/EMPLOYEE BENEFITS 01 5524 190 2/10/2022 32915 PIL00 PILLSBURY WINTHROP SHAW P 7158.25 1 9450481 DECEMBER PROF SVCS/EMPLOYEE BENEFITS 01 5524 190 PIL00 Total 33817.75
2/10/2022 32916 PLA11 PLATT 171.86 1 2J23625 UPS BATTERY BACKUP/AIRPORT 74 5700 370 2/10/2022 32916 PLA11 PLATT 13.17 1 2K91728 GENERAL ELECTRIC SUPPLIES/CABLE 84 5700 140 2/10/2022 32916 PLA11 PLATT 7.49 1 2M02896 GENERAL ELECTRICAL SUPPLIES/CABLE 84 5700 140 2/10/2022 32916 PLA11 PLATT 13.17 1 2M20369 GENERAL ELECTRIC SUPPLIES/CABLE 84 5700 140 2/10/2022 32916 PLA11 PLATT 1293.84 1 Y481208 IDEAL SURETRACE CIRCUIT TRACER 11 88AN 300 PLA11 Total 1499.53
9 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32917 PRO20 PROVOST & PRITCHARD CONSU 8095.24 1 89258 2019 TCP MITIGATION PROJECT DESIGN OF GAC 73 990N 720 PRO20 Total 8095.24
2/10/2022 32918 QUA06 QUAD/KNOPF, INC 3725.36 1 111955 SERVICES FOR THE 2040 GENERAL PLAN 01 880B 125 2/10/2022 32918 QUA06 QUAD/KNOPF, INC 82.50 1 112077 PROFESSIONAL ENGINEERING AND CONSTRUCTION STA 73 5524 720 2/10/2022 32918 QUA06 QUAD/KNOPF, INC 2751.45 1 112085 TECHNICAL STUDIES FOR SR 155 AND LEXINGTON ST 12 960Z 320 2/10/2022 32918 QUA06 QUAD/KNOPF, INC 23496.06 1 112086 12/12-01/08 INTERIM ON CALL AGRMNT 2019-77 01 5524 125 2/10/2022 32918 QUA06 QUAD/KNOPF, INC 5764.13 1 112261 SERVICES FOR THE 2040 GENERAL PLAN 01 880B 125 QUA06 Total 35819.50
2/10/2022 32919 QUI01 QUILL LLC 379.39 1 22084045 OFFICE SUPPLIES/LAVELS NUMERIC COLOR/PD 01 5300 200 2/10/2022 32919 QUI01 QUILL LLC 37.19 1 22312532 COVID-19 SUPPLIES/NITRILE GLOVES/PD 08 5756 108 2/10/2022 32919 QUI01 QUILL LLC 78.12 1 22329034 COFIC-19 SUPPLIES/NITRILE GLOVES/PD 08 5756 108 QUI01 Total 494.70
2/10/2022 32920 RAN19 RANCHO TREE SERVICE 12250.00 1 8314 THIN SHAPE AND EVEN CANOPY ON ALL 50 TREES 40 900Y 411 2/10/2022 32920 RAN19 RANCHO TREE SERVICE 12375.00 1 8315 THIN AND SHAPE AND EVEN CANOPY ON ALL 86 TREE 40 900Y 411 RAN19 Total 24625.00
2/10/2022 32921 REA05 READYREFRESH BY NESTLE 37.67 1 22A61760 JAN GENERAL SUPP/DRINKING WTR/WWTP 72 5700 570 2/10/2022 32921 REA05 READYREFRESH BY NESTLE 24.38 2 22A61760 JAN GENERAL SUPP/DRINKING WTR/ANIMAL SHELTER 01 5700 204 2/10/2022 32921 REA05 READYREFRESH BY NESTLE 13.76 3 22A61760 JAN GENERAL SUPP/DRINKING WTR/FIN 01 5700 170 2/10/2022 32921 REA05 READYREFRESH BY NESTLE 13.76 4 22A61760 JAN GENERAL SUPP/DRINKING WTR/UB 73 5700 740 2/10/2022 32921 REA05 READYREFRESH BY NESTLE 27.52 5 22A61760 JAN GENERAL SUPP/DRINKING WTR/HR 01 5300 120 REA05 Total 117.09
2/10/2022 32922 REN17 RENT-A-TOILET 600.00 1 39705 COVID-19 01/26-02/22 DOUBLE TRAILER RENTAL TOILET 08 5754 108 REN17 Total 600.00
2/10/2022 32923 RUC01 RUCKSTELL 393.64 1 710464 MAINT OPER/CLAMP/#373 REFUSE 71 5510 540 RUC01 Total 393.64
2/10/2022 32924 SEB01 SEBASTIAN/SOS 129.90 1 10693034 FEBRUARY ALARM MONITORING/JEFFERSON CTR 01 5522 800 2/10/2022 32924 SEB01 SEBASTIAN/SOS 129.90 1 10693217 FEBRUARY ALARM MONITORING/COMM CTR 01 5522 800 2/10/2022 32924 SEB01 SEBASTIAN/SOS 69.95 1 10694846 FEBRUARY ALARM MONITORING/ELLINGTON 01 5522 800 2/10/2022 32924 SEB01 SEBASTIAN/SOS 89.95 1 10695570 FEBRUARY ALARM MONITORING/TECH CTR 01 5522 800 2/10/2022 32924 SEB01 SEBASTIAN/SOS 129.90 1 10695856 FEBRUARY ALARM MONITORING/CITY HALL/ANIMAL SH 01 5522 800 SEB01 Total 549.60
2/10/2022 32925 SIE10 SIERRA SCHOOL EQUIPMENT C 1121.47 1 406864 THICH CLEAR ACRYLIC SCREEN WITH FREE STANDING 08 5756 108 SIE10 Total 1121.47
2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 1707.92 1 JAN 22 JANUARY ELECTRICITY FOR VOFA/GARCES/MELCHER 01 5201 800 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 5350.11 1 JAN 2022 JANUARY ELECTRICITY CHARGES/PD 01 5201 200 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 25538.65 2 JAN 2022 JANUARY ELECTRICITY CHARGES/STS 11 5201 300 10 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 548.17 3 JAN 2022 JANUARY ELECTRICITY CHARGES/TRANSIT 75 5201 350 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 2112.91 4 JAN 2022 JANUARY ELECTRICITY CHARGES/PARKS 01 5201 600 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 1554.16 5 JAN 2022 JANUARY ELECTRICITY CHARGES/GOLF COURSE 05 5201 650 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 1550.12 6 JAN 2022 JANUARY ELECTRICITY CHARGES/MAINT DIST 20 5201 001 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 39.78 7 JAN 2022 JANUARY ELECTRICITY CHARGES/MAINT DIST 20 5711 001 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 3864.35 8 JAN 2022 JANUARY ELECTRICITY CHARGES/GOV BLDNGS 01 5201 800 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 3347.19 9 JAN 2022 JANUARY ELECTRICITY CHARGES/LEASE BLDNGS 01 5201 810 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 5261.04 10 JAN 2022 JANUARY ELECTRICITY CHARGES/ANIMAL SHELTER 01 5201 204 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 67808.66 11 JAN 2022 JANUARY ELECTRICITY CHARGES/MCCF(11)MONTHS 76 5201 276 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 287.81 12 JAN 2022 JANUARY ELECTRICITY CHARGES/WWTP 72 5201 570 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 77012.67 13 JAN 2022 JANUARY ELECTRICITY CHARGES/WTR 73 5201 720 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 1034.64 14 JAN 2022 JANUARY ELECTRICITY CHARGES/AIRPORT 74 5201 370 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 952.22 15 JAN 2022 JANUARY ELECTRICITY CHARGES/CNG 81 5201 910 2/10/2022 32926 SOC01 SO. CALIFORNIA EDISON 2508.61 16 JAN 2022 JANUARY ELECTRICITY CHARGES/GARAGE 81 5201 900 SOC01 Total 200479.01
2/10/2022 32927 SOL24 SOLENIS, LLC 10857.69 1 131929702 POLYMER FOR BIOSOLIDS 72 800J 570 SOL24 Total 10857.69
2/10/2022 32928 SOU38 SOUTH TULARE-RICHGROVE RE 58.74 1 107621 JANUARY RECYCLABLES/CITY HALL/CIVIC CTR/HR 01 5522 800 2/10/2022 32928 SOU38 SOUTH TULARE-RICHGROVE RE 58.74 1 107628 JANUARY RECYCLABLE/PD 01 5522 200 SOU38 Total 117.48
2/10/2022 32929 SPD01 SPD PRINTING & ACCURATE S 142.67 1 18109 BUSINESS CARDS FOR F. SALDIVAR & M. DOMINGUEZ 01 5302 120 SPD01 Total 142.67
2/10/2022 32930 TER09 TERMINIX PROCESSING CENTE 77.00 1 416687637 PEST CONTROL SVCS/PD 01 57002 200 TER09 Total 77.00
2/10/2022 32931 TRU19 TRUSAIC 990.00 1 18933 FEBRUARY 2022 ACA MONTHLY RECURRING 01 5524 110 2/10/2022 32931 TRU19 TRUSAIC 990.00 2 18933 FEBRUARY 2022 ACA MONTHLY RECURRING 01 5522 170 TRU19 Total 1980.00
2/10/2022 32932 TUR05 TURF STAR, INC 1043.44 1 7201689 MAINT OPER/MISC PARTS/#6007 PARKS 01 5520 600 TUR05 Total 1043.44
2/10/2022 32933 UNI59 UNITED STAFFING ASSOCIATE 1041.60 1 195567 TEMP/M. FUENTEZ WE 01/23 PARKS 01 5522 600 2/10/2022 32933 UNI59 UNITED STAFFING ASSOCIATE 833.28 1 195568 TEMP/M. MARTINEZ WE 01/23 PARKS 01 5522 600 2/10/2022 32933 UNI59 UNITED STAFFING ASSOCIATE 1041.60 1 196122 TEMP/M. FUENTEZ WE 01/30 PARKS 01 5522 600 2/10/2022 32933 UNI59 UNITED STAFFING ASSOCIATE 1041.60 1 196123 TEMP/M. MARTINEZ WE 01/30 PARKS 01 5522 600 UNI59 Total 3958.08
2/10/2022 32934 UNI65 UNIVAR SOLUTIONS 645.17 1 49779666 CAUSTIC SODA TO RAISE PH AFTER TREATMENT 73 5717 720 2/10/2022 32934 UNI65 UNIVAR SOLUTIONS 1032.27 1 49779667 CAUSTIC SODA TO RAISE PH AFTER TREATMENT 73 5717 720 UNI65 Total 1677.44
11 C ITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 02/22/2022
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 2/10/2022 32935 USA10 USABLUE BOOK 194.37 1 830644 NOZZLE SKIDS FOR JETTER/WWTP 72 5700 570 USA10 Total 194.37
2/10/2022 32936 WAS07 WASTEQUIP, LLC 26818.40 1 210513 20- 3YARD PITCH TOP BEIGE COLOR TRASH CONTAINERS 71 88AY 540 WAS07 Total 26818.40
2/10/2022 32937 ZAM02 NOEMI ZAMUDIO 303.25 1 02/02/22 PER DIEM/MILEAGE/CSJVRMA 37TH ANNUAL WORKSHOP 01 5400 120 ZAM02 Total 303.25
2/10/2022 32938 \B020 BURGER KING #6499 93.68 1 000C20201 MQ CUSTOMER REFUND FOR BUR0025 73 2238 \B020 Total 93.68
2/10/2022 32939 \C002 ROBERT CACUYOG 9.28 1 000C20201 MQ CUSTOMER REFUND FOR CAC0034 73 2238 \C002 Total 9.28
2/10/2022 32940 \C003 CEN-CAL CONSTRUCTION 387.64 1 000C20201 MQ CUSTOMER REFUND FOR CEN0113 73 2238 \C003 Total 387.64
2/10/2022 32941 \D013 MARIE DAFFERN 7.10 1 000C20201 MQ CUSTOMER REFUND FOR DAF0001 73 2238 \D013 Total 7.10
2/10/2022 32942 \M025 ARTURO JIMENEZ MEZA 76.54 1 000C20201 MQ CUSTOMER REFUND FOR MEZ0041 73 2238 \M025 Total 76.54
2/10/2022 32943 \S003 BERNARD O. SALGADO 28.53 1 000C20201 MQ CUSTOMER REFUND FOR SAL0281 73 2238 \S003 Total 28.53
2/10/2022 32944 \T009 TEM RENTALS LLC 94.95 1 000C20201 MQ CUSTOMER REFUND FOR TEM0002 73 2238 \T009 Total 94.95
Grand Total 1738243.13 Sub Total $1,738,243.13
Total $1,738,243.13
Payroll-02/04/2022 $838,089.04
Total $838,089.04
Grand Total $2,576,332.17
12 MINUTES
CITY OF DELANO
PLANNING COMMISSION – REGULAR MEETING
November 10, 2021
CALL TO ORDER
Vice Chairman Monrian called the meeting to order at 5:30 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
FLAG SALUTE
Vice Chairman Monrian led the flag salute.
ROLL CALL
Commissioners present: Terrence Monrian (Teleconference), Carolina Leyva Barajas (Teleconference), Thom Casey (Teleconference) and Valerie Jasso Gorospe (Teleconference) Commissioners absent: Julio Guerra
OFFICIALS PRESENT
Interim Community Development Director Mynk, City Clerk Chavez and Senior Planner Card
ITEMS FROM THE PUBLIC
There were no comments from the public.
CONSENT AGENDA
1) Authorization to waive the reading of any ordinance or resolution in its entirety and consenting to the reading of such ordinances or resolutions by title only 2) Minutes of regular Planning Commission meeting of August 11, 2021 3) Minutes of regular Planning Commission meeting of September 8, 2021 4) Minutes of regular Planning Commission meeting of October 13, 2021 Moved to approve the consent agenda by: Casey
2nd by: Gorospe
Vote: 4-0
Ayes: Monrian/Barajas/Casey/Gorospe
Nays: None
Absent: Guerra
Abstentions: None
Agenda Item No. 3
PUBLIC HEARINGS
5) Conditional Use Permit Application No. 2021-002, The applicant, Paulo Serrano requesting approval of a Conditional Use Permit to allow the use of an existing commercial building for a tire service and repair use. The project is located at 1203 Cecil Avenue (APN 411-210-11). The project is exempt from CEQA, §15303, Class 3, new construction or conversion of small structures.
Interim Community Development Director Mynk provided the staff report.
Commissioners Gorospe, Casey, Monrian and Barajas shared comments and made inquiries about the applicant’s business.
Mr. Paolo Serrano and Leobardo Solorio provided responses to the Planning Commissioners and made additional comments with he assistance of City Clerk Chavez interpreting for the applicants.
Vice Chairman Monrian opened public comment.
Paolo Serrano and Leobardo Solorio provide additional comments.
Vice Chairman Monrian closed public comment.
Moved to approve the by: Casey
2nd by: Barajas
Vote: 4-0
Ayes: Monrian/Barajas/Casey/Gorospe
Nays: None
Absent: Guerra
Abstentions: None
Interim Community Development Director Mynk Appeal
6) Combined Development Permit Application No. 2021-004. The applicant, Ranbir Bhatti is requesting that the Planning Commission consider an application to prezone 25.01 acres to PZ Single Family Residential (PZ-R-1) Zoning District consistent with land use designations as shown on the City of Delano General Plan. Prezoning the site is prerequisite of city annexation of the subject property. The site is located at the northeast corner of Browning Road and Garces Highway (SR 155). APN 049-150-37 and 049-150-38. The project is exempt from CEQA, §15183, Projects Consistent with Community Plan, General Plan or Zoning.
Interim Community Development Director Mynk provided the staff report.
Vice Chairman Monrian opened public comment.
Matt Barnes Provost & Prichard.
No public comment.
Vice Chairman Monrian closed public comment.
Commissioner Gorospe any comments.
Interim Community Development Director Mynk responded that no comments were received.
Commissioner Gorospe asked amount of days within 300 feet.
Interim Community Development Director Mynk responded a minimum of ten days. He added there will be a 2nd notice for the City Council meeting, then there will be up to a fourth hearing at LAFCO.
Further discussion was had by the Planning Commission.
Moved to approve the by: Casey
2nd by: Barajas
Vote: 4-0
Ayes: Monrian/Barajas/Casey/Gorospe
Nays: None
Absent: Guerra
Abstentions: None
REGULAR AGENDA
No items.
DEPARTMENTAL REPORTS
Interim Community Development Director Mynk welcomed Commissioner Gorospe. He reiterated to the entire Planning Commission if he can be of any service to help them, he’s available, as well as staff.
COMMISSIONER STATEMENTS AND REPORTS
Chairman Guerra: Absent
Commissioner Monrian: He welcomed Commissioner Gorospe. He hopes that the denial tonight doesn’t discourage the applicants and hope the best for them.
Commissioner Barajas: She shared about her being disheartened, but hopes the applicants can find another location.
Commissioner Casey: He also welcomed Commissioner Gorospe. He shared we are still going through difficult times, though we were a bit shy tonight, he appreciated the new voice. He also shared that he was moved by gentlemen tonight and appreciates their entrepreneurship.
Commissioner Gorospe: She asked about an update on General Plan meetings to share with the public and support the planning department. She also asked to refer to the City Attorney regarding Chairman Guerra’s verbal resignation. She further asked if this was an appropriate time to get an update on the plans for next week’s General Plan meeting.
Interim Community Development Director Mynk shared about the outreach by staff for the General Plan meeting, as well as distributing flyers at the National Night Out Event and reviewed the process and logistics of the General Plan.
ADJOURNMENT
Moved by Commissioner Casey, seconded by Commissioner Barajas, and unanimously carried 4-0 to adjourn the meeting at 6:38 p.m.
Ricardo G. Chavez, City Clerk
MINUTES
CITY OF DELANO
PLANNING COMMISSION – REGULAR MEETING
December 14, 2021
Due to a lack of items, the regular scheduled Planning Commission meeting for December 14, 2021, was cancelled.
_______________________________
Ricardo G. Chavez, City Clerk
Agenda Item No. 4
MINUTES
CITY OF DELANO
PLANNING COMMISSION – REGULAR MEETING
January 12, 2022
CALL TO ORDER
Vice Chairman Monrian called the meeting to order at 5:30 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
FLAG SALUTE
Vice Chair Monrian led the flag salute.
ROLL CALL
Commissioners present: Terrence Monrian (Teleconference), and Carolina Leyva Barajas (Teleconference), Thom Casey (Teleconference), Valerie Jasso Gorospe (Teleconference) Commissioners absent:
NOMINATION OF CHAIR AND VICE CHAIR
Motion made to nominate Monrian as Chair made by: Casey 2nd by: Barajas
Vote: 4-0
Ayes: Monrian/Casey/Barajas/Jasso Gorospe
Nays: None
Absent: None
Abstentions: None
Motion made to nominate Casey as Vice Chair made by: Barajas 2nd by: Monrian
Vote: 4-0
Ayes: Monrian/Casey/Barajas/Jasso Gorospe
Nays: None
Absent: None
Abstentions: None
OFFICIALS PRESENT
Interim Community Development Director Mynk, City Clerk Chavez and Deputy City Clerk Garcia
ITEMS FROM THE PUBLIC
Agenda Item No. 5
1. Jose Orellana inquired about an update regarding the General Plan. He referenced a comment he made back in August 2021 regarding a community survey for outreach to the public, but he hadn’t heard back from the City or QK, so he was looking to see if there was any movement on this. He understands because of the pandemic, there has not been much community engagement. He further stated that this would be an opportunity to make it accessible to community residents who aren’t able to attend meetings such as working-class folks.
Interim Community Development Director Mynk asked for Mr. Orellana to stay on the meeting as he will be providing a departmental report.
CONSENT AGENDA
1) Authorization to waive the reading of any ordinance or resolution in its entirety and consenting to the reading of such ordinances or resolutions by title only 2) Minutes of regular Planning Commission meeting of November 10, 2021 3) Minutes of regular Planning Commission meeting of December 8, 2021 Motion made to approved item nos. 1 and 3 moved by: Barajas 2nd by: Casey
Vote: 4-0
Ayes: Monrian/Casey/Barajas/Jasso Gorospe
Nays: None
Absent: None
Abstentions: None
Item No. 2 pulled by: Planning Commissioner Jasso Gorospe Reason for being pulled: Planning Commissioner Jasso Gorospe made a note that the second sentence under planning commissioner statements was not clear, so she’d like to correct the item.
She further stated there were some more asks or questions that were made.
Motion to table item no. 2 for the next meeting made by: Jasso Gorospe 2nd by: Casey
Vote: 4-0
Ayes: Monrian/Casey/Barajas/Jasso Gorospe
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
4) Sign Permit No. SP 2021-004. applicant (Manuel Valdovinos) has filed an appeal of a Community Development Department decision to deny a Sign Permit (SP 2021-004). The site is located in at 1029 High Street at the southwest corner of 11th Avenue and High Street (APN 038-130-068)
Interim Community Development Director Mynk reported that the application has been withdrawn by the applicant and were able to resolve the issue.
Motion made to refer item back to staff by: Casey
2nd by: Jasso Gorospe
Vote: 4-0
Ayes: Monrian/Casey/Barajas/Jasso Gorospe
Nays: None
Absent: None
Abstentions: None
REGULAR AGENDA
No Items
DEPARTMENTAL REPORTS
Interim Community Development Director Mynk provided an update regarding the General Plan Update.
COMMISSIONER STATEMENTS AND REPORTS
Chairman Monrian: He reaffirmed Commissioner Casey’s comments and his appreciation for Bill Card’s work with the City of Delano.
Commissioner Casey: He stated he’s happy for Bill Card, but he shared some kind words regarding his work at the City of Delano. He shared about a shoulder injury he just had and Commissioner Barajas: None.
Commissioner Jasso Gorospe: She asked to revisit the chair and vice chair, in which she knows that we all want to keep things moving. She said that it has been a confusing few months on where the planning commission is, the leadership and the absence of the chair. She stated that he open seat has been clear to the public as to why we have an open seat and she wants to keep moving, but she’s concerned about the way they are moving, so she was hoping to have some kind of discussion on how they are moving forward. She also stated that she does not want to reinforce what feels like minimum requirements as the planning commission is the first reviewer on many things for the development for the community. She thinks that they need a full planning commission who’s going to go through deliberate processes with appropriate oversight to follow the guidelines and ordinance that staff and the City Council has worked on. She further elaborated that there are questions, not necessarily her questions, which she has echoed what people in the community have asked such as, “What’s going on?” Commissioner Jasso Gorospe provided an example of when she was appointed in August and former Commissioner Guerra resigned in August, but the website still reflected former commissioners Markham and Guerra listed as planning commissioners. She stated that they are not being clear at all on who the planning commission is and what they are doing. She stated that it is not clear to her on what was mentioned a little a while ago on there being a waiting period; a gap of time where they are not going to fill this seat. She understood that they are in a pandemic which has crunched staff time for things; she doesn’t know if that is a reason, but she shared that she does not want to continue in this pace of not knowing what’s fully going on in this planning commission or the vacancy.
She wants to go in full force, but she doesn’t feel they can go full force because they don’t have a full planning commission. She stressed that we are going to be done with this General Plan, but we don’t have a full planning commission and it has been like that for the latter part of 2021 and going into 2022 like that. She therefore wanted to share her concerns about communications to the public, to the Planning Commission on what’s going on and what’s no going on as far as vacancies and the public comment about the General Plan.
ADJOURNMENT
Moved by Commissioner Barajas, seconded by Commissioner Casey, and unanimously carried 4-0 to adjourn the meeting at 6:01 p.m.
Ricardo G. Chavez, City Clerk
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 6
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Noemi A. Zamudio, Human Resources Director
SUBJECT: Approve an amendment to agreement no. 2021-34 Delano Police Officer’s Association MOU Article 26. Holiday Pay
Recommendation
Approve the amended agreement as presented.
Discussion
On February 7, 2022 City Council voted to approve adding Cesar Chavez Day and Larry Itliong Day to the City’s holiday schedule for all bargaining units and funds have been allocated.
Both Mr. Cesar Chavez and Mr. Larry Itliong were American labor leaders and civil rights activist based out of Delano.
The proposed agreement incorporates these changes.
The Association is in support of these changes.
Budget Impact
None
Attachment(s)
Red-Lined Side Letter Agreement
Side Letter Agreement
DPOA MOU Side Letter
- 1 -
(Agreement Number 2022- )
Amendment of Agreement No. 2021-34 between the Delano Police Officer’s Association (DPOA) and The City of Delano - Article 26. HOLIDAY PAY; Article 29. UNIFORM ALLOWANCE; and Article 34. HEALTH AND DENTAL PLANS
Effective February 22, 2022 Article 26. HOLIDAY PAY shall be amended as follows:
ARTICLE 26. HOLIDAY PAY
Effective FY 2021/22 The DPOA members, employed by the City shall observe the following twelve fourteen (124) annual holidays during the term of this agreement:
1. Independence Day
2. Labor Day
2.3. Larry Itliong Day
3.4. Veteran’s Day
4.5. Thanksgiving Day
5.6. Christmas Eve
6.7. Christmas Day
7.8. New Year’s Eve
8.9. New Year’s Day
9.10. Martin Luther King Jr. Day
11. President’s Day
10.12. Cesar Chavez Day
11.13. Memorial Day
12.14. Juneteenth
Every day designated by Congress or the City Council as a special holiday in commemoration or in memoriam of an extraordinary occurrence.
A. Employees shall receive ten (10) hours of holiday pay at straight time for each designated holiday as referenced above.
B. Employees not assigned to patrol duty, may at the option of the Chief, be allowed to have the holiday off.
C. Unused holidays cannot be carried over from one fiscal year to the next.
Effective August 16, 2021 Article 29. UNIFORM ALLOWANCE and Article 34. HEALTH AND DENTAL PLANS Section B. were amended as follows:
ARTICLE 29. UNIFORM ALLOWANCE
Formatted: Font: Verdana, 10 pt
DPOA MOU Side Letter
- 2 -
Effective FY 2021/22 All employees covered by this Agreement will be paid a uniform allowance of ninety dollars $90.00 per month from which they are required to maintain and replace uniforms in accordance with regulations promulgated by the Police Chief. The payment will be made bi-weekly ($41.54 per pay period).
ARTICLE 34. HEALTH AND DENTAL PLANS
B. Employees who either have no dependents or opt-out of dependent coverage may receive a $125.00 per month cash payment. In order to be eligible for the cash payment, the employee must sign a group waiver statement verifying dependent(s) have alternate insurance coverage. Effective September 2021, the payments will be made biweekly ($57.69 per pay period).
Dependents include legally married spouse, dependent children (natural our legally adopted), and registered domestic partners. Dependents not so designated herein may also be covered pursuant to a court order if required.
CITY OF DELANO Delano Police Officer’s Association
DATED: February 22, 2022 DATED: February 22, 2022
__________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ Approved as to form:
__________________________________
Rachel H. Richman
Attest:
__________________________________
City Clerk
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 7
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Noemi A. Zamudio, Human Resources Director
SUBJECT: Approve an amendment to agreement no. 2021-33 Management Employee Group MOU Article 10. Holidays
Recommendation
Approve the amended agreement as presented.
Discussion
On February 7, 2022 City Council voted to approve adding Cesar Chavez Day and Larry Itliong Day to the City’s holiday schedule for all bargaining units and funds have been allocated.
Both Mr. Cesar Chavez and Mr. Larry Itliong were American labor leaders and civil rights activist based out of Delano.
The proposed agreement incorporates these changes.
The Association is in support of these changes.
Budget Impact
None
Attachment(s)
Red-Lined Side Letter Agreement
Side Letter Agreement
MEG MOU Side Letter
- 1 -
(Agreement Number 2022- )
Amendment of Agreement No. 2021-33 between the Management Employee Group (MEG Association) and The City of Delano - Article 10. HOLIDAYS; Article 5. COMPENSATION; Article 6. INSURANCE PROVISIONS; Article 13.
MISCELLANEOUS ITEMS
Effective February 22, 2022 Article 10. HOLIDAYS shall be amended as follows:
ARTICLE 10. HOLIDAYS
A. Declared Holidays. Twelve fourteen (total 1240 hours) holidays per fiscal year shall be observed during the term of this agreement. Those holidays are as follows:
1. Independence Day
2. Labor Day
3. Larry Itliong Day
4. Veteran’s Day
5. Thanksgiving Day
6. Christmas Eve
7. Christmas Day
8. New Year’s Eve
9. New Year’s Day
10. Martin Luther King Jr. Day
11. President’s Day
11.12. Cesar Chavez Day
12.13. Memorial Day
13.14. Juneteenth
Every day designated by Congress or the City Council as a special holiday in commemoration or in memoriam of an extraordinary occurrence.
B. No work on the Holiday. An eligible employee who is not required to work on the day observed as a holiday shall receive ten (10) hours pay at his/her straight-time rate of pay.
C. Friday, Saturday and Sunday Holidays. Whenever a holiday falls on a Friday or Saturday, the prior Thursday shall be observed as the holiday. Whenever a declared holiday falls on a Sunday, the following Monday shall be observed as the holiday.
D. Holidays on Day off. Whenever an observed City holiday falls on an employee’s regular day off, the employee shall be credited with ten (10) hours holiday pay or provided with another day off of his/her choice in lieu of the holiday, subject to normal scheduling restraints.
E. Holidays Not Taken. Unused holidays shall not be carried over from one fiscal year to the next.
Formatted: Font: Verdana, 10 pt
MEG MOU Side Letter
- 2 -
F. Holiday during a Vacation Period. If a holiday occurs during the scheduled vacation of an eligible employee, the employee shall be paid pursuant to sub-section B of this Article, and the day observed, as a holiday shall not be subtracted from the employee’s vacation entitlement.
G. Winter Recess. New Year’s Eve, New Year’s Day, Christmas Eve, and Christmas Day shall be observed during the winter recess as follows:
FY 2021/22:
December 27th – December 30th
FY 2022/23:
December 26th – December 29th
FY 2023/24:
December 25th – January 1st
December 28, 2023 will be a Winter Recess (WR) day paid by the City and not considered a holiday. WR days granted will not entitle employees to additional days off in lieu of.
The City and Association understand that when more than four days are needed to bridge the winter recess the City will pay the additional days as (WR) pay and if less than four days are needed the employees will not be entitled to additional holidays.
H. Changes in work schedule: If the City decides to revert City offices to a five/eight work schedule, the City agrees to revert to 12416 holiday hours at eight hours per day to include Friday after Thanksgiving, Cesar Chavez Day (March 31st), and Good Friday (4 hours only).
Effective August 16, 2021 Article 5. Compensation; Article 6. Insurance Provision; and Article 13. Miscellaneous Items were amended as follows:
Article 5. COMPENSATION, Section I deleted
I. The City shall provide $165.00 per month to those unit employees who do not elect dependent health benefit coverage.
Article 6. INSURANCE PROVISION Section A. Group Health Insurance, new subsection 4.
As follows:
4. Employees who either have no dependents or opt-out of dependent coverage under the City’s health plans shall receive a $165.00 per month cash payment. The payment will be made biweekly ($76.15 per pay period). In order to be eligible for the cash payment, the employee must sign a group waiver statement verifying all dependents have alternate insurance coverage.
Article 13. MISCELLANEOUS ITEMS, Section B. 1 amended as follows:
1. All employees covered by this Agreement will be paid a uniform allowance of $90.00 per month from which they are required to maintain and replace uniforms in accordance with regulations promulgated by the Police Chief. The payment will be made bi-weekly ($41.54 per pay period).
MEG MOU Side Letter
- 3 -
CITY OF DELANO Management Employee Group
DATED: February 22, 2022 DATED: February 22, 2022
__________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ Approved as to form:
__________________________________
Rachel H. Richman
Attest:
__________________________________
City Clerk
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 8
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Noemi A. Zamudio, Human Resources Director
SUBJECT: Approve an amendment to agreement no. 2021-38 Miscellaneous Employee Bargaining Unit MOU Article 21 Holidays
Recommendation
Approve the amended agreement as presented.
Discussion
On February 7, 2022 City Council voted to approve adding Cesar Chavez Day and Larry Itliong Day to the City’s holiday schedule for all bargaining units and funds have been allocated.
Both Mr. Cesar Chavez and Mr. Larry Itliong were American labor leaders and civil rights activist based out of Delano.
The proposed agreement incorporates these changes.
The Association is in support of these changes.
Budget Impact
None
Attachment(s)
Red-Lined Side Letter Agreement
Side Letter Agreement
Miscellaneous MOU Side Letter
- 1 -
(Agreement Number 2022- )
Amendment of Agreement No. 2021-38 between the Delano City Employee’s Association (Miscellaneous Employee Bargaining Unit) and The City of Delano - Article 21. HOLIDAYS and ARTICLE 26. CAFETERIA PLAN Effective February 22, 2022 Article 21. HOLIDAYS shall be amended as follows:
ARTICLE 21. HOLIDAYS
A. Holidays Observed: Effective FY 2021/22 the Miscellaneous Unit members, employed by the City shall observe the following annual holidays during the term of the agreement (total of 1420 hours):
Independence Day
Labor Day
Larry Itliong Day
Veteran’s Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Cesar Chavez Day
Memorial Day
Juneteenth
Every day designated by Congress or the City Council as a special holiday in commemoration or in memoriam of an extraordinary occurrence.
B. Friday, Saturday and Sunday Holidays: Whenever a holiday falls on a Friday or Saturday, the prior Thursday shall be observed as the holiday. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
C. Holiday Falls on Day Off: Whenever an observed City holiday falls on an employee’s regular day off, the employee shall be credited with ten hours holiday pay or provided with another day off of his/her choice in lieu of the holiday, subject to normal scheduling restraints.
D. Holidays Worked: When an employee is requested by the employer, he/she shall work the above holidays and be compensated one day’s pay plus time and one-half (1½) at his/her regular rate of pay for all time worked with a minimum of two (2) hours. At the option of the employee, he/she may take a day off in lieu of pay for working on the holiday.
E. Holidays not Taken: Unused holidays cannot be carried over from one fiscal year to the next.
Miscellaneous MOU Side Letter
- 2 -
F. Winter Recess: Christmas Eve (12/27/21; 12/26/22; 12/25/23), Christmas Day (12/28/21; 12/27/22; 12/26/23), New Year’s Eve (12/29/21; 12/28/22; 12/27/23), and New Year’s Day (12/30/21; 12/29/22; 1/1/24) shall be observed during the winter recess as follows:
FY 2021/22:
December 27th – December 30th
FY 2022/23:
December 26th – December 29th
FY 2023/24:
December 25th – January 1st
December 28, 2023 will be a Winter Recess (WR) day paid by the City and not considered a holiday. WR days granted will not entitle employees to additional days off in lieu of or holiday worked pay.
The City and Union understand that when more than four days are needed to bridge the winter recess the City will pay the additional days as (WR) pay and if less than four days are needed the employees will not be entitled to additional holidays.
G. Changes in work schedule: If the City decides to revert City offices to a five/eight work schedule, the City agrees to revert to 12416 holiday hours at eight hours per day to include Friday after Thanksgiving, Cesar Chavez Day (March 31st), and Good Friday (4 hours only).
Effective September 7, 2021 Article 26. CAFETERIA PLAN was amended as follows:
ARTICLE 26. CAFETERIA PLAN
Employees who either have no dependents or opt-out of dependent coverage under the City’s health plans shall receive a $165.00 per month cash payment. In order to be eligible for the cash payment, the employee must sign a group waiver statement verifying all dependents have alternate insurance coverage. Payment will be made as follows:
1. A cash payment by separate check twice per year (paid on the first payday in December and June of each year). Employees who separate from employment will receive a prorated amount based on the date of separation.
Miscellaneous MOU Side Letter
- 3 -
CITY OF DELANO DCEA, MISCELLANEOUS EMPLOYEE UNIT
DATED: February 22, 2022 DATED: February 22, 2022
__________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ Approved as to form:
__________________________________
Rachel H. Richman
Attest:
__________________________________
City Clerk
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 9
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Second and Final Reading of an Ordinance amending the Delano Municipal Code to address Mandatory Organic Waste Disposal Reduction
Recommendation
That the City Council conduct a second and final reading of the ordinance by title only, and waive further reading and adopt the ordinance.
Discussion
Senate Bill 1383 (SB 1383) was signed into law September 19, 2016, to reduce organic waste disposal by 75% and increase edible food recovery by 25%, by 2025. SB 1383 was enacted to reduce greenhouse gas emissions by diverting organic waste from landfills as the decomposition of such materials emit methane, a climate pollutant 72 times more potent than carbon dioxide.
SB 1383 requires all jurisdictions have a mandatory organic waste disposal reduction ordinance that addresses the requirements set forth by SB 1383. These include, but are not limited to, incorporating via ordinance the following types of requirements:
1. Organics and Recycling Collection. Requiring residents and businesses to have access to organics and recycling collection services.
2. Edible Food Recovery. Identifying edible food recovery generators and imposing requirements to implement edible food recovery programs.
3. Contamination Monitoring. Requiring city to conduct waste audits of trash, recycling, and organics routes to check bins for contamination.
4. Procurement. Requiring city procurement of recycled organic waste products including, but not limited to compost, mulch, and renewable natural gas. The city is also required to purchase and track purchases of post-consumer recycledcontent paper products.
5. Education and Outreach. Requiring city to conduct community outreach and education to residents, schools, businesses, and edible food generators.
6. Model Water Efficient Landscaping Ordinance (MWELO). Requiring general compliance with current MWELO baseline requirements such as those involving landscaping development.
7. CalGreen Building Code. Requiring general compliance with current CalGreen building requirements for areas of collection and construction/debris disposal.
8. Inspections and enforcement. Require city inspection and enforcement of SB 1383 requirements.
The attached ordinance adds or amends various provisions within the Delano Municipal Code to address the requirements set forth under SB 1383, as recommended by CalRecycle’s model ordinance. The specific changes are set forth in the attached ordinance in redline.
If the City Council introduces the ordinance for a first reading, then staff will arrange for a second reading of the ordinance and provide any public notice as necessary for that second reading.
Budget Impact
The implementation of these regulations will cost approximately $150,000 annually, the City expects to receive a grant for $68,000 from CalRecycle (SB 619) that will offset part of the cost. Budgeting for these costs will need to be addressed in the next fiscal year, since SB 1383 will take effect in January of 2023.
Attachments: Ordinance No. ___________.
-1- SB 1383 Ordinance
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELANO, CALIFORNIA, AMENDING THE DELANO
MUNICIPAL CODE TO ADDRESS MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION
The City Council of the City of Delano ordains as follows:
SECTION 1. Findings. The City Council of the City of Delano finds as follows:
A. Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services, to support achievement of Statewide Organic Waste disposal reduction targets. SB 1383 will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
B. SB 1383 further requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations.
C. The purpose of this ordinance is to implement the requirements set forth in SB 1383 into the Delano Municipal Code (DMC).
SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
SECTION 3. Amendment and Restatement of Chapter 13.48. Chapter 13.48 (Garbage and Disposal) of the DMC is amended and restated, as set forth in Exhibit A.
SECTION 4. Addition of Section 3.08.160. Section 3.08.160 (Paper Procurement) is added to the DMC, as set forth in Exhibit B. -2- SB 1383 Ordinance
SECTION 5. Addition of Chapter 6.66. Chapter 6.66 (Edible Food Donation and Food Recovery Requirements) is added to the DMC, as set forth in Exhibit C.
SECTION 6. Addition of Section 14.03.010.K.
Section 14.03.010.K is added to the DMC, as follows:
“K. California Green Building Standards Code.”
SECTION 7. Addition of Chapter 14.19. Chapter 14.19 (California Green Building Standards Code) is added to the DMC as set forth in Exhibit D.
SECTION 8. Deletion of Section 14.020.060. Section 14.20.060 is deleted.
SECTION 9. Addition of Chapter 14.21. Chapter 14.21 (Water conservation standard) is added to the DMC, as set forth in Exhibit E.
SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. Effective Date. This ordinance is effective 30 days after its adoption.
SECTION 12. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
ADOPTED this ____ day of ________, 2022.
____________________________________
Bryan Osorio, Mayor
ATTEST:
____________________________
Ricardo G. Chavez, City Clerk
-3- SB 1383 Ordinance
APPROVED AS TO FORM:
____________________________
Rachel H. Richman, City Attorney
I, Ricardo G. Chavez, City Clerk of the City of Delano, certify that Ordinance No. ______ was adopted by the City Council of the City of Delano at a regular meeting held on ___________, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Ricardo G. Chavez, City Clerk
EXHIBIT A
Chapter 13.48 - GARBAGE AND RUBBISH DISPOSAL
13.48.010 - Declaration of policy.
A. Adequate and proper solid waste management must be instituted and maintained by the city for the protection of the public health, safety and welfare.
B. The City Council of the city finds that to give practical effect to this policy, a comprehensive system for the management of solid waste including periodic collection, removal and disposal of refuse/solid waste/recyclables from all places and premises within the city is essential and to accomplish this purpose for the best interest and welfare of all the inhabitants of the city and for the general benefit of the community at large, it is necessary to provide that such services should be paid for directly by the owner and/or occupant of all uses of property in the city, and therefore, all such owners and/or occupants are made liable for the charges set by the city council.
C. Every such owner and/or occupant shall pay such charges whether or not they use refuse/solid waste/recycling services in all cases where such requirement is lawful.
D. Proceeds from rates and charges for refuse service may be used for purposes of sweeping of public streets and alleys.
E. The rates for recycling, organic waste, and green waste services provided by the city or its contractor may be set by a resolution of the city council.
F. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
G. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a Mandatory Commercial Recycling program.
H. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Created: 2021-04-23 08:27:42 [EST]
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Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires jurisdictions to implement a Mandatory Commercial Organics Recycling program.
I. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
J. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an chapter or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
13.48.020 - Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others). “C&D” means construction and demolition debris.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “City” means the City of Delano.
“City Enforcement Official” means the city manager, or other executive in charge, or their authorized Designee(s) who is/are partially or whole responsible for enforcing this chapter.
"City manager" means the city manager and/or their designee.
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"Collector" means an agent or employee of the city or any person, firm, corporation, or association or the agents or employees thereof licensed by contract or franchise collect, transport, and dispose of refuse/solid waste/recyclables in the city. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this chapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74) and this section. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Compliance Review” means a review of records by the city to determine compliance with this chapter.
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Construction rubbish" means and includes brick, mortar, concrete, asphalt, asphalt/concrete paving materials or other debris incident to the construction or demolition of buildings and/or streets, parking lots or roadways. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"Contract agent" means, if the city council determines to award a contract to a private entity, an agent or employee of an agent of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the state, with amendments thereto, to collect or transport through the streets, alleys or public ways of the city, and dispose of and/or recycle green waste garbage and/or recyclables produced within the corporate limits, of the city.
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“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action" means an action of the city to address non- compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or MultiFamily Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; Created: 2021-04-23 08:27:42 [EST]
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(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Garbage" means and includes all refuse accumulations with the exception of anything which meets the definition of recyclable, green waste, household hazardous waste, hazardous waste or construction rubbish set forth herein. “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
"Green waste" means cut shrubbery, tree and shrubbery trimmings, dead flowers, grass cuttings and other similar organic material, which may be effectively composted. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
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"Green waste collection program" means the program by which the city collects green waste from residential customers of the city's refuse collection services. The collection of green waste shall be by a services schedule and charge, which may be, separate from those for the pickup of garbage and recyclables.
“Hauler Route” means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
"Hazardous waste" means anything which has been determined to be a hazardous substance such that it cannot be disposed of in the county's landfill and is required by either county ordinance, state law or federal law to be transported to a specialized disposal facility set aside for hazardous waste. Hazardous wastes include but are not limited to household hazardous wastes.
"Household hazardous wastes" means any waste produced by a household that contains an ingredient listed in the Code of Federal Regulations Chapter 40 part 261.33(e) or 261.33(f) or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g. an oxidizer), toxicity, or infectiousness. Empty containers retaining residues of household hazardous wastes are also considered household hazardous wastes.
Household hazardous wastes include, but are not limited to, each of the following:
household cleaners, pesticides, batteries, wood preservatives, automobile polish, furniture polish, fertilizers, automotive products, adhesives and sealants, paints and coatings, photographic chemicals, swimming pool chemicals, used oils. “Inspection” means a site visit where the city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Created: 2021-04-23 08:27:42 [EST]
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Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Prison(s) located within the boundaries of the Delano, including (2) The Kern Valley State Prison and North Kern State Prison. (3) Public universities (including community colleges) located within the boundaries of the city, including the Delano Campus of Bakersfield College. (4) State agencies located within the boundaries of the Delano. “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a)(4).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
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“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants” is as defined in 14 CCR Section 18982(a)(55), and includes the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the city’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). "Recyclables" means paper products, aluminum cans, tin cans, glass bottles, plastic containers, and other items, which, from time to time, the city council shall add to the list of dry recyclables by resolution of the council.
“Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Recycling program" means the program by which the city collects recyclables from residential customers of the refuse collection services. The collection of recyclables shall be by a service schedule and charge, which may be separate from those for the pickup of garbage and green waste.
"Refuse" means all solid waste, including all construction rubbish, recyclables, garbage, green waste, and hazardous wastes.
"Refuse container" means either a container for garbage, a container for green waste or a container for recyclables.
“Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
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“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
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“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7).
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. “State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” is as defined in 14 CCR Section 18982(a)(73), and includes the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” is as defined in 14 CCR Section 18982(a)(74), and includes the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds.
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(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility. “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 18952(a)(75). “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
13.48.030 - Accumulations.
It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.
13.48.040 Refuse—Burning, burying or dumping.
A. It shall be unlawful for any person to dump, or permit to be dumped, any refuse in any place within the city.
B. It shall be unlawful for any person to bury or permit to be buried, any refuse other than green waste in any place within the city. It shall be lawful for a person to bury green waste if the green waste has either been ground up for the purpose of composting or mulching or is of such a type or texture that grinding up or chipping is not necessary in order to compost and/or mulch the green waste back into the soil.
C. Except for permitted burns in those areas zoned for agriculture it shall be unlawful for any person to burn any refuse upon any place within the city at any time. It shall be lawful for a person to burn refuse other than hazardous wastes within property zoned for agriculture pursuant to a permit first obtained from the fire chief and under the conditions imposed by such permits pursuant to any and all applicable laws and regulations.
13.48.050 - Refuse transportation.
A. If any person shall choose to provide for recycling individually rather than participate in the recycling program and/or the green waste collection program provided by the city, nothing shall prevent an individual from removing and carrying such recyclables Created: 2021-04-23 08:27:42 [EST]
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and/or green waste to a legally designated recycling station, so long as the means of conveyance meets the requirements of this chapter and State law.
B. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
C. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self- Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
D. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
E. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 6.66.020.C to the city if requested.
F. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 13.48.50 D. and E.
13.48.060 - Refuse collection service required.
The accumulation, collection, removal and disposal of refuse shall be controlled by the city for the protection of the public health, safety and welfare and to contribute towards the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of garbage, the recycling of recyclables, and the collection, removal, disposal and/or composting of green waste, from all residential property in the city and a comprehensive system for the periodic collection, removal and disposal of refuse from all property in the city is essential and benefits all residents of the city, and therefore, all such residents are made liable for the Created: 2021-04-23 08:27:42 [EST]
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garbage collection charges, the charges for the recycling program, and the charges for the green waste collection program established by the city council for the collection and disposable of garbage, green waste and recyclables, and each resident shall pay at least the minimum rate established for such services by the city council adopted by resolution after public hearing, and modified in like manner from time to time thereafter.
A. Every person or legal entity owning or occupying a developed parcel shall subscribe to the garbage collection service and recycling program service from the city, whether the owner or occupant uses the services or not. "Developed parcel" means any parcel of land used or to be used for a residential, industrial, or commercial purpose.
B. Every person owning or occupying a residence shall subscribe to the recycling program and organic waste collection program from the city whether the owner or occupant of the residence uses the recycling program and/or the green waste collection program or not.
C. It is unlawful for a residential customer to put out refuse for collection by the city or the contract agent and fail to have sorted each of the following listed components from each of the other listed components: organic waste, garbage, household hazardous wastes, and recyclables.
D. It is unlawful for any person to take or pilfer, for his own use or benefit, the recyclables of any other person after the recyclables have been put out for collection, without the consent of the owner thereof. The customer owns all garbage, organic waste and recyclables until possession thereof is taken by the city or the contract agent, at which time the ownership thereof shall shift to the city or the contract agent.
E. Notwithstanding the foregoing, nothing contained in this section shall be interpreted as requiring anyone to discard into the solid waste stream any given item, including but not limited to recyclables and green waste, so long as the provisions of this chapter are not violated. If any person owning or occupying residential property in the city chooses to transport their own organic waste and/or their own recyclables to a recycling center or to the land fill, then:
1. Their obligation to pay their proportional share of the cost of the city's recycling program and the cost of the green waste collection program shall not, however, be diminished; and
2. That person shall not, in any event, discard into the city's waste stream what would have been recyclables on what would have been organic waste, as if they were nonrecyclable garbage.
F. Single-Family Organic Waste Generators, except those that meet the Self-Hauler requirements, shall comply with the following requirements:
1. Shall subscribe to the city’s Organic Waste collection services for all Organic Waste generated as described below in Section 13.48.060.F.2. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of Created: 2021-04-23 08:27:42 [EST]
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materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
2. Shall participate in the city’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
G. Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
1. Subscribe to the city’s three container collection services and comply with requirements of those services as described below, except Commercial Businesses that meet the Self-Hauler requirements in this chapter. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the city.
2. Except Commercial Businesses that meet the Self-Hauler requirements in this chapter Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program.
4. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business.
Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
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Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
5. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program.
7. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
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10. Provide or arrange access for city or its agent to their properties during all Inspections conducted in accordance with Section 13.48.240 of this chapter to confirm compliance with the requirements of this chapter.
11. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this chapter.
12. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements as set forth in Chapter 6.66.
13.48.070 - Residential refuse collection services—Types.
A. For those parts of the city in which alley service is not applicable:
1. Customers shall be responsible for placing garbage containers, at the curb line, in the location determined by the city, on collection days designated by the city.
2. Residential customers shall be responsible for placing the containers at the curb line, at the location determined by the city, on collection days for recyclables designated by the city.
3. Residential customers shall be responsible for placing the green waste container, if it contains green waste at the property line on collection days designated by the city.
B. For those parts of the city in which alley service is applicable:
1. Customers shall be responsible for placing garbage containers at the property line in through alleys, on the side of the alley designated in advance by the city, on collection days designated by the city.
2. Residential customers shall be responsible for placing the containers for recyclables at the property line, at the location designated by the city, in through alleys on collection days designated by the city.
3. Residential customers shall be responsible for placing the green waste containers at the property line in through alleys closest to their property, on collection days designated by the city.
13.48.080 - Residential refuse collection services—Frequency—Containers— Placement.
A. The city shall, determine the frequency of collection as well as the size of container to be used for collections.
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daylight savings time of the collection day, but not before six p.m. of the preceding day.
C. No container for any refuse shall be allowed to remain at the curb after eight p.m. of the collection day.
D. No refuse container or residential rubbish shall be stored in the front yard or side on a street, unless the containers or rubbish is screened from public view. No refuse or refuse container shall be store or placed for collection within a public walkway, roadway or any other traveled way, except that alleys may be used for these purposed where such use does not interfere with the use of the alley by vehicles.
13.48.090 - Residential refuse containers.
A. For all residential customers receiving service upon the effective date of the ordinance adopting this section of the code, the city shall provide the following:
1. One sixty-five gallon container for garbage, of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement;
2. One ninety gallon container for recyclables of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement;
3. One ninety gallon container for green waste of a type which has a lid, a handle on one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement.
B. If any customer desires an additional container, or if the customer at any time is in need of a replacement for a container originally provided by the city, then the customer will be provided such a container by the city but will have to pay the city for the container provided in an amount to be established by the city.
C. On all developed parcels for commercial and industrial uses, not currently having solid waste collection service, the applicant shall pay to the city the cost of providing any container in an amount to be established by resolution of the city council.
D. The city may require a deposit for any container provided to any person as set forth in this section.
13.48.100 - Commercial refuse collection services.
A. Refuse Program. The collection of refuse from all commercial and industrial developed parcels shall include garbage collection and recycling program service.
B. Collection. Commercial customers shall be responsible for placing or maintaining containers for garbage collection and recycling service containers at the curb line, in the alley adjacent to the premises, or in the location determined by the city, on collection days designated by the city.
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C. Encroachment. Placement of containers for purposes of garbage or recycling collection by any person or firm other than the city or the city's recycling contractor shall not be allowed within any city right-of-way or easement.
D. Containers. Refuse containers shall be regulated by the city and the city shall establish the container size and capacity.
E. Frequency of Collection. The collection of refuse shall be made as many times per week as the city may order from all meat, fish, game and vegetable markets, restaurants, boarding houses, hotels, hospitals, and other like businesses.
13.48.110 - Refuse collection services—Charges.
A. The monthly charge for the collection and disposal of garbage services shall be the basic rate as established by a resolution of the city council times the equivalency multipliers set forth in this section. In addition thereto, additional rates for street sweeping services may be established by a resolution of the city council and included on billing for refuse.
B. Amendments or changes of any type or nature in the rates or charges herein described may be made upon proper notice and procedures as described in existing state law.
C. Equivalency multiplier for residential collection:
1. Private homes: one;
2. Apartment houses and mobile home parks: 0.83;
3. Motels and hotels: 0.50.
D. Equivalency Multiplier for Commercial Collection.
Number of Pick ups per Week
Quantity Per Collection 2 3 4 5 6
1. Up to 90 gallons 1 1.5 2.0 2.5 3
2. 1 cubic yard 2 3.0 4.0 5.0 6
3. 1-½ cu. yds. (300 gallons) 3 4.5 6.0 7.5 9
4. 2 cubic yards 4 6.0 8.0 10.0 12
5. 3 cubic yards 6 9.0 12.0 15.0 18
E. Average annual occupancy shall be computed on a calendar year basis from information furnished by the owner using the following formula:
Units occupied on a semi-monthly basis
Basis during year = Average Annual Occupancy
Number of units × 24
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In the event owner fails to supply required occupancy information, charge shall be based on one hundred percent occupancy.
F. In addition to any other charges or fees set forth in this chapter, each residential customer shall pay monthly fees for service related to the city's green waste program and a monthly fee for the city's recycling program, which shall be set by resolution of the city council.
13.48.120 - Special collection of nonconforming refuse.
The fees for special collection of nonconforming refuse shall be determined by the city manager and shall include gate fees, labor, equipment, materials, incidentals and administrative costs.
13.48.130 - Gate fees.
Fees established by this section shall apply to all nonresidential customers of the city, including, but not limited to, commercial, industrial agricultural and institutional refuse, or representatives of the state, county and city shall be charged as set forth in subsection A of this section.
A. Bin Disposal Fees. A bin disposal fee shall be charged for all nonresidential refuse bins that are collected by the city for disposal at a county waste facility.
The bin disposal fee shall be based on the basic fee per ton gate fee charged by the county for nonresidential refuse and shall be calculated using the following formula:
The basic per ton gate fee for nonresidential refuse divided by two thousand pounds, equals the fee per pound. The fee per pound, multiplied by the average weight in pounds of a cubic yard of municipal solid waste found in bins, equals the bin disposal fee per cubic yard. The bin disposal fee per cubic yard multiplied by the capacity of a bin equals the total bin disposal fee per time the bin is collected by the city.
Two or more containers: Number of containers x number of month pickups x gate fee = monthly gate fee.
B. The city shall calculate the amount owed by each nonresidential customer for the bin disposal fee for the city's current billing period and shall include that bin disposal fee, in a separate line or column, on the invoice or statement sent to each nonresidential customer for that billing period. Charges shall be due and payable on the first day of the month after service rendered and shall be delinquent after the fifteenth day of the month thereafter. A ten percent penalty shall be added to each delinquency.
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13.48.140 - Refuse collection services—Charges—Billing.
Refuse collection charges shall be included on the regular city water bill to persons who also have city water service. Where the refuse customer does not have city water service, a separate bill for refuse shall be mailed monthly in advance to the person who owns or controls the premises served.
13.48.150 - Rates or charges a debt.
The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute a debt due to the city or city agent for which the owner, occupant or operator of the property shall be jointly and severally liable. No person shall willfully fail, neglect or refuse, after demand for payment, to pay the applicable rates or charges.
13.48.160 - Refuse collection services—Charges—Delinquencies.
All bills for refuse collection service charges on the water bills shall be due and payable at the same time as the water bill. If a bill for refuse collection service is not paid within the time provided for, the city may discontinue service to the premises served.
All bills for refuse collection service charges, which bills are not a part of the city water bill, shall become delinquent fifteen days after presentation. If a bill for refuse collection service is not paid within such time, the city may discontinue service for nonpayment of the bill, in which case service shall not be restored until the bill is paid in full and a cash deposit for six months service is made for the payment of future bills.
13.48.170 - Enforcement—Supplemental rules and regulations.
A. The city manager or his/her designee shall enforce the provisions of this chapter, and shall have the power to establish rules and regulations consistent within the provisions of this chapter governing the keeping, collection, removal and disposal of refuse.
1. The city manager or his/her designee shall have the right to enter any and all premises for the purpose of determining the sanitary condition thereof, and any person denying or obstruction such entry shall be subject to the general penalty provided for in this Code.
2. The city manager or his/her designee including but not limited to the city's code enforcement officer, shall have the authority to enforce the provisions of this article and to arrest any person without a warrant for a violation of this article when committed in his presence, and to issue a notice to appear pursuant to Penal Code Section 836.5. This authority shall be in addition to the authority granted to police officers under this Code.
3. It shall be unlawful for any person in any manner to interfere with the collection or disposal of refuse, garbage, recyclables or green waste by any person authorized by license or contract, to collect and dispose of the same.
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B. No person shall deposit refuse in the container of another person, or set out for collection at another person's service location, except as may be established by the city where the city has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.
C. No customer shall permit or consent to another person depositing refuse in his container or setting out solid waste for collection at his place or premises: except that this provisions shall not apply where the city has established a temporary service location because the city has knowledge of construction demolition or other temporary obstacles which prevent the use of or access to permanent service locations.
13.48.180 - Collection—Exempt persons.
A. The collection, removal and disposal of all refuse shall be performed exclusively by the city or by the contract agent or agents; provided, that the following persons shall be exempt from the provisions of this section:
1. Any employee of the city who acts within the scope of his employment;
2. A person engaged in the business of gardening or landscaping, when removing and disposing of garden trimmings incident to the business;
3. Any person licensed by the city to remove and dispose of specific refuse.
B. The city may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Subsection B.2 below. Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection B.2 below.
2. Provide documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
3. Notify the city if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
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4. Provide written verification of eligibility for de minimis waiver every 5 years, if city has approved de minimis waiver.
C. Physical Space Waivers. The city may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements. A Commercial Business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.
D. Collection Frequency Waiver: The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the three container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.
Review and Approval of Waivers by city: The City Enforcement Official shall be responsible for the issuance of waivers. Although private entities may not issue waivers, the City Enforcement Official may designate another employee of the jurisdiction to exercise waiver-granting authority.
13.48.190 - Selection of city contractor.
The city council may select and enter into a contract with a qualified person(s) or corporation(s) engaged in the business of removing and disposing of refuse, and the person(s) or corporation(s) selected shall be known as the city contract agent(s) pursuant to this chapter. Until a city contract agent is selected and a contract is executed, city shall collect and dispose of refuse.
13.48.200 - Rates and charges.
A. Senior Citizens' Discount. Individuals sixty years of age or older, who own and reside in their own home, shall be eligible for a fifteen percent discount on their regular monthly service fee for that property.
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The following steps must be completed and an application approved by the city in order to obtain the fifteen percent discount:
1. Complete senior citizens' discount card application and sign it;
2. Return application to City Hall (1015 11th Avenue);
3. Show some type of identification to prove their age to utility billing when turning in application;
4. Provide property taxes or deed of trust, to prove that applicant is the home owner.
The discount will go into effect on the next monthly billing after approval of the application. In order to continue to receive the senior discount, individuals will be required to submit on an annual basis by July 1st an updated application to the utility billing department. The ability of funding the senior discount is dependent on the availability of Measure I funds.
13.48.210 - Regulation of haulers, organic waste processing facilities, and recycling stations.
It shall be unlawful for any person to engage in the business of owning, operating or maintaining a waste hauling operation, organic waste processing facility, recycling station within the city unless such person complies with the provisions of this section and other applicable laws and regulations of the city and the state:
A. Once each quarter, on a day to be designated by the city, every recycling station located within the city shall report to the city manager or his designee, the volume, in tons, of each of the following categories of materials, which have been received by the recycling station since the last report, from any source within the city:
1. Metal (including but not necessarily limited to aluminum cans, other cans and scrap metals);
2. Glass (including both colored glass and clear glass);
3. Paper products
B. At the same time as the monthly report as to the recyclables collected by the recycling station from properties within the city limits, all recycling stations within the city limits shall also report the amount, in tons, of the recyclables which, since the last such report to the city, the recycling station has sent out of the city, with each of the following intended as the destination:
1. Any landfill;
2. Any secondary recycling location (such as, for recycled metal, a metal fabricator, or for recycled paper products, a paper mill); and
3. Other locations, including but not limited to any facility which had the intention of burning the recyclables.
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C. Haulers permitted to operate by the city shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect Organic Waste:
1. Through written notice to the city annually on or before April 1st, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste.
2. Transport Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and Delano’s Municipal Code pertaining to Construction and Demolition Debris (Chapter 13.52).
D. Haulers permitted to operate by the city that collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its agreement entered into with the city.
E. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.
F. Community Composting operators, upon the city’s request, shall provide information to the city to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the city shall respond within 60 days.
13.48.220 - Regulations of commercial disposition of construction rubbish.
It shall be unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects construction rubbish within the city unless such person complies with the provisions of this section and other applicable laws and regulations of the city and state:
A. Once each quarter, on a day to be designated by the city, each such business which is located within the city shall report to the city manager or his designee, the volume, in tons, of the construction rubbish which the business has collected within the city limits and which it has been disposed of in each of the following manners:
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1. Deposited in any landfill;
2. Buried in any location other than a landfill, or incinerated;
3. Deposited at any location which has the intention of recycling the construction rubbish, including but not limited to any concrete plant, any asphalt plant and any location which intends to reuse directly any of the materials within the construction rubbish.
13.48.230 - Regulation of commercial disposition of household hazardous waste.
It shall be unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects household hazardous wastes within the city of unless such person complies with the provisions of this section and other applicable laws and regulations of the city and state:
A. Once each quarter, on a day to be designated by the city, each such business which is located within the city shall report to the city manager or his designee, the volume, in tons, of the household hazardous waste which the business has collected within the city limits and which it has then disposed of in each of the following manner:
1. Deposited at any landfill;
2. Buried in any location other than a landfill, or incinerated;
3. Deposited at any location which has the intention of recycling the household hazardous waste, including but not limited to any recycling of motor oil as well as the recycling of any insecticides and the recycling of any insecticides of other agricultural chemicals.
13.48.240 Inspections and Investigations
A. The city representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow city to enter the interior of a private residential property for Inspection.
B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Created: 2021-04-23 08:27:42 [EST]
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Inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by a the city during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The city’s representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. These complaints can be phoned in to the City Enforcement Official or submitted through physical or electronic mail.
13.48.250 Violations.
A. Violation of any provision of this chapter and the following solid waste provisions of the Delano Municipal code: (Chapter 6.65, Chapter 13.48, or 13.52) constitute grounds for issuance of a Notice of Violation and assessment of a fine by The City Enforcement Official or representative. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof.
1. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, if so designated by the city, in consultation with City Enforcement Official.
2. City Enforcement Official(s) will interpret chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
3. City Enforcement Official(s) may issue Notices of Violation(s).
4. City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the chapter randomly and through Created: 2021-04-23 08:27:42 [EST]
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Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 13.48.240 establishes city’s right to conduct Inspections and investigations.
5. City may issue an official notification to notify regulated entities of its obligations under the chapter.
6. For incidences of Prohibited Container Contaminants found in containers, city will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within 7 days after determining that a violation has occurred. If the city observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasions, the city may assess contamination fees on the generator consistent with the “Penalty Amounts for Types of Violations” in Subsection D.
7. With the exception of violations of generator contamination of container contents addressed under Subsection C.6, city shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
8. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the requirements contained in Table 1, List of Violations. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.
D. Penalty Amounts for Types of Violations
1. The penalty levels are as follows:
a. For a first violation, the amount of the base penalty shall be $100 per violation.
b. For a second violation, the amount of the base penalty shall be $200 per violation.
c. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
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2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in the city’s codes for appeals of administrative citations. Evidence may be presented at the hearing.
The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non-Compliance: Beginning January 1, 2022 and through December 31, 2023, city will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non-Compliance: Beginning January 1, 2024, if the city determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 13.48.250, as needed.
Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with city
requirements and as outlined in this chapter, for
employees, contractors, tenants, and customers,
including supplying and allowing access to adequate
numbers, size, and location of containers and
sufficient signage and container color.
Organic Waste Generator
Requirement
Organic Waste Generator fails to comply with
requirements adopted pursuant to this chapter for
the collection and Recovery of Organic Waste.
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Construction and
Demolition Projects
Delano Municipal
Code Chapter 13.52
Construction and Demolition meeting the
requirements of Delano Municipal Code 13.52.050
that fail to meet the diversion requirements of
Chapter 13.52
Retail
Establishments
Delano Municipal
Code Chapter 6.65
Retail Establishment provides a single-use bag at
the point of sale, or provides a reusable or recycled
content carryout bag without assessing a fee or as
provided in 6.65.30 of existing Delano Municipal
Code.
Hauler Requirement
Section,
A hauler providing residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste, as
prescribed by this chapter.
Hauler Requirement A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to
obtain applicable approval issued by the city to haul
Organic Waste as prescribed by this
chapter.
Hauler Requirement A hauler fails to keep a record of the applicable documentation of its approval by the city, as
prescribed by this chapter.
Self-Hauler Requirement A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food
Generator Requirement
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
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Service and comply with this Section commencing
Jan. 1, 2024.
Commercial Edible Food
Generator Requirement
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
Organic Waste Generator,
Commercial Business
Owner, Commercial Edible
Food Generator, Food
Recovery Organization or
Food Recovery Service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping
Requirements for
Commercial Edible Food
Generator
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records.
Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations.
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant
to 14 CCR Section 18991.3(b) fails to keep records.
EXHIBIT B
3.08.160 - Paper Procurement.
A. All vendors providing Paper Products and Printing and Writing Paper to the City of Delano shall:
1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at a total cost of no more than 150% of the total cost for nonrecycled items.
2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
5. Provide records to the city’s Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the city’s Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
B. For the purpose of this section, words will be interpreted in accordance with the definitions set forth in Section 13.48.020.
EXHIBIT C
Chapter 6.66 - EDIBLE FOOD DONATION AND FOOD RECOVERY
REQUIREMENTS
6.66.010 - Definitions.
For the purpose of this chapter, words will be interpreted in accordance with the definitions set forth in Section 13.48.020.
6.66.020 – Requirements for Edible Food Donation.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or selfhauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
6.66.030 - Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the city and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1, 2022, and each April 1 thereafter.
E. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City of Delano shall provide information and consultation to the City of Delano, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the city and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City of Delano shall respond to such request for information within 60 days.
EXHIBIT D
14.19.010 - California Green Building Standards Code.
A. The California Green Building Standards Code is adopted by reference.
B. The following are required for compliance with SB 1383. For the purpose of this chapter, words will be interpreted in accordance with the definitions set forth in Section 13.48.020.
1. Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.
2. For projects covered by CALGreen, the applicants must, as a condition of the city’s permit approval, comply with the following:
a. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the city, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
b. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the City of Delano, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
c. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Chapter 13.52 of Delano Municipal Code, and all written and published Delano policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
EXHIBIT E
14.21.010 - Water conservation standard.
A. No showerhead, lavatory, faucet or sink faucet may be installed in a building for which a plumbing permit is issued which exceeds the following maximum floor rates:
Appliance Test Pressure Maximum Flow Rate
Plumbing fittings 20-45 psig 2.75 gpm
Showerheads 45-80 psig 3.00 gpm
Lavatory faucets 20-80 psig 2.75 gpm
Sink faucets 20-80 psig 2.75 gpm
Sufficient information to ensure compliance shall be supplied by the installer upon request of the building inspector.
14.21.020 – SB 1383 requirements.
The following are required for compliance with SB 1383. For the purpose of this section, words will be interpreted in accordance with the definitions set forth in Section
13.48.020.
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch.
B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Subsection A above shall:
1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except
EXHIBIT E
in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Subsection A shall consult the full MWELO for all requirements.
D. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Resolution of the City Council of the City of Delano to submit a Notice of Intent to comply with Senate Bill 619.
Recommendation
Approve the Resolution of the City Council of the City of Delano to submit a Notice of Intent to comply with Senate Bill 619.
Discussion
The State of California adopted SB 1383, a bill aimed at reducing methane-producing organic waste from landfills. SB 1383 went into effect this year, and jurisdictions that do not meet the requirements of the state law are subject to fines of $10,000 per day.
Although the City of Delano is continuing to make progress towards full compliance with SB 1383, there are aspects of the City’s programs that need further development.
SB 619 was passed in 2021 allowing for a one-year relief from administrative penalties for jurisdictions that were affected by the COVID-19 pandemic. A condition of this relief is that jurisdictions must submit a “Notice of Intent to Comply” to CalRecycle by March 1, 2022, along with a schedule for compliance, and a resolution approving the Notice of Intent to Comply.
Attached is the Notice of Intent to Comply form, as well as the Resolution to be approved. The plan is to phase in SB 1383 programs during 2022 with full implementation by January 1, 2023. The SB 1383 Action Plan will be presented prior to April 1, 2022, when the City needs to file the Initial Jurisdiction Compliance Report on the status of SB 1383 with a copy of the SB 1383 Enforcement Mechanisms added to the City’s Municipal Code.
Budget Impact
The implementation of these regulations will cost approximately $150,000 annually, the City expects to receive a grant for $68,000 from CalRecycle (SB 619) that will offset part of the cost. Budgeting for these costs will need to be addressed in the next fiscal year, since SB 1383 will take effect in January of 2023.
Attachments: Resolution No. ___________
Notice of Intent to Comply Form
RESOLUTION NO. 2022 –
RESOLUTION OF THE CITY COUNCIL OF CITY OF DELANO AUTHORIZING THE SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 619.
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and WHEREAS, The City of Delano is a local jurisdiction required to comply with the Regulations; and WHEREAS, The City of Delano is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, The City of Delano is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute;
NOW THEREFORE, BE IT RESOLVED,
1. The City of Delano hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
2. The City of Delano hereby authorizes and directs the Public Works Director on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Delano represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
4. The City of Delano acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 22nd day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________
Bryan Osorio, Mayor
Attest
_______________________
Ricardo G. Chavez, City Clerk
Attachment: Exhibit A: Notification of Intent to Comply Form Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: Delano County:Kern
Person Completing the Form:
First Name: Roman Last Name: Dowling
Title: Public Works Director
Mailing Address: 1015 Eleventh Avenue
P.O. Box 3010
City: Delano Zip Code: 93216-3010
Email Address: [email protected]
Phone Number: (661) 720-2219
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
Our jurisdiction has had the final copy of the SB 1383 in October of 2020. Although the general requirements of SB 1383 could be anticipated from the rulemaking process, the specifics of the law have been known for less than two years. Given the planning and investment required to increase organic processing capacity, making substantial progress on such expansion is impossible without regulatory certainty. Once this certainty was established, we acted as swiftly as possible to reach compliance. However, many of the requirements of SB 1383, especially those to develop complete collection programs, negotiate contracts, establish facilities, and educate the community take well over a year.
Food waste processing capacity has proven especially elusive as the permitting and development of such facilities require a great deal more than conventional green waste processing options. In addition to the challenge of locating such a facility, many components of the timeline for permitting for new food waste facilities is outside of our control. Further, such projects are beholden to building season and labor and materials availability.
Although we are unable to meet some of the 2022 deadlines under the regulations, our timeline will allow us to reach SB 1383 compliance by January 1st 2023. The extra time will allow us to develop well thought-out, fully permitted, and effective programs for organic waste diversion as well as the other requirements of SB 1383. We are investing in achieving full and effective compliance for SB 1383 by hiring consultants to facilitate permitting and facility and program development.
The Shafter-Wasco Santiary Landfill is owned and operated by Kern County and did receive a Solid Waste Facility Permit for a composting facility. They are now applying for an Authroity to Construct from the San Jaqauin Valley Air Polllution Control District. It is anticapted that it may take another year to reeive the ATC, and then to design and construct. This facility is within a direct haul from the City of Delano for the most cost-effective program. On the interim, organics may be transferred out from the Shafter-Wasco Landfill to other permitted compost facilities in the region.
3. A description of the impacts of the COVID-19 pandemic on compliance.
COVID-19 affected many aspects of how our jurisdiction operated during 2020, and still affects many of our operations to date. The most impactful aspect of COVID-19 with respect to our SB 1383 compliance has been a matter of competing priorities. COVID-19 had put many of our residents and businesses in turmoil, and our staff had to quickly adapt new programs, some related and some unrelated to solid waste. This has been both a staffing and resources burden.
Health and safety and the other urgencies of COVID-19 have left our office with narrowly enough resources to maintain our AB 1826 and Mandatory Commercial Recycling Programs.
Further, the uncertainty brought upon by the pandemic has made timelines difficult to estimate and execute. Maintaining and adapting new programs has taken precedence over the development of new programs, and for the first several months of COVID-19 it had seemed as though normal operations could resume and catch up after time. Although coronavirus appears to remain for the foreseeable future, our jurisdiction is ready to make SB 1383 succeed regardless.
Our SB 1383 rollout will consider coronavirus appropriately, while thoroughly meeting all aspects of SB 1383. In many situations, SB 1383 works well to ameliorate some of the damages caused by COVID-19. For instance, food rescue is all the more crucial as COVID-19 has made many populations less food secure. Further, the rapid expansion of take out food, disposable masks, home deliveries, and single use packaging that has come with coronavirus warrants new solutions to counteract the increase in disposal. Our hope is that the new SB 1383 diversion programs will offset the damage to our diversion rate caused by coronavirus.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
See optional format below
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
------------------------------
Signature
Roman Dowling
------------------------------
Printed Name
Public Works Director
------------------------------
Title
----------------------------
Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Develop three-cart collection program with the
franchsed hauler - South Tulare-Richgrove Refuse Service to collected residential and commerical orgnics
Date to be completed:
July 1, 2022
TASK 2: Outreach and education for three cart collection system to start as soon as Labor Day or as late of as January 1, 2023 Date to be completed:
January 1, 2023
TASK 3: Develop a program with Kern County to transfer
organics from the Shafter-Wasco Landfill to a permitted facility as soon a Labor Day or as late as Janaury 1, 2023
Date to be completed:
Janaury 1, 2023
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Develop edible food program Date to be completed:
January 1, 2023
TASK 2: Implement compost procurement program Date to be completed:
Janaury 1, 2023
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.
Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.
Date to be completed:
4/28/2022
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\02-21-2022\READY_Well Rehabs for 33 and 26\SR_Award_Rehablitation_Wells 33 &
26.docx
CITY OF DELANO
STAFF REPORT
February 22, 2022
January
TO:
FROM:
Agenda Item: 11
Honorable Mayor and Members of the City Council
Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: AWARD OF URGENT CONTRACT FOR THE 2022 WATER
WELLS 26 & 33 REHABILITATION PROJECT TO
BAKERSFIELD WELL AND PUMP CO. IN THE AMOUNT OF
$186,930.00 AND AUTHORIZE THE CITY MANAGER TO SIGN
THE CONSTRUCTION CONTRACT.
RECOMMENDATION
Award the URGENT contract for the 2022 Wells 26 & 33 Rehabilitation Project in the amount of $186,930.00 to Bakersfield Well & Pump Company (BWP) of Bakersfield, CA and authorize the City Manager to sign the construction contract.
DISCUSSION
The City of Delano is in URGENT need rehabilitate Wells 26 & 33, both located near the intersection of Browning Rd. and 20th Avenue, primarily to address the drop in their water productions and aeration issues. These two wells will feed the new TCP Removal Plant on 20th Avenue. This rehabilitation project includes pulling the pumps, videoing the entire depth, cleaning them, zone testing, development of the wells, test pumping, water sampling and the possible installation of new well pumps if needed.
Staff requested a sole source quote from BWP who is available to conduct the work in a timely manner. BWP has an excellent history with the City of Delano, having completed and rehabilitated most wells within the last decade.
FISCAL IMPACT:
A contingency of $13,070.00 (7%) is requested, bringing the total possible project cost to $200,000.00. $300,000 was appropriated for this type of project in the current budget under Account number 08-980L-108. This approval also authorizes the City Manager to execute any documents needed to carry out this project including change orders within the contingency amount as needed.
Attach: Agreement
Proposal
AGREEMENT
THIS AGREEMENT, made and entered into by and between the City of Delano
hereinafter referred to as "CITY" and
,
a corporation under the laws of the state of ;
a partnership composed of
;
a joint venture composed of
;
an individual doing business as ;
hereinafter referred to as "CONTRACTOR."
CITY and CONTRACTOR agree as follows:
(1) SCOPE OF WORK: CONTRACTOR will furnish all materials and will perform all of the work for the construction of
2022 Water Wells 26 & 33 Rehabilitation Project
in accordance with written and verbal direction provided by the City Engineer. (2) CONTRACT SUM: CITY will pay CONTRACTOR on a time and material basis as per the attached rate schedule.
(4) PAYMENTS: Monthly progress payments and the final payment will be made in accordance with the General Provisions as modified by the Special Provisions. The filing of the notice of completion by CITY shall be preceded by acceptance of the work made only by an action of the Governing Body of CITY in session.
(5) COMPLIANCE WITH PUBLIC CONTRACTS LAW: CITY is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by CONTRACTOR. (6) CONTRACT DOCUMENTS: The complete contract includes all the Contract Documents set forth herein, to wit: Agreement, Performance Bond, Payment Bond, Contractor's Certificate Regarding Workers' Compensation, Certificate of Insurance (Workers' Compensation and Employer's Liability), Insurance Endorsement (Workers' Compensation and Employer's Liability), Certificate of Insurance (Liability), Insurance Endorsement (Liability), General Provisions, Special Provisions, Federal Requirements, Standard Specifications, and and supplemental agreements.
This Agreement is executed by the CITY pursuant to an action of its Governing Body in session on _______________, 20____, authorizing the same, and CONTRACTOR has caused this Agreement to be duly executed.
Dated: , 20__ By
Maribel Reyna
Title: City Manager
Dated: , 20__
Bakersfield Well and Pump Company
By
(Authorized Representative of Contractor)
(Seal if Corporation) Title
(Attach Acknowledgment for Authorized Representative of Contractor) APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
CERTIFICATE OF CONTRACTOR
I,_______________________________________________________, certify that I am a/the __________________________________ [designate sole proprietor, partner in partnership, or specify corporate office, e.g., secretary] in the entity named as CONTRACTOR in the foregoing contract.
I hereby expressly certify that the name of the entity to which I am associated is ______________________________________________; that this entity is in good standing and has complied with all applicable laws and regulations, and that I have been expressly authorized by the proper parties in this entity to execute this contract on behalf of the above-named entity.
NOTARY PUBLIC
CITY OF DELANO
STAFF REPORT
January
February 22, 2022
Agenda Item: 12
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Resolutions of the City Council of City of Delano authorizing submittal of application(s) for all CalRecycle grants and Payment Programs for which the City is eligible
RECOMMENDATION:
Approve two resolutions:
a) Resolution authorizing the Public Works Director the submittal of applications for all CalRecycle Grants.
b) Resolution authorizing the Public Works Director submittal of Application for Payment Programs and related authorizations.
DISCUSSION:
These resolutions authorize staff to apply for CalRecycle grants and for subsequent reimbursements as grants become available. This authorization is for five years from the date of approval, the City Manager or the Public Works Director are authorized to sign the grant or pay applications as needed.
FISCAL IMPACT:
The City receives an annual amount of at least $13,000 thru the recycled materials grant, and with the addition of SB 619 the City will get $68,000, plus any other CalRecycle grants that might become available each year.
Attachment: Resolutions
RESOLUTION NO. 2022 –
RESOLUTION OF THE CITY COUNCIL OF CITY OF DELANO AUTHORIZING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH
THE CITY IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City of Delano authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Delano is eligible; and BE IT FURTHER RESOLVED that the City Manager or the Public Works Director are hereby authorized and empowered to execute in the name of the City of Delano all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 22nd day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________
Bryan Osorio, Mayor
Attest
________________________
Ricardo G. Chavez, City Clerk
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT
PROGRAMS AND RELATED AUTHORIZATIONS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
NOW, THEREFORE, BE IT RESOLVED that the City of Delano is authorized to submit an application to CalRecycle for any and all payment programs offered; and BE IT FURTHER RESOLVED that the City Manager or the Public Works Director are hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 22nd day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Bryan Osorio, Mayor
_________________________
Ricardo G. Chavez, City Clerk
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 13
TO: Honorable City Manager and Members of the City Council FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Approval of Amendment No. 4 to Lease Agreement 2012-119 for Wastewater Municipal Farm Property (Delano II) with B&D Morris Farms adding Bervel II acreage and Authorizing the City Manager to Execute the Amendment
Recommendation
Approve Amendment No. 4 to Lease Agreement 2012-119 for Wastewater Municipal Farm Property (Delano II) with B&D Morris Farms adding Bervel II acreage and authorize the City Manager to execute the agreement.
Discussion
The currently leased property under agreement 2012-119, referred to as Delano II, includes approximately 555 acres of farmland, consisting of 254 acres of almond trees (aged over 6 years) and 301 acres planted with alfalfa, which includes the Mettler and Bervel I farms. B&D Morris Farms is currently the tenant of this farm and is under contract until December 31, 2022, at which time they are eligible for an option to extend.
B&D Morris Farms is familiar with wastewater discharge regulations and has worked well with city staff for the past decade.
On September 7, 2021, the City of Delano purchased the Bervel II property (APN 520- 170-03 and 520-170-04), 198.91 acres, of which 77.91 acres is planted with almonds and 121.00 acres is planted with alfalfa.
On December 21, 2021, B&D Morris Farms proposed to lease the Bervel II property for continued development and to integrate into Delano II, as this has been the plan and purpose of the purchase. This property will provide additional acreage to spread the recycled effluent that comes from the City’s wastewater treatment plant. In the interim time that the plant does not produce enough effluent, continued development of the land for irrigated agricultural purposes is an important and practical consideration as well.
When approved, the integrated total area (Delano II) planted with almonds will be 332+/- acres, and 422+/- acres shall be planted with alfalfa. For reference, see Exhibit “A”.
B&D Morris Farms is in a unique position to develop the Bervel II property due to the availability of their irrigation infrastructure throughout the South San Joaquin Municipal Utility District (SSJMUD). Project integration and development will commence March 1, 2022. The plantings would have other sources of available water, including B&D’s SSJMUD Entitlements, up to two acre-ft per acre of class 1 water and the well on-site producing approximately 1,100 gpm.
B&D Morris Farms will install two pipelines to convey effluent water from Mettler Farm to the Bervel II property. This will allow for a maximum capacity to spread effluent water and more area to spread it over. All costs associated with this proposed infrastructure development shall be at B&D Morris Farms expense.
The extended term of this lease shall be 10 years, with options to extend two (additional periods of five years.
Budget Impact
The city will receive approximately $98,955.00 more per year for the additional land.
Attachments:
1. Amendment No. 4 to Lease Agreement 2012-119 for Wastewater Municipal Farm Property (Delano II) with B&D Morris Farms
2. Exhibit “A”, 754 Acre Property Map
3. Exhibit “B”, Payment Schedule Amendment No. 4
4. Letter of Intent from B&D Morris
Agreement No. 2022 -
AMENDMENT NO. 4 TO LEASE AGREEMENT NO. 2012-119
FOR WASTEWATER MUNICIPAL FARM PROPERTY (DELANO II) WITH B&D MORRIS
FARMS ADDING BERVEL II ACREAGE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT
This Amendment No. 4 is made and entered into this 22nd day of February 2022 between the City of Delano, a municipal corporation, hereinafter called "Lessor" and Billy Morris and Donnie Morris, dba B&D Farms, hereinafter collectively called "Lessee".
WHEREAS, The Lessor owns five hundred fifty-five (555 ±) acres of farmland (Delano II) for the purposes of growing agricultural crops such as alfalfa and almonds; and WHEREAS, Lessee is leasing said property for a period of 10 years, and terminating on December 31, 2022, with option to extend three (3) additional periods of five (5) years; and
WHEREAS, On September 7, 2021, Lessor bought the Bervel II property APN 520-170- 03 and 520-170-04, a total of 198.91 acres) across Wasco-Pond Road to Delano II; and WHEREAS, On December 21, 2021, Lessee proposed to lease the Bervel II property for continued development and with primary goal of integrating farm operations now being done with Delano II; and
WHEREAS, Lessor has determined that it is an important consideration for this land to provide for the recycled water upon said premises, as it comes from the City’s wastewater treatment plant; and
WHEREAS, Lessor desires continued development of the integrated (Delano II) three hundred thirty-two (332) +/- acres of almonds (Almond Acres) farm and the four hundred twenty-two (422) +/- acres of alfalfa (Alfalfa Acres), Exhibit “A”; and WHEREAS, Lessee shall continue irrigating Alfalfa Acres with effluent coming from the Wastewater Treatment Plant; and
WHEREAS, Lessee desires to bear all costs associated with the proposed development at no expense to the Lessor; and
WHEREAS, Lessee agrees to pay rent associated with this proposed development as amended, and in accordance with Exhibit “B,” and
WHEREAS, all other terms and conditions of said Lease Agreement 2012-119, including previous amendments not modified herein shall remain in full force and in effect.
NOW THEREFORE, and in consideration of the mutual covenants herein contained, it is mutually agreed by and between the parties hereto as follows:
1. DESCRIPTION:
Lessor hereby Leases to Lessee and Lessee hires from Lessor, on the terms and conditions hereinafter set forth, that certain real property hereinafter referred to as the "Premises" situated in the County of Kern , State of California, and more particularly described in Exhibit "A" as if fully set forth herein, consisting of approximately 754 ± acres.
2. TERMS:
The term of this lease shall be extended 10 years from date of approval by this amendment. The start date is 2/22/2022, ending date is 2/21/2032, with the option to extend two (2) additional periods of five (5) years.
3. RENT:
Almond Acres.
Beginning 2/22/2022, B&D Morris Farms agree to pay four-hundred sixteen and 16/100 dollars ($416.16) per acre annually for the Delano II almonds with 2% inflation escalator every year thereafter.
The 77.91 acres from Bervel II shall be paid $500 per acre per year starting in 3/01/2022.
Beginning 2/22/2027, the rent shall be increased to $510 with a two percent (2%) annual inflation escalator and shall apply every year thereafter until all the options to extend have been exercised or when City and B&D Morris Farms mutually agree a change is necessary.
Alfalfa Acres.
Beginning 2/22/2022, B&D Morris Farms agree to pay one-hundred forty-nine and 39/100 dollars ($149.39) per acre annually for the Delano II alfalfa with 2% inflation escalator every year thereafter.
The 121 acres from Bervel II shall be paid $500 per acre per year starting in 3/01/2022.
Beginning 2/22/2027, the rent shall be increased to $510 with a two percent (2%) annual inflation escalator and shall apply every year thereafter until all the options to extend have been exercised or when City and B&D Morris Farms mutually agree a change is necessary.
The rent per acre per year for Delano II shall be as shown in Exhibit “B.” All payments shall be made every quarter on March 1, June 1, September 1, and December 1. The Lessor will not send Payment notices to Lessee.
4. All other terms and conditions of said Lease Agreement 2012-119 and associated amendments not modified herein shall remain in full force and in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY OF DELANO B&D MORRIS FARMS
a Municipal Corporation
By: _______________________ By: ___________________
Maribel Reyna, City Manager Billy Morris, President
Attest:
________________________
Ricardo G. Chavez, City Clerk
0 1500 3000 ft.
DELANO II (Mettler, Bervel I & II Farms)
Legend
This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.
Scale: 1:12,692
Map center: 6168381, 2462021
J
K
AMENDMENT 4 EXHIBIT A
L
M
I
Project: Lease Agreement 2012-119 Amendment No. 4
422 +/- acres
332 +/- acres
754 +/- acres
Annual Inflation Escalator: 2%
Amendment No. 4 adds 10 years to term, ending February 21, 2032
ALMOND ACRES
Beginning Ending
Almond
Acres $/Acre/Yr Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
254.42 416.16 Delano II 105,879 26,469.86 26,469.86 26,469.86 26,469.86 2/21/2023 77.91 500.00 Bervel II 38,955 3,246.25 9,738.75 9,738.75 9,738.75 29,716.11 36,208.61 36,208.61 36,208.61 138,342
254.42 424.48 Delano II 107,997 26,999.25 26,999.25 26,999.25 26,999.25 2/21/2024 77.91 500.00 Bervel II 38,955 9,738.75 9,738.75 9,738.75 9,738.75 36,738.00 36,738.00 36,738.00 36,738.00 146,952
254.42 432.97 Delano II 110,157 27,539.24 27,539.24 27,539.24 27,539.24 2/21/2025 77.91 500.00 Bervel II 38,955 9,738.75 9,738.75 9,738.75 9,738.75 37,277.99 37,277.99 37,277.99 37,277.99 149,112 3
254.42 441.63 Delano II 112,360 28,090.02 28,090.02 28,090.02 28,090.02 2/21/2026 77.91 500.00 Bervel II 38,955 9,738.75 9,738.75 9,738.75 9,738.75 37,828.77 37,828.77 37,828.77 37,828.77 151,315 4
254.42 450.46 Delano II 114,607 28,651.82 28,651.82 28,651.82 28,651.82 2/21/2027 77.91 500.00 Bervel II 38,955 9,738.75 9,738.75 9,738.75 9,738.75 38,390.57 38,390.57 38,390.57 38,390.57 153,562 5
254.42 459.47 Delano II 116,899 29,224.86 29,224.86 29,224.86 29,224.86 2/21/2028 77.91 510.00 Bervel II 39,734 9,933.53 9,933.53 9,933.53 9,933.53 39,158.39 39,158.39 39,158.39 39,158.39 156,634 6
254.42 468.66 Delano II 119,237 29,809.36 29,809.36 29,809.36 29,809.36 2/21/2029 77.91 520.20 Bervel II 40,529 10,132.20 10,132.20 10,132.20 10,132.20 39,941.55 39,941.55 39,941.55 39,941.55 159,766 7
254.42 478.04 Delano II 121,622 30,405.55 30,405.55 30,405.55 30,405.55 2/21/2030 77.91 530.60 Bervel II 41,339 10,334.84 10,334.84 10,334.84 10,334.84 40,740.38 40,740.38 40,740.38 40,740.38 162,962 8
254.42 487.60 Delano II 124,055 31,013.66 31,013.66 31,013.66 31,013.66 2/21/2031 77.91 541.22 Bervel II 42,166 10,541.54 10,541.54 10,541.54 10,541.54 41,555.19 41,555.19 41,555.19 41,555.19 166,221 9
254.42 497.35 Delano II 126,536 31,633.93 31,633.93 31,633.93 31,633.93 2/21/2032 77.91 552.04 Bervel II 43,009 10,752.37 10,752.37 10,752.37 10,752.37 332.33 42,386.30 42,386.30 42,386.30 42,386.30 169,545 10 Total = 1,554,411
2/22/2031
2/22/2029
1 2
2/22/2030
Payment Schedule
Rent Due by Quarter, $
2/22/2022
2/22/2023
2/22/2025
2/22/2024
2/22/2026
2/22/2027
2/22/2028
Crop Year
Description:
Alfalfa
Almonds
Total Area
Amendment No. 4 Ag #2012-119 EXHIBIT B 1 of 5
ALFALFA ACRES
Beginning Ending
Alfalfa
Acres
Rent per
Acre per
year, $ Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
300.75 149.39 Delano II 44,929 11,232.26 11,232.26 11,232.26 11,232.26 2/21/2023 121.00 500.00 Bervel II 60,500 5,041.67 15,125.00 15,125.00 15,125.00 16,273.93 26,357.26 26,357.26 26,357.26 95,346 1
300.75 152.38 Delano II 45,828 11,456.91 11,456.91 11,456.91 11,456.91 2/21/2024 121.00 500.00 Bervel II 60,500 15,125.00 15,125.00 15,125.00 15,125.00 26,581.91 26,581.91 26,581.91 26,581.91 106,328 2
300.75 155.43 Delano II 46,744 11,686.04 11,686.04 11,686.04 11,686.04 2/21/2025 121.00 500.00 Bervel II 60,500 15,125.00 15,125.00 15,125.00 15,125.00 26,811.04 26,811.04 26,811.04 26,811.04 107,244 3
300.75 158.53 Delano II 47,679 11,919.76 11,919.76 11,919.76 11,919.76 2/21/2026 121.00 500.00 Bervel II 60,500 15,125.00 15,125.00 15,125.00 15,125.00 27,044.76 27,044.76 27,044.76 27,044.76 108,179 4
300.75 161.70 Delano II 48,633 12,158.16 12,158.16 12,158.16 12,158.16 2/21/2027 121.00 500.00 Bervel II 60,500 15,125.00 15,125.00 15,125.00 15,125.00 27,283.16 27,283.16 27,283.16 27,283.16 109,133 5
300.75 164.94 Delano II 49,605 12,401.32 12,401.32 12,401.32 12,401.32 2/21/2028 121.00 510.00 Bervel II 61,710 15,427.50 15,427.50 15,427.50 15,427.50 27,828.82 27,828.82 27,828.82 27,828.82 111,315 6
300.75 168.24 Delano II 50,597 12,649.35 12,649.35 12,649.35 12,649.35 2/21/2029 121.00 520.20 Bervel II 62,944 15,736.05 15,736.05 15,736.05 15,736.05 28,385.40 28,385.40 28,385.40 28,385.40 113,542 7
300.75 171.60 Delano II 51,609 12,902.34 12,902.34 12,902.34 12,902.34 2/21/2030 121.00 530.60 Bervel II 64,203 16,050.77 16,050.77 16,050.77 16,050.77 28,953.11 28,953.11 28,953.11 28,953.11 115,812 8
300.75 175.03 Delano II 52,642 13,160.38 13,160.38 13,160.38 13,160.38 2/21/2031 121.00 541.22 Bervel II 65,487 16,371.79 16,371.79 16,371.79 16,371.79 29,532.17 29,532.17 29,532.17 29,532.17 118,129 9
300.75 178.53 Delano II 53,694 13,423.59 13,423.59 13,423.59 13,423.59 2/21/2032 121.00 552.04 Bervel II 66,797 16,699.22 16,699.22 16,699.22 16,699.22 421.75 30,122.81 30,122.81 30,122.81 30,122.81 120,491 10 Total = 1,105,518
Crop Year
2/22/2026
2/22/2027
2/22/2028
2/22/2029
2/22/2030
Rent Due by Quarter, $
2/22/2022
2/22/2023
2/22/2024
2/22/2025
2/22/2031
Amendment No. 4 Ag #2012-119 EXHIBIT B 2 of 5
Extension 1 (5 Years, Terminating in February 21, 2037)
ALMOND ACRES
Beginning Ending
Almond
Acres
Rent per
Acre per
year, $ Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
254.42 182.11 Delano II 46,331.30 11,582.83 11,582.83 11,582.83 11,582.83 2/21/2033 77.91 563.08 Bervel II 43,869.66 10,967.41 10,967.41 10,967.41 10,967.41 22,550.24 22,550.24 22,550.24 22,550.24 90,201 11
254.42 185.75 Delano II 47,257.93 11,814.48 11,814.48 11,814.48 11,814.48 2/21/2034 77.91 574.34 Bervel II 44,747.05 11,186.76 11,186.76 11,186.76 11,186.76 23,001.24 23,001.24 23,001.24 23,001.24 92,005 12
254.42 189.46 Delano II 48,203.09 12,050.77 12,050.77 12,050.77 12,050.77 2/21/2035 77.91 585.83 Bervel II 45,641.99 11,410.50 11,410.50 11,410.50 11,410.50 23,461.27 23,461.27 23,461.27 23,461.27 93,845 13
254.42 193.25 Delano II 49,167.15 12,291.79 12,291.79 12,291.79 12,291.79 2/21/2036 77.91 597.55 Bervel II 46,554.83 11,638.71 11,638.71 11,638.71 11,638.71 23,930.49 23,930.49 23,930.49 23,930.49 95,722 14
254.42 197.12 Delano II 50,150.49 12,537.62 12,537.62 12,537.62 12,537.62 2/21/2037 77.91 609.50 Bervel II 47,485.93 11,871.48 11,871.48 11,871.48 11,871.48 332.33 24,409.10 24,409.10 24,409.10 24,409.10 97,636 15 Total = 469,409
ALFALFA ACRES
Beginning Ending
Alfalfa
Acres
Rent per
Acre per
year, $ Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
300.75 201.06 Delano II 60,468.58 15,117.14 15,117.14 15,117.14 15,117.14 2/20/2033 121.00 621.69 Bervel II 75,224.15 18,806.04 18,806.04 18,806.04 18,806.04 33,923.18 33,923.18 33,923.18 33,923.18 135,693 11
300.75 205.08 Delano II 61,677.95 15,419.49 15,419.49 15,419.49 15,419.49 2/21/2034 121.00 634.12 Bervel II 76,728.63 19,182.16 19,182.16 19,182.16 19,182.16 34,601.64 34,601.64 34,601.64 34,601.64 138,407 12
300.75 209.18 Delano II 62,911.51 15,727.88 15,727.88 15,727.88 15,727.88 2/21/2035 121.00 646.80 Bervel II 78,263.20 19,565.80 19,565.80 19,565.80 19,565.80 35,293.68 35,293.68 35,293.68 35,293.68 141,175 13
300.75 213.37 Delano II 64,169.74 16,042.43 16,042.43 16,042.43 16,042.43 2/21/2036 121.00 659.74 Bervel II 79,828.47 19,957.12 19,957.12 19,957.12 19,957.12 35,999.55 35,999.55 35,999.55 35,999.55 143,998 14
300.75 217.63 Delano II 65,453.13 16,363.28 16,363.28 16,363.28 16,363.28 2/21/2037 121.00 672.93 Bervel II 81,425.03 20,356.26 20,356.26 20,356.26 20,356.26 421.75 36,719.54 36,719.54 36,719.54 36,719.54 146,878 15 Total = 706,150
2/22/2036
2/22/2032
2/22/2033
2/22/2034
2/22/2035
2/22/2035
2/22/2036
Rent Due by Quarter, $
2/22/2034
Crop Year Rent Due by Quarter, $
2/22/2032
2/22/2033
Crop Year
Amendment No. 4 Ag #2012-119 EXHIBIT B 3 of 5
Extension 2 (5 Years, Terminating in December 31, 2041)
ALMOND ACRES
Beginning Ending
Almond
Acres
Rent per
Acre per
year, $ Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
254.42 221.99 Delano II 56,477.60 14,119.40 14,119.40 14,119.40 14,119.40 2/21/2038 77.91 686.39 Bervel II 53,476.87 13,369.22 13,369.22 13,369.22 13,369.22 27,488.62 27,488.62 27,488.62 27,488.62 109,954 16
254.42 226.43 Delano II 57,607.15 14,401.79 14,401.79 14,401.79 14,401.79 2/21/2039 77.91 700.12 Bervel II 54,546.40 13,636.60 13,636.60 13,636.60 13,636.60 28,038.39 28,038.39 28,038.39 28,038.39 112,154 17
254.42 230.95 Delano II 58,759.29 14,689.82 14,689.82 14,689.82 14,689.82 2/21/2040 77.91 714.12 Bervel II 55,637.33 13,909.33 13,909.33 13,909.33 13,909.33 28,599.16 28,599.16 28,599.16 28,599.16 114,397 18
254.42 235.57 Delano II 59,934.48 14,983.62 14,983.62 14,983.62 14,983.62 2/20/2041 77.91 728.41 Bervel II 56,750.08 14,187.52 14,187.52 14,187.52 14,187.52 29,171.14 29,171.14 29,171.14 29,171.14 116,685 19
254.42 240.28 Delano II 61,133.17 15,283.29 15,283.29 15,283.29 15,283.29 2/21/2042 77.91 742.97 Bervel II 57,885.08 14,471.27 14,471.27 14,471.27 14,471.27 29,754.56 29,754.56 29,754.56 29,754.56 119,018 20
Total = 572,207
ALFALFA ACRES
Beginning Ending
Alfalfa
Acres
Rent per
Acre per
year, $ Farm Site
Rent per
Year, $ 1-Mar 1-Jun 1-Sep 1-Dec
Annual
Revenue, $ Year
300.75 245.09 Delano II 73,710.86 18,427.71 18,427.71 18,427.71 18,427.71 2/21/2038 121.00 757.83 Bervel II 91,697.81 22,924.45 22,924.45 22,924.45 22,924.45 41,352.17 41,352.17 41,352.17 41,352.17 165,409 16
300.75 249.99 Delano II 75,185.07 18,796.27 18,796.27 18,796.27 18,796.27 2/21/2039 121.00 772.99 Bervel II 93,531.77 23,382.94 23,382.94 23,382.94 23,382.94 42,179.21 42,179.21 42,179.21 42,179.21 168,717 17
300.75 254.99 Delano II 76,688.78 19,172.19 19,172.19 19,172.19 19,172.19 2/21/2040 121.00 788.45 Bervel II 95,402.41 23,850.60 23,850.60 23,850.60 23,850.60 43,022.80 43,022.80 43,022.80 43,022.80 172,091 18
300.75 260.09 Delano II 78,222.55 19,555.64 19,555.64 19,555.64 19,555.64 2/20/2041 121.00 804.22 Bervel II 97,310.45 24,327.61 24,327.61 24,327.61 24,327.61 43,883.25 43,883.25 43,883.25 43,883.25 175,533 19
300.75 265.29 Delano II 79,787.00 19,946.75 19,946.75 19,946.75 19,946.75 2/21/2042 121.00 820.30 Bervel II 99,256.66 24,814.17 24,814.17 24,814.17 24,814.17 44,760.92 44,760.92 44,760.92 44,760.92 179,044 20
Total = 860,793
Crop Year
Crop Year
2/22/2041
Rent Due by Quarter, $
2/22/2037
Rent Due by Quarter, $
2/22/2037
2/22/2038
2/22/2039
2/22/2040
2/22/2038
2/22/2039
2/22/2040
2/22/2041
Amendment No. 4 Ag #2012-119 EXHIBIT B 4 of 5
Projected Revenue During the Life of the Agreement
Almond Acres Alfalfa Acres
Extended
Value
$ 1,554,411 $ 1,105,518 $ 2,659,929
$ 469,409 $ 706,150 $ 1,175,560
$ 572,207 $ 860,793 $ 1,433,001
Total = $ 5,268,490
Notes:
10-Year Year Base (2/22/2022 to 2/21/2032)
3. Two options to extend with five years duration each shall be available. Extension one starts 2/22/2032 and at five years thereafter.
1. Amendment No. 4 (Delano II + Bervel II) extends and modifies the term stipulated in Amendment No. 3. Ending date is 2/21/2032.
2. Rent for the 121 acres alfalfa and the 77.91 acres of almonds (Bervel II) shall remain at $500 per acre per year for the first five years. On the sixth year (Crop year 2027), a price escalator of 2% shall kick-in and will apply every year thereafter up to the end of the contract.
Extension 2 (2/22/2037 to 2/21/2042)
Extension 1 (2/22/2032 to 2/21/2037)
Amendment No. 4 Ag #2012-119 EXHIBIT B 5 of 5
da
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award the Contract for the “2022 Water Meter Contract Installer Project” to Brough Construction, Inc. from Arroyo Grande in the amount of $713,000.00 and authorize the City Manager to sign the construction contract.
Recommendation:
Award the Contract for the “2022 Water Meter Contract Installer Project” to Brough Construction, Inc. from Arroyo Grande in the amount of $713,000.00 and authorize the City Manager to sign the construction contract.
Discussion:
The City of Delano has been installing water meters on all unmetered properties in its service area, in accordance with California Assembly Bill 2572, which requires the installation and use of water meters throughout the State. AB 2572 was signed into law by Governor Schwarzenegger in September 2004 to reduce water-waste and encourage conservation. All remaining unmetered residential and commercial customers are currently charged a flat-rate fee for water regardless of how much water they use, which is roughly 12% of all services.
The project consists of replacing 800 residential water meter services, labor only, with City provided material to include new meters and meter interface units, replacement of meter boxes and lids, replacement of water service lateral from the main line to the meter, and the reconnection to the existing service.
Bids were opened on February 1, 2022, and the City received five (5) bids.
Contractor Total Base Bid Amount
Brough Construction $713,000.00
JM Pipeline $720,000.00
Lyles Utility Co. $785,900.00
West Valley Construction $799,800.00
Unified Field Services Corporation $990,000.00
As specified in the bid notice and schedule, the award is based on the lowest Total Base Bid Amount. Staff has checked the bids and verified that the low bid, submitted Brough Construction, Inc. is complete and fulfills contract requirements.
Fiscal Impact:
A contingency of $87,000 (12%) is requested, bringing the total possible project cost to $800,000.00 from ARPA Fund 08. Funds allocated from the next fiscal year will be used to complete and supplement this project with any needed amount up to the approved budget. This approval authorizes the City Manager to execute change orders within the above budgeted contingency amount as needed. The account number to be used for this project is 08-90AY-108.
Attach: Bid Tabulations
CITY OF DELANO Brough Construction JM PIPELINE CONSTRUCTION, INC. Lyles Utility Co. West Valley Construction Unified Field Services 1015 Eleventh Avenue 634 Printz Road 8200 Stockdale Hwy Ste M-10 #366 2314 Persius Court PO Box 5639 6906 Downing Avenue Delano, CA 93215 Arroyo Grande, CA 93420 Bakersfield, CA 93311 Fresno, CA 93308 San Jose, CA 95150 Bakersfield, CA 93308 (661) 721-3300 805.489.7779 (661) 535-5082 559.651.1450 408.371.5510 661.858.8223 PROJECT: 2022 Water Meter Project
Bid Date: 2/1/2022, 2:00 pm Lic. 851220 Lic. 1030978 Lic. 981146 Lic. 174968 Lic. 1009928 ITEM EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO UNIT ITEM QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 L.S. Mobilization, Demobilization,
Bonds and Permits 1 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ 20,000.00 $ 11,500.00 $ 11,500.00 $ 15,000.00 $ 15,000.00 $ 18,984.00 $ 18,984.00 800 EA.
Furnish and Install Reinforced
Commercial Concrete Driveways at
the Alley, including AC patch back,
Truncated Domes, Traffic Control,
saw cutting, AC removal, AC
disposal, aggregate base material,
asphalt paving, complete and in
place 800 $ 880.00 $ 704,000.00 $ 875.00 $ 700,000.00 $ 968.00 $ 774,400.00 $ 981.00 $ 784,800.00 $ 1,214.00 $ 971,200.00 TOTAL BASE BID #REF! $ 713,000.00 $ 720,000.00 $ 785,900.00 $ 799,800.00 $ 990,184.00 BID SIGNED? YES YES YES YES YES
BID SECURITY ENCLOSED? YES YES YES YES YES
Addendum No. 01
Addendum No. 02 YES YES YES YES YES
NONE
YES YES
NONE
YES
NONE
YES
Sub-Contractors Listed NONE NONE
YES
City of Delano Engineering Dept. Page 1 of 1
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: LEASE AGREEMENT BETWEEN THE CITY OF DELANO (“CITY”) AND HANZEL J. AGBAYANI (“TENANT”) FOR HANGER H-8 AT THE DELANO
MUNICIPAL AIRPORT
Recommendation
Approve the attached agreement.
Discussion
Tenant is in need of a hangar to store his airplane at the Delano airport. A Clover Leaf Hangar (H-8) has become available and is ready for occupancy. This is a month–to–month lease subject to termination by either party.
The rental for is $129.89 per month. On the first year, the annual revenue to the airport is in the amount of $1,558,68.00. Annually at the anniversary of the agreement, the rental rate is subject to adjustment based upon a two percent (2%) inflation escalator. The rental rate recommended is agreeable with the Tenant and is consistent with other leases at the airport.
Budget Impact
This lease will result in a first-year revenue of $1,558,68.00. with annual adjustments at the agreement’s anniversary based upon a two percent (2%) inflation escalator.
Attachment: Agreement
1 Agreement No. 2022-
DELANO MUNICIPAL AIRPORT RENTAL AGREEMENT
THIS RENTAL AGREEMENT (“Lease”) executed at Delano, California this 22nd day of February 2022 by and between the CITY OF DELANO ("City"), a political subdivision of the State of California, herein referred to as “Lessor” and HANZEL J. AGBAYANI hereinafter referred to as "Tenant".
WHEREAS, City is the owner of certain real property located in the City of Delano, County of Kern, State of California, commonly known as 1212 Airport Drive (the “Property”); and WHEREAS the property is controlled and operated by the City as the Delano Municipal Airport and is improved with a building that is used for storing aircraft (“Premises”); and WHEREAS, Tenant desires to lease one space for use as hangar for aviation purposes only. The Premises is commonly referred to as Cloverleaf Hangar H-8.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties agree as follows:
1. Term: The term of this lease shall commence on March 1, 2022 and shall continue thereafter on a month-to-month tenancy until terminated pursuant to Section 17 of this Lease.
2. Rent: Tenant agrees to pay City for the use and occupancy of the Premises, also commonly known as Cloverleaf Hangar H-8, a monthly sum of One hundred twentynine dollars and eighty-nine cents ($129.89) in advance on the 1st day of each month payable to the City of Delano, Finance Department, P.O. Box 3010, Delano, California, 93216-3010. On the anniversary of the Lease, rent will be adjusted based on a two percent (2%) inflation escalator. Rent shall be paid in accordance with the Payment schedule, Table 1. The payment schedule serves as reminder that payment is due on the indicated date. The City will not send Tenant monthly bills. Any and all rents paid after the due date stated on the payment schedule shall be considered delinquent and assessed a late fee of $25.00 each and every month until such rents are paid in full.
Tenant shall further be responsible for and shall pay to City any and all additional costs including staff and attorney fees and charges incurred by City to collect such rents from Tenant.
2 Table 1
3. Possessory Interest. Tenant is hereby notified pursuant to Section 107 .6(b) of the Revenue and Taxation Code that when a public lessor, such as the City of Delano, enters into a written contract with a private party a possessory interest subject to property taxation may be created, and the property taxes levied on the possessory interest shall be the responsibility of the Tenant.
4. Use of Premises: The Premises shall be used for general aircraft storage by Tenant and for no other use or uses without the express written consent of the Airport Manager.
5. “AS-IS” Lease: Tenant acknowledges that it has inspected the Premises and Tenant warrants and agrees that it is thoroughly familiar with the Premises and all aspects thereof, including, without limitation, the physical condition of the Premises, the zoning of the Premises and all other restrictions and limitations applicable to the Premises (whether or not of public record). Tenant acknowledges and agrees that the Premises are satisfactory to Tenant in all respects. Tenant agrees that neither the City nor anyone acting on the City’s behalf has made any representation or warranty of any kind or nature whatsoever respecting the condition of the Premises, their suitability for Tenant’s use, or any other matter relating to the Premises (including, but not limited to, the environmental condition of the Premises) or this Lease, and Tenant agrees that it is leasing the Premises in their “AS-IS CONDITION AND WITH ALL FAULTS”.
6. Tenant’s Property: All trade fixtures, equipment and personal property of Tenant located at the Premises will remain the property of Tenant during the term of this Lease and may be removed by Tenant at any time and shall be removed by Tenant prior to the termination of the term of this Lease. Tenant, at Tenant’s cost and expense, must promptly repair all damage to the Premises occasioned by the removal of its trade fixtures, equipment, and personal property.
3 7. Alterations: Tenant agrees that it will not make any alterations or improvements to the Building or Premises, or any portion of the Building or Premises, without the City’s prior written consent, which will not be unreasonably withheld; provided, that if the alterations or additions would affect the structural portions of the Premises, including, without limitation, the exterior or interior load-bearing walls, the foundation or the roof of the Premises, City shall be under no obligation to give its consent. If City consents to the making of any alterations or improvements, Tenant agrees that such alterations or improvements will be made in strict compliance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, will be performed in a good and workmanlike manner, and will be made in compliance with such other conditions, including, without limitation, the obtaining of performance and completion bonds, as City may require in connection with the granting of its consent. Tenant agrees that it will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics’ or material men’s lien against the Premises or any interest therein. All alterations and improvements made by Tenant shall, at City’s option and at Tenant’s sole cost and expense, be removed from the Premises at the end of the term of this Lease and the Premises restored to their condition prior to the making of such alterations or improvements.
8. Maintenance and Repairs: Tenant agrees that it will, at its sole cost and expense, maintain the Premises and all portions thereof, in a good, clean, and safe condition and state of repair, including the making of all necessary repairs or replacements due to normal wear and tear and use of the Premises. Tenant agrees that Tenant is solely responsible for the use, maintenance, security, protection and insuring of its equipment, materials, and other property, and that of its employees, servants and contractors, located on or about the Premises. Tenant agrees that City will have no liability of any kind or nature respecting any loss or theft of, or damage to, any such equipment, materials or other property.
9. City Entry: City and its authorized representatives shall have the right upon two (2) business days’ written notice to Tenant to enter all portions of the Premises for any of the following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) to inspect the Premises; (c) in connection with City’s design and construction planning respecting City’s future use of the Premises; and (d) to post notices of nonresponsibility. Notwithstanding the foregoing to the contrary, City and its authorized representatives shall have the right to enter the Premises at any time, and without notice to Tenant, where an emergency situation necessitates such entry. No exercise by City of its rights under this Section shall entitle Tenant to any damages for any injury or inconvenience occasioned thereby or to any abatement of rent or other amounts payable under this Lease.
10.Utilities: City agrees to pay for all water, sewer, gas, heat, light, power, and refuse removal. It is agreed that City is not liable for any failure or interruption of any utility or service, and the failure or interruption of any utility or service will not entitle Tenant to terminate this Lease or stop making any rental or other payments due under this Lease. Tenant shall be solely responsible for any other utility services including but 4 not limited to telephone, internet, and cable or satellite television.
11.Amendments: No term or provision of this Lease may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of both the City and Tenant. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument affecting the same.
12.No Assignment or Subletting: Tenant may not sublease or assign this Lease or sublet or assign the rights to all or any part of the Premises nor permit the occupancy thereof by any other person or entity without the express written consent of City of Delano City Council. Consent may be withheld in City’s sole discretion.
13.Access to Premises: Access cards will be issued to the Tenant to gain access inside the premises. A non-refundable fee of $25.00 is required prior to issuance of new or lost access card to defray administrative costs. This amount is payable to the City Finance Department, located at 1015 11th Avenue, Delano, CA 93215.
It is the Tenant’s responsibility to report all lost/stolen access cards and return the same to the City of Delano or security department of employment upon termination of this lease agreement.
14.Indemnity: Tenant shall indemnify and hold harmless the City of Delano and its officers, officials, employees and volunteers from and against all claims, damages, losses and expense including attorney fees arising out of the performance of the work or by reason of the death or injury of any person, including Tenant, or by reason of damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant.
15.Insurance Requirements for Tenant (No Auto Risks): Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use of the leased premises as more particularly described in Exhibit A. The cost of such insurance shall be borne by the Tenant.
16.Default: The occurrence of any one or more of the following shall constitute a default by Tenant:
a. Vacation or abandonment of the Premises by Tenant.
b. Failure by Tenant to make payment of rent or any other payments required to be made by Tenant hereunder as and when due.
c. Failure by Tenant to observe or perform any of the covenants or provisions of this Lease when such failure continues for a period of 30 days after written notice of such failure is given by City to Tenant; provided, that if the nature of Tenant's failure is such that more than 30 days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. 5 In the event of any default on the part of the Tenant, City shall have the right to exercise any other right or remedy that it has, according to law, and, in addition, City may resume possession of the Premises; but the Tenant shall nevertheless be liable to the City for any rental payments provided for herein for the remaining portion of the Term and all expenses, including court costs, attorney fees' and related costs occasioned by the default of the Tenant.
17.Termination: Either City or Tenant may terminate this Lease without cause upon thirty (30) days written notice to the other party.
18.Surrender of Premises: Upon the expiration or other termination of the term of this Lease, Tenant agrees to surrender possession of the Premises, and every party thereof, to City in good order, condition and repair, ordinary wear and tear alone excepted. “Ordinary wear and tear” does not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease.
19.Notice: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to, be served and given or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to either party of this lease when deposited in the United States mail, first-class postage prepaid, addressed to:
Tenant: Hanzel J. Agbayani
12207 Sundance Canyon Drive
Bakersfield, CA 93312
(661) 501-3161
[email protected]
City: City of Delano
Attn: Airport Manager
1212 Airport Drive
Delano, CA 93215
Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph.
Note: Correspondence by email is acceptable as well. All attached documents shall be in pdf.
20.Attorney's Fees: If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court.
21.Binding on Heirs and Successors: This lease shall be binding on and shall insure the benefit of the heirs, executors, administrators, successors, and assigns of the 6 parties hereto, but nothing in this paragraph shall be construed as consent by City to any assignment of this lease or any interest therein by Tenant.
22.Waiver: The acceptance by City of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Lease by Tenant shall not be construed as a waiver of any such breach. The acceptance at any time or times by City of any sum less than that which is required to be paid by Tenant shall, unless City specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing transmitting the same.
23.Severability: Any provision of this Lease that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease.
24.Sole and Only Agreement: This Lease and all exhibits attached hereto constitutes the entire agreement of the City and Tenant with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements (whether written or verbal) with respect to that subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
APPROVED BY CITY:
_________________________ ________________________
Maribel Reyna, City Manager Date
APPROVED BY TENANT:
_________________________ ________________________
Hanzel J. Agbayani Date
ATTEST:
_________________________ _________________________
Ricardo Chavez, City Clerk Date
APPROVED AS TO FORM:
__________________________ _________________________
Rachel Richman, City Attorney Date
7 EXHIBIT A
Insurance
I. Minimum Scope of Insurance Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for Tenant with employees).
C. Property insurance against all risks of loss to any tenant improvements or betterments.
II. Minimum Limits of Insurance
Tenant shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Property Insurance: Full replacement cost with no coinsurance penalty provision.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Tenant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
8 IV. Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant.
2. The Tenant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Tenant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
V. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
VI. Verification of Coverage
Tenant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before occupancy by the Tenant. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 16
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: LEASE AGREEMENT BETWEEN THE CITY OF DELANO (“CITY”) AND PAUL BRUNNER (“TENANT”) FOR HANGER H-9 AT THE DELANO
MUNICIPAL AIRPORT
Recommendation
Approve the attached agreement.
Discussion
Tenant is in need of a hangar to store his airplane at the Delano airport. A Clover Leaf Hangar (H-9) has become available and is ready for occupancy. This is a month–to–month lease subject to termination by either party.
The rental for is $129.89 per month. On the first year, the annual revenue to the airport is in the amount of $1,558,68.00. Annually at the anniversary of the agreement, the rental rate is subject to adjustment based upon a two percent (2%) inflation escalator. The rental rate recommended is agreeable with the Tenant and is consistent with other leases at the airport.
Budget Impact
This lease will result in a first-year revenue of $1,558,68.00, with annual adjustments at the agreement’s anniversary based upon a two percent (2%) inflation escalator.
Attachment: Agreement
1 Agreement No. 2022-
DELANO MUNICIPAL AIRPORT RENTAL AGREEMENT
THIS RENTAL AGREEMENT (“Lease”) executed at Delano, California this 22nd day of February 2022 by and between the CITY OF DELANO ("City"), a political subdivision of the State of California, herein referred to as “Lessor” and PAUL BRUNNER hereinafter referred to as "Tenant".
WHEREAS, City is the owner of certain real property located in the City of Delano, County of Kern, State of California, commonly known as 1212 Airport Drive (the “Property”); and WHEREAS the property is controlled and operated by the City as the Delano Municipal Airport and is improved with a building that is used for storing aircraft (“Premises”); and WHEREAS, Tenant desires to lease one space for use as hangar for aviation purposes only. The Premises is commonly referred to as Cloverleaf Hangar H-9.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties agree as follows:
1. Term: The term of this lease shall commence on March 1st, 2022 and shall continue thereafter on a month-to-month tenancy until terminated pursuant to Section 17 of this Lease.
2. Rent: Tenant agrees to pay City for the use and occupancy of the Premises, also commonly known as Cloverleaf Hangar H-9, a monthly sum of One hundred twentynine dollars and eighty-nine cents ($129.89) in advance on the 1st day of each month payable to the City of Delano, Finance Department, P.O. Box 3010, Delano, California, 93216-3010. On the annual anniversary of the Lease, rent will be adjusted based on a two percent (2%) inflation escalator. Rent shall be paid in accordance with the Payment schedule, Table 1. The payment schedule serves as reminder that payment is due on the indicated date. The City will not send Tenant monthly bills. Any and all rents paid after the due date stated on the payment schedule shall be considered delinquent and assessed a late fee of $25.00 each and every month until such rents are paid in full. Tenant shall further be responsible for and shall pay to City any and all additional costs including staff and attorney fees and charges incurred by City to collect such rents from Tenant.
2 Table 1
3. Possessory Interest. Tenant is hereby notified pursuant to Section 107 .6(b) of the Revenue and Taxation Code that when a public lessor, such as the City of Delano, enters into a written contract with a private party a possessory interest subject to property taxation may be created, and the property taxes levied on the possessory interest shall be the responsibility of the Tenant.
4. Use of Premises: The Premises shall be used for general aircraft storage by Tenant and for no other use or uses without the express written consent of the Airport Manager.
5. “AS-IS” Lease: Tenant acknowledges that it has inspected the Premises and Tenant warrants and agrees that it is thoroughly familiar with the Premises and all aspects thereof, including, without limitation, the physical condition of the Premises, the zoning of the Premises and all other restrictions and limitations applicable to the Premises (whether or not of public record). Tenant acknowledges and agrees that the Premises are satisfactory to Tenant in all respects. Tenant agrees that neither the City nor anyone acting on the City’s behalf has made any representation or warranty of any kind or nature whatsoever respecting the condition of the Premises, their suitability for Tenant’s use, or any other matter relating to the Premises (including, but not limited to, the environmental condition of the Premises) or this Lease, and Tenant agrees that it is leasing the Premises in their “AS-IS CONDITION AND WITH ALL FAULTS”.
6. Tenant’s Property: All trade fixtures, equipment and personal property of Tenant located at the Premises will remain the property of Tenant during the term of this Lease and may be removed by Tenant at any time and shall be removed by Tenant prior to the termination of the term of this Lease. Tenant, at Tenant’s cost and expense, must promptly repair all damage to the Premises occasioned by the removal of its trade fixtures, equipment and personal property.
3 7. Alterations: Tenant agrees that it will not make any alterations or improvements to the Building or Premises, or any portion of the Building or Premises, without the City’s prior written consent, which will not be unreasonably withheld; provided, that if the alterations or additions would affect the structural portions of the Premises, including, without limitation, the exterior or interior load-bearing walls, the foundation or the roof of the Premises, City shall be under no obligation to give its consent. If City consents to the making of any alterations or improvements, Tenant agrees that such alterations or improvements will be made in strict compliance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, will be performed in a good and workmanlike manner, and will be made in compliance with such other conditions, including, without limitation, the obtaining of performance and completion bonds, as City may require in connection with the granting of its consent. Tenant agrees that it will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics’ or material men’s lien against the Premises or any interest therein. All alterations and improvements made by Tenant shall, at City’s option and at Tenant’s sole cost and expense, be removed from the Premises at the end of the term of this Lease and the Premises restored to their condition prior to the making of such alterations or improvements.
8. Maintenance and Repairs: Tenant agrees that it will, at its sole cost and expense, maintain the Premises and all portions thereof, in a good, clean and safe condition and state of repair, including the making of all necessary repairs or replacements due to normal wear and tear and use of the Premises. Tenant agrees that Tenant is solely responsible for the use, maintenance, security, protection and insuring of its equipment, materials and other property, and that of its employees, servants and contractors, located on or about the Premises. Tenant agrees that City will have no liability of any kind or nature respecting any loss or theft of, or damage to, any such equipment, materials or other property.
9. City Entry: City and its authorized representatives shall have the right upon two (2) business days’ written notice to Tenant to enter all portions of the Premises for any of the following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) to inspect the Premises; (c) in connection with City’s design and construction planning respecting City’s future use of the Premises; and (d) to post notices of nonresponsibility. Notwithstanding the foregoing to the contrary, City and its authorized representatives shall have the right to enter the Premises at any time, and without notice to Tenant, where an emergency situation necessitates such entry. No exercise by City of its rights under this Section shall entitle Tenant to any damages for any injury or inconvenience occasioned thereby or to any abatement of rent or other amounts payable under this Lease.
10.Utilities: City agrees to pay for all water, sewer, gas, heat, light, power, and refuse removal. It is agreed that City is not liable for any failure or interruption of any utility or service, and the failure or interruption of any utility or service will not entitle Tenant to terminate this Lease or stop making any rental or other payments due under this Lease. Tenant shall be solely responsible for any other utility services including but 4 not limited to telephone, internet, and cable or satellite television.
11.Amendments: No term or provision of this Lease may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of both the City and Tenant. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument affecting the same.
12.No Assignment or Subletting: Tenant may not sublease or assign this Lease or sublet or assign the rights to all or any part of the Premises nor permit the occupancy thereof by any other person or entity without the express written consent of City of Delano City Council. Consent may be withheld in City’s sole discretion.
13.Access to Premises: Access cards will be issued to the Tenant to gain access inside the premises. A non-refundable fee of $25.00 is required prior to issuance of new or lost access card to defray administrative costs. This amount is payable to the City Finance Department, located at 1015 11th Avenue, Delano, CA 93215.
It is the Tenant’s responsibility to report all lost/stolen access cards and return the same to the City of Delano or security department of employment upon termination of this lease agreement.
14.Indemnity: Tenant shall indemnify and hold harmless the City of Delano and its officers, officials, employees and volunteers from and against all claims, damages, losses and expense including attorney fees arising out of the performance of the work or by reason of the death or injury of any person, including Tenant, or by reason of damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant.
15.Insurance Requirements for Tenant (No Auto Risks): Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use of the leased premises as more particularly described in Exhibit A. The cost of such insurance shall be borne by the Tenant.
16.Default: The occurrence of any one or more of the following shall constitute a default by Tenant:
a. Vacation or abandonment of the Premises by Tenant.
b. Failure by Tenant to make payment of rent or any other payments required to be made by Tenant hereunder as and when due.
c. Failure by Tenant to observe or perform any of the covenants or provisions of this Lease when such failure continues for a period of 30 days after written notice of such failure is given by City to Tenant; provided, that if the nature of Tenant's failure is such that more than 30 days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. 5 In the event of any default on the part of the Tenant, City shall have the right to exercise any other right or remedy that it has, according to law, and, in addition, City may resume possession of the Premises; but the Tenant shall nevertheless be liable to the City for any rental payments provided for herein for the remaining portion of the Term and all expenses, including court costs, attorney fees' and related costs occasioned by the default of the Tenant.
17.Termination: Either City or Tenant may terminate this Lease without cause upon thirty (30) days written notice to the other party.
18.Surrender of Premises: Upon the expiration or other termination of the term of this Lease, Tenant agrees to surrender possession of the Premises, and every party thereof, to City in good order, condition and repair, ordinary wear and tear alone excepted. “Ordinary wear and tear” does not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease.
19.Notice: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to, be served and given or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to either party of this lease when deposited in the United States mail, first-class postage prepaid, addressed to:
Tenant: Paul Brunner
280 Pacific Way
Muir Beach, CA 94965
(415) 819-0668
[email protected]
City: City of Delano
Attn: Airport Manager
1212 Airport Drive
Delano, CA 93215
Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph.
Note: Correspondence by email is acceptable as well. All attached documents shall be in pdf.
20.Attorney's Fees: If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court.
21.Binding on Heirs and Successors: This lease shall be binding on and shall insure the benefit of the heirs, executors, administrators, successors, and assigns of the 6 parties hereto, but nothing in this paragraph shall be construed as consent by City to any assignment of this lease or any interest therein by Tenant.
22.Waiver: The acceptance by City of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Lease by Tenant shall not be construed as a waiver of any such breach. The acceptance at any time or times by City of any sum less than that which is required to be paid by Tenant shall, unless City specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing transmitting the same.
23.Severability: Any provision of this Lease that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease.
24.Sole and Only Agreement: This Lease and all exhibits attached hereto constitutes the entire agreement of the City and Tenant with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements (whether written or verbal) with respect to that subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
APPROVED BY CITY:
_________________________ ________________________
Maribel Reyna, City Manager Date
APPROVED BY TENANT:
_________________________ ________________________
Paul Brunner Date
ATTEST:
_________________________ _________________________
Ricardo Chavez, City Clerk Date
APPROVED AS TO FORM:
__________________________ _________________________
Rachel Richman, City Attorney Date
7 EXHIBIT A
Insurance
I. Minimum Scope of Insurance Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for Tenant with employees).
C. Property insurance against all risks of loss to any tenant improvements or betterments.
II. Minimum Limits of Insurance
Tenant shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Property Insurance: Full replacement cost with no coinsurance penalty provision.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Tenant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
8 IV. Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant.
2. The Tenant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Tenant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
V. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
VI. Verification of Coverage
Tenant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before occupancy by the Tenant. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 17
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Zamora, Transportation Manager
SUBJECT: Approve the memorandum of understanding between the City of Delano Transportation Department and Omni Family Health Clinic to provide Dial-a Ride Services to transport their clients.
Recommendation
Staff recommends that the City Council of the City of Delano to approve the Memorandum of Understanding with the City of Delano Transportation Department and Omni Family Health to provide Dial-A-Ride services to transport their clients.
Discussion
Transit Staff has been working with Omni Family Health Clinic to provide DAR transportation to their clients. The City of Delano Transportation (DART) will provide dial-a-ride services to Omni’s patients at Omni’s Clinics, in accordance with the terms, rules, procedures, and costs referenced in this MOU.
Transit Staff will foster a cooperative and mutually beneficial working relationship between noted agencies for the provision of comprehensive, effective, and coordinated transit services on behalf within the City of Delano and the adjacent unincorporated area of the County.
Budget Impact
There is no budget impact.
Attachments
1 - Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
CITY OF DELANO TRANSPORTATION SERVICES AND THE OMNI FAMILY HEALTH This Memorandum of Understanding (“MOU”) is made and effective on __February 07, 2022, by and between City of Delano (“City”), and Omni Family Health, a California nonprofit corporation (“Omni”).
I. RECITALS
a. The City’s Transportation Services Department operates the Delano Area Rapid Transit (“DART”), which is a public transit system consisting of a fixed route and dial-a-ride systems. The DART’s purpose is to provide transportation for the citizens of Delano and the immediate county area near Delano. b. Omni is a network of health centers located throughout Kern County, California.
Omni has three health centers located in the City, at 912 Fremont Street, 1215 Jefferson Street, and 1001 Main Street (collectively, “Clinics”). c. Omni wishes to obtain paratransit, dial-a-ride transportation services from the City through DART, for transportation of its patients, according to the terms outlined in this MOU.
II. TERM OF MOU
This MOU is effective upon the signature and approval of both parties, and will terminate on February 6, 2024. Unless it is amended, extended, or otherwise terminated under the terms of this MOU.
III. RESPONSIBILITIES OF OMNI
a. Compliance with Dial-A-Ride Procedures: Omni will certify that each rider for whom Omni arranges dial-a-ride services is eligible and certified to use such services (ADA and Senior Adults who are 61 and older). Omni will also follow the rules and procedures established by DART for dial-a-ride services. A copy of the certification application, rules, and procedures, is attached as Exhibit A.
b. Payment for Services: Omni is responsible for payment of the dial-a-ride services requested by Omni, no later than 30 days after the date of the invoice from the City. If there is a dispute about the amount of the invoice, Omni must pay in advance but may obtain a refund after resolution of the dispute with the City.
c. Cost for Services: Omni agrees to pay $3.00 for such services rendered to each ADA rider and seniors 61 and older; who lives within the Delano City limits and County Area.
Omni further agrees to pay $4.00 for such services rendered to each rider who is not ADA who live outside of the City limits but within Kern County.
DocuSign Envelope ID: 0A4A6B2B-4F59-4071-9CEA-BD97D098C25B DocuSign Envelope ID: D5E281AB-947E-4BC4-8013-4EADC360271C IV. RESPONSIBILITIES OF CITY
City will provide dial-a-ride services to Omni’s patients at Omni’s Clinics, in accordance with the terms, rules, procedures, and costs referenced in this MOU.
V. INDEMNIFICATION
Omni must indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City and its officers, officials, employees, agents and volunteers from and against any and liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs of litigation) (collectively “Liability”) of every nature arising out of, in connection with, or failure to comply with, any of its obligations contained in this MOU, except such Liability caused by the sole negligence or willful misconduct of CITY.
VI. TERMINATION
This MOU may be terminated in whole or in part, for convenience and without cause, by either party, by giving the other party at least 30 days written notice of the intent to terminate. If the MOU is terminated, Omni must pay City for all unpaid services up to the date of termination.
VII. APPLICABLE LAW
This MOU will be construed and enforced pursuant to the laws of the State of California. Any suits brought under this MOU must be filed in a Superior Court of the State of California with venue in Kern County.
VIII. MODIFICATIONS
No changes, amendments, or alterations to this MOU will be effective unless in writing, and signed and approved by both parties.
IX. NOTICE
All notices must be made by certified U.S. mail, postage prepaid, return receipt requested, or hand-delivered, addressed as follows:
CITY: City Manager
1015 Eleventh Avenue
Delano, CA 93216
OMNI: 4900 California Ave, Suite 400B
Bakersfield, CA 93309
Service of such notices will be deemed complete on the date of deposit in the U.S. Mail or handdelivered.
X. COUNTERPARTS
This MOU may be executed simultaneously or in counterparts, and if so executed, each of the counterparts will be deemed to be an original, but all such counterparts will constitute one and DocuSign Envelope ID: 0A4A6B2B-4F59-4071-9CEA-BD97D098C25B DocuSign Envelope ID: D5E281AB-947E-4BC4-8013-4EADC360271C the same document.
XI. AUTHORITY TO SIGN
Each person whose signature appears below represents and warrants that he/she is authorized to enter into this MOU on behalf of the party for whom his/her signature appears and that he/she can bind such party to the terms and conditions of this MOU.
XII. ENTIRE MOU
This MOU, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Omni and City before the execution of this MOU.
IN WITNESS WHEREOF, the parties have executed this MOU on the date and year firstabove written.
CITY OF DELANO
By:
City Manager
ATTEST:
__________________________________
City Clerk
OMNI FAMILYHEALTH, INC.1
By:
Title__________________________
______________________________
Print Name
By:
Title__________________________
______________________________
Print Name
1 MOU must be signed by two authorized officers of the corporation DocuSign Envelope ID: 0A4A6B2B-4F59-4071-9CEA-BD97D098C25B DocuSign Envelope ID: D5E281AB-947E-4BC4-8013-4EADC360271C Francisco L. Castillon
Chief Executive Officer
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 18
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Appointment to fill vacancy on the Planning Commission Recommendation
Staff recommends appointing one of the applicants to the vacancy on the Planning Commission.
Discussion
At the August 11, 2021 Planning Commission Meeting, Planning Commissioner Julio Guerra stated that he would be resigning from the Planning Commission due to relocating and becoming ineligible to be on the Planning Commission by no longer residing in the City of Delano’s jurisdiction. Staff did inform Mr. Guerra to provide his resignation in writing. The staff made numerous attempts by phone calls, voicemails, and emails in trying to get a written statement of resignation, but to no avail. Pursuant the City Attorney’s advice, Mr. Guerra lack of response to staff’s efforts of communication, the City of Delano gave Mr. Guerra a deadline by which he can reaffirm his resignation in writing or confirm that he still lives in the City of Delano to continue his term on the Planning Commission. Interim Community Development Director Mynk sent Mr. Guerra an email on November 23, 2021 informing him as such and allowing Mr. Guerra an opportunity for closure on the matter by December 6, 2021. Please be informed that as of Monday, December 6, 2021, Planning Commissioner Julio Guerra failed to respond, and we have now deemed his seat vacant.
Due to recent discussion by the City Council and preference of a more broadened effective effort of outreach in the community, the following efforts were made to satisfy the request and concerns of the Council’s focus on outreach. As a result, staff has published the flyer in the Bakersfield Californian, all social media platforms, posted at City Hall’s bulletin board & north/south lobby doors, as well as Eleventh Avenue Building. There were flyer distributions via vaccine clinics, utility billing mailings & food distributions. Furthermore, the flyer was translated in Spanish.
Mayor Pro Tem Vasquez requested this item to be placed on the next regularly scheduled City Council Meeting.
The City of Delano received interest from four applications for the vacancy which are hereby attached.
The Planning Commission consists of five members, appointed by the City Council, who serve a four (4) year term. Members may be appointed for an unrestricted number of terms. Current Commission Members are Terrance Monrian, Thom Casey, Carolina Leyva Barajas and Valerie Jasso Gorospe.
Attachments:
Application from Grace Vallejo
Application from Jordan Christopher Davis
Application from Joey Velasquez
Application from Frank Herrera III
RECEIVED
CITY OF DELANO JUL 2 2 2021
COMMISSION / COMMITTEE APPLICATION
CITY CLCRK'3
Name:_ CnA/iC.e. all errn Business:
Street Address: . Street Address:
City:. he Jo ^ City :
OFFICE
Telephone: Position:
Cell Phone: ^ ^ ^ y Business Telephone:
E-mail: ^rna.
I) Board / Commission / Committee for which you are applying:
Planning Commission Law Enforcement Liaison Board
Personnel Board Citizen Review Committee (Sales Tax Measure U) Employee Pension Committee Board of Appeals
Others
II) Please describe your interest in serving on the Board, Commission, or Committee. (LOJur/2/RuTf^ T/o r//-£r Lpur
ja ensa^i^. cJC.
(fUAwry op Cifr^ y-o Z?/5'L/9ajO^
III) Please describe your community participation / experience (may attach resume, awards, certificates, and/or other pertinent information):
hELAkJO P/AruA/yrs/O do/^A^/SS/L^/J DcsJ/jAAP (2/XJ/iCil OBt^r<hAjcr 2oJy^ Cog o ao,
^r/TTE P/Qi<nAJ AhViSn^Y 'h
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IV) Why do you want to serve in this capacity?
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rl^e, Com miss i rsnJ Ar^ldfZes^J/le3GLvL-. /SStJes, a 5 pkey fe^r-iatA -ho -the (jjuQiiTy &^ouLrrh d-^lo/up <^le s V) Personal references:
x.ELbr^eaHAirtz CAtieiH^s 4. EAmsE R^rrLey
y
2.E.ur>y Saias 5. e^ic. jQa.is^
3. LlrLAi<.r/AA ^OHO
Signature (/ Date updated June 2012
JD JORDAN DAVIS
[email protected] | 661-747-8286
Delano, CA 93215
PROFESSIONAL
SUMMARY
Seasoned Hospitality professional competent in keeping guest needs balanced with business targets. Highly organized in handling administrative functions, leading teams and coordinating facility services. Smooth and efficient multitasker and planner.
Poised with total commitment to guest satisfaction. Well-versed in mitigating customer dissatisfaction with prompt service and diplomatic communication.
SKILLS Problem-solving skills
Time management
Decision-making abilities
Customer service
Team liaison
WORK HISTORY Front Desk Guest Service Representative | Omni 08/2019 - 10/2020 Hotel West Side - Houston, United States
Answered multi-line phone system, responded to inquiries and transferred calls to correct departments and personnel
Welcomed each new arrival pleasantly and confirmed reservations and identification
Greeted guests at front desk and engaged in pleasant conversations while managing check-in process
Receptionist Front Desk Clerk | Omni Houston Hotel 12/2018 - 08/2019 Galleria - Houston, Texas
Worked closely with guests, some VIP or celebrity, with high degree of respect for privacy
Facilitated visitor requests for dining and tourist attractions by researching various venues and locales
Assisted other hotel personnel in various capacities including overseeing entire front desk when manager was unavailable and handling purchases at gift shop when required
Greeted daily visitors and customers upon arrival, offered assistance and answered questions to build rapport and retention
Golf Cart Attendant | Hermann Park Golf Course - 07/2018 - 12/2019 Houston, TX
Maximized customer service and satisfaction by providing directions to visitors regarding requested locations, events and landmarks Delivered information to visitors, including details of interest about facility, rules, policies and promotional events
Provided excellent service to guests and employees
EDUCATION St Michael's Learing Academy , Houston Texas 07/2018 High School Diploma:
RECOMMENDATI
ONS
“ Jordan is a great team player; always positive and motivating the team! He has strong guest service skills and exceeds our guests' expectations through genuine interactions. His pride in our hotel, our brand and his ability to deliver quality experiences for our guests makes him a great member of any team.”
Gayla Guyse
General Manager, Omni Houston Hotel
.................................................................................................................... “Jordan Davis is a great example of the incredible energy that can be brought to problem solving from our high school students. He is articulate and passionate in his beliefs. He has a strong work ethic and is loyal to his beliefs. I recommend him for any position where he can continue to further his skills. He has much to contribute!”
Bena Kallick
Co-Director
Institute for Habits of Mind
........................................................................................................ “Jordan is a natural leader with great empathy and a passion for justice. He has experienced many challenges in his life and met them with amazing resiliency and grace. He deeply cares for his community and is a talented scholar who inspires and empowers others. Jordan is wise beyond his years and would make an invaluable asset to your team.”
Juliet Stipeche
Director of Education City of Houston TX.
........................................................................................................ "Jordan Davis is a force of nature. People are drawn to him because he is gregarious and warm. He always makes others feel special, and he never seems to meet a stranger. His friendly and outgoing personality garners respect and trust. Jordan is an extraordinary human being who is poised to make a great contribution to society."
Dr. Bertie Simmons
CITY OF DELANO
COMMISSION / COMMITTEE APPLICATION
received
OCT 0 8 2021
Name: Joey Julio Velasquez
Street Address: 2032 9th Ave
City: Delano
f^iTYCLCRK's OFFICE
Business: N/A
Street Address:
City:
T elephone: 6612200306
Cell Phone:
Position:
Business Telephone:
E-mail: [email protected]
I) Board / Commission / Committee for which you are applying:
Planning Commission Law Enforcement Liaison Board
✓ Personnel Board y/ Citizen Review Committee (Sales Tax Measure U) ✓ Employee Pension Committee ✓ Board of Appeals
Others
II) Please describe your interest in serving on the Board, Commission, or Committee.
I am jooking fonvard to serving on a board to meaningfully contribute to learning,
Deing or neip, ana serving tne community or ueiano ana our uity s mission.
III) Please describe your community participation / experience (may attach resume, awards, certificates, and/or other pertinent information):
I have been involved in youth sports and other community fundraisers involving
sports tor over it> years.
IV) Why do you want to serve in this capacity?
I want to serve in this capacity so that I can learlogistics and transparency our community
V) Personal references:
1. Roden Leynes 6613314894
2. Richard Torrez 6618097308
3. Ed Zamora 6618528114
4. Dolores Rodriguez 6615862418
5. Sam Munoz 6617090921
Signati^
10/6/2021
Date updated June 2012
Joey Velasquez
2032 9th Ave
Delano, CA, 93215
(661) 220-0306
[email protected]
Dear Hiring Manager,
Thank you for the opportunity to apply for a professional role at your company. After reviewing your job description, it's clear that you're looking for a candidate that is extremely familiar with the responsibilities associated with the role and can perform them confidently. Given these requirements, I am certain that I have the necessary skills to successfully do the job adeptly and perform above expectations.
I am an adaptable college student (Bachelor of Arts in Liberal Arts) currently attending the University of Arizona. During the course of my academic career, I also managed to accrue nearly 15 years of work experience. I had the privilege of working for the State of California Department of Corrections and Rehabilitation in a correctional peace officer role in my free time, where I learned valuable professional skills such as emergency preparedness, interrogation, and safety training. In both my academic and professional life, I have been consistently praised as results-oriented by my professors and peers. Whether working on academic, extracurricular, or professional projects, I apply proven critical thinking, leadership, and teamwork skills, which I hope to leverage into the role at your company.
After reviewing my resume, I hope you will agree that I am the type of competent and competitive candidate you are looking for. I look forward to elaborating on how my specific skills and abilities will benefit your organization. Please contact me at (661) 220-0306 or via email at [email protected] to arrange a convenient meeting time.
Thank you for your consideration, and I look forward to hearing firom you soon.
Sincerely,
Joey Velasquez
JOEYVELASQUEZ
2032 9th Ave Delano, CA. 93215 (661) 220-0306 [email protected]
CAREEROBJECTI VE
Adaptable Liberal Arts major (3.01 GPA) currently attending The University of Arizona Global Campus, with 17.5+ years of work experience. Aiming to leverage a proven knowledge of training and development, human behavior and performance, and performance evaluation skills to successfully fill the role at your company. Frequently praised as results-oriented by my peers, I can be relied upon to help your company achieve its goals.
EXPERIENCE
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DELANO, CA Correctional Peace Officer, Mar 2006 - Apr 2020
Maintain order, discipline, and security within assigned areas in accordance with relevant rules, regulations, policies, and laws.
• Respond to emergencies, such as escapes.
Maintain knowledge of, comply with, and enforce all institutional policies, rules, procedures, and regulations.
Supervise and direct the work of correctional officers to ensure the safe custody, discipline, and welfare of inmates. •
Complete administrative paperwork or supervise the preparation or maintenance of records, forms, or reports. • Develop work or security procedures.
• Rate behavior of inmates, promoting acceptable attitudes and behaviors to those with low ratings.
TARGET WAREHOUSE AND DISTRIBUTION, SHAFTER , CA
Warehouseman, Aug 2002 - Feb 2006
• Receive and count stock items, and record data manually or using computer. • Pack and unpack items to be stocked on shelves in stockrooms, warehouses, or storage yards. •
Clean and maintain supplies, tools, equipment, and storage areas in order to ensure compliance with safety regulations.
Determine proper storage methods, identification, and stock location based on turnover, environmental factors, and physical capabilities of facilities.
•
Verify inventory computations by comparing them to physical counts of stock, and investigate discrepancies or adjust errors.
WAL MART STORES , BAKERSFIELD , CA
Stocking and Unloading, Jim 2002 - Jun 2004
As a Wal Mart Associate, Job duties are Stocking, backroom, & receiving associates work to ensure customers can find all of the items they have on their shopping list. Depending on the assigned shift, our job can include moving inventory in the backroom, unloading trucks, or helping customers while stocking shelves.
E D U C AT I O N
THE UNIVERSITY OF ARIZONA
TUCSON, AZ
Bachelor of Arts (B.A.) Liberal Arts Candidate (Expected graduation Sep 2022) • Relevant Coursework: English. Math, Science, Philosophy
ADDITIONALSKI LLS
• Group Management
• Competence in Educational Technology
• Knowledge in Lesson Plan Creation
CERTIFICATIONS
• Basic First Aid Certification
REFERENCES
References available upon request
CITY OF DELANO
COMMISSION / COMMITTEE APPLICATION
RECEIVED
NQV 0 8 m\
Business:
Street Address:
Name: fra*IM4
Street Address:
City:*D
Telephone:
Cell Phone:
E-mail: ^
I) Board / Commission / Committee for which you are applying:
City
Position
Busines
:
s Telephone:
CITY CLERK'S OFFICI
^ Planning Commission
Personnel Boaid
Employee Pension Committee
Othere
Law Enforcement Liaison Board
Citizen Review Committee (Sales Tax Measure U)
Board of Appeals
n) Please describe your interest in serving on the Board, Commission, or Committee. ni) Please describe your community participation / experience (may attach resume, awards, certificates, and/or other pertinent information):
% /ti
IV) Why do you want to serve in this capacity?
Uc gw
V) Personal references:
.Ml
M-.MIL a
. I I riif i L
6VC.2.
tt'S-' "Zf
Date iq>datedJune2012
Honorable Delano City Council
Mayor Bryan Osorio
Mayor Pro Tern Veronica Vasquez
Council Member Joe Allndajao
Council Member Liz Morris
Council Member Salvador Solorio Ruiz
Honorable City Manager Maribel Reyna
Honorable City Clerk Ricardo Chavez
As a life-long resident of Delano and long time political observer, my interest in the efficient, effective, and equitable functioning of local government has grown immensely. As such, 1 wish to formally present my interest in the impending Planning Commission vacancy.
It is felt my background, knowledge, skills, and abilities have best prepared me to seek this appointment. My educational background in Political Science and graduate level Public Administration provide a firm foundation broadly for the working of local government and narrowly for the work of a Planning Commissioner. Over the last twenty years as a public servant, I have applied the academic foundation to a broad range of real world problem solving in my present occupation. I have experience in analyzing, interpreting, and publishing department level policy and rules according to statute and rule making body standards. I provide managerial leadership and oversight of a division of over 20 staff who provide the department's human resources, professional standards, and training services, i have experience in project management at the department and division level. It is felt the broad range of experiences best position me as thp most suitable applicant for the Planning Commission.
All my best.
Frank Aaron Herrera
Delano Planning Commission Applicant
Frank Aaron Herrera HI
(«6D 667-3256
lieiTerafrank^bcglobal.net
Education
2000
California State University Bakersfield - Bachelor of Arts, Political Science 2004
Galifomia State University Bakersfield - Master of Public Administration Experience
NOVEMBER 2001 - PRESENT
Kem County Probation Department - Probation Division Director Under the direction of the Chief Probation Officer and Deputy Chief Probation Officer, responsible for the planning, directing, coordinating, supervision, and evaluation of the Administrative Services Division.
Probation Administrator since 2017
• Provide division level managerial leadership and oversight of the following functional areas:
Human Resources, Training, Professional Standards, Volunteer Services, Information Technology Services, and Probation Services ancillary functions. • Responsible for project planning, management, and implementation. • Responsible for Legislative analysis and dissemination of new statute and rules • Responsible for policy development and publishing
• Responsible for managing the department's response for documents as Records Custodian • Responsible for managing and coordinating the department's COVID-19 response Public Service Experience
• Past member Kern County Probation Officers Association • Past member Taft College Criminal Justice Advisory Board • Past member Henrietta Weill Child Guidance Board of Directors • Past volunteer coach Delano Little League
• Past volunteer coach Delano Bengals Youth Football
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 19
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: Establishment of a City of Delano Anti-Gang and Anti-Violence Committee
Recommendation
It is recommended that the City Council discuss and provide direction to Staff on whether to create an Anti-Gang and Anti-Violence Committee and if the Council votes to do so, to also direct staff on the scope of the Committee’s activities; who on the Council will serve on the Committee and the term; the appointment process and term for noncouncilmembers on the Committee; and other items as so determined by the Council.
Discussion
At the City Council meeting of February 7, Councilmember Alindajao asked that an item be put on the Agenda of February 22 to have the Council discuss and provide direction on the creation of an Anti-Gang and Violence Committee. Councilmember Alindajao stated he would like to have two councilmembers on the Committee as well as 5 community members. As indicated by Councilmember Alindajao, the purview of the committee would be to develop strategies to address crime in the City and report that to the Council for consideration.
The Council should also decide whether to add this committee to the Municipal Code or it can be less formal and adopted by resolution. If the Council desires to give the committee specific duties and conduct regular meeting an ordinance is more appropriate.
If the Council desires to have the committee meet as it sees necessary and to discuss matters that it finds proper and report back periodically to the Council a resolution will be sufficient. It is also recommended that the committee be subject to the Brown Act open meeting notice and agenda requirements.
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 20
To: Honorable Mayor and Members of the City Council
From: Maribel Reyna, City Manager
By: Rachel Richman, City Attorney
Christopher Mynk, Interim Community Development Director Tyson Davis, Chief of Police
Subject: Discussion regarding Ordinance to allow Cannabis uses in Delano (Mayor Osorio)
Recommendation
Direction from Council regarding potential ordinance changes to allow for various cannabis related businesses within Delano.
Background
Staff received a request to research and develop an ordinance to allow for cannabis related businesses within Delano. Currently, the Delano ordinance prohibits all cannabis business (Ordinance 2017-1296). This ordinance was passed on December 18, 2017, by a vote of 5-
0. In order to allow for new cannabis related businesses, the current ordinance would need to be rescinded and replaced with a new ordinance.
Originally referred to as the Medical Marijuana Regulation and Safety Act but renamed through subsequent amendments, the Medical Cannabis Regulation and Safety Act (MCRSA) consists of three separate bills that were enacted together in September 2015 (AB 266, AB 243, and SB 643). The bills created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. All licenses must be approved by local governments. AB 266 established a new Bureau of Medical Cannabis Regulation under the Department of Consumer Affairs. The Bureau is tasked with establishing a comprehensive internet system to track licensees and report the movement of commercial cannabis and cannabis products.
SB 643 and AB 243 establish the following responsibilities: the California Department of Food and Agriculture is responsible for regulating cultivation; the California Department of Public Health is responsible for developing standards for manufacture, testing, and production and labeling of edibles; the California Department of Pesticide Regulation is responsible for developing pesticide standards; and, the California Department of Fish and Wildlife (CDFW) and State Water Resources Control Board (SWRCB) are responsible for protecting water quality.
On November 8, 2016, California voters approved Proposition 64, the California Marijuana Legalization Initiative, or the Adult Use of Marijuana Act (AUMA). Proposition 64 legalized the personal use and cultivation of marijuana in California as of November 9, 2016. However, the sale and subsequent taxation of recreational marijuana did not go into effect until January 1, 2018. The intent of the Act was to establish a comprehensive system to legalize, control, and regulate the cultivation, procession, manufacture, distribution, testing, and sale of non-medical marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana for recreational use. Senate Bill 94, adopted in June 2017, reconciles conflicts in regulations between MCRSA and AUMA.
Between 2014-2019 there were at least three illegal marijuana dispensaries in operation within the City of Delano. The dispensaries were at 622 High Street, 926 10th Avenue, and 605 Main Street. These dispensaries supplied retail sales from storefronts for the illegal sales of marijuana and other marijuana products such as concentrated cannabis (commonly ingested via vape pen). Numerous citations, arrests and fines were generated by these three locations.
A search warrant was served at the storefront at 926 10th Ave. which resulted in the discovery of illegal marijuana and paraphernalia sales, as well as illegal controlled substances. This location generated two police reports and one arrest.
The dispensary at 622 High Street generated seven cases and received approximately 226 citations exceeding fines of approximately $111,000.
The dispensary at 605 Main Street was a location where known and suspected gang members would congregate. Several violent crimes occurred at this location. Some of the crimes reported at this location were shootings, weapons possession violations and arson.
This location generated seven police reports which resulted in two arrests.
Discussion
Staff is seeking direction from Council on various items, listed below:
1. Types of Cannabis Related Businesses. There are many types of businesses related to cannabis. Staff would like direction from Council on the types of uses that would be allowed through an ordinance update.
a. Cultivation – These uses allow for the indoor/outdoor growing of cannabis.
Typically, cities opt for the indoor cultivation, ass opposed to outdoor grows. The indoor grows are most commonly found in industrial zoned land and within a fully enclosed building. Odor control systems are standard and regulate off-site smells associated with the growing of cannabis. Cannabis cultivation can be water intensive.
b. Manufacturing – these uses are typical in industrial zoned land and consist of drying and chopping the cannabis flower buds. High quality buds are typically sold as-is without further processing. The remaining parts can be processed into a variety of cannabis products through infusion and extraction.
c. Distribution – These uses consist of transporting cannabis products from cultivation/manufacturing facilities to retail locations. These are typically subordinate or incidental to those uses and operated by the same companies. d. Laboratory Testing – Testing facilities are used to ensure products are consistent and properly grown to industry standards. Labs are not required to be located within the same city as other cannabis activities. Testing can occur at other existing facilities.
e. Retail Sales – Retail locations are most commonly found in industrial zones and consist of a shop where cannabis products are sold to consumers.
2. Setbacks from Sensitive Uses. Current State Law requires a minimum of 600-foot radius from a school (K-12) a day-care, or youth center. A larger radius can be required through a city specific ordinance.
3. Zone Districts. As noted above, cannabis related businesses are typically found in industrial zones. Retail sales could be allowed in commercial zones but are not typically allowed.
4. Required Permits. Within the Zoning Ordinance, uses are either defined as “byright” or “conditionally allowed”. “By-right” uses do not require approval from the Planning Commission or the City Council, prior to operation. “Conditional uses” require the approval of a Conditional Use Permit (CUP), prior to operation. Does the Council wish to require conditional use permits, and if so, does the Council wish to have them reviewed by the Council or the Planning Commission? Other types of local regulations include: public safety license, business license, or development agreements.
5. Number of businesses. How any of each type of cannabis business does the Council wish to see? The Council may include a cap on the total number of permits allowed, or they may allow the market to dictate the number of businesses. A cap can create some issues if the amount of interest exceeds the number of allowed businesses. This issue can be handled through a lottery or as a “first come” system.
6. Cannabis Tax. A cannabis tax is possible; however, it would need to be approved through a local initiative at a regularly scheduled election.
Based on feedback from Council and specific direction, staff can complete a draft ordinance for review at a future Council meeting.
Budget Impact
No anticipated impact for discussion of this item.