MINUTES
CITY OF DELANO
CITY COUNCIL– REGULAR MEETING
February 22, 2022
CALL TO ORDER
Mayor Osorio called the meeting to order at 5:53 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Mayor Osorio offered a moment of silence.
FLAG SALUTE
Councilmember Solorio-Ruiz led the flag salute.
ROLL CALL
Council members present: Mayor Pro Tem Vasquez, Council Member Joe Alindajao, Council Member Liz Morris, Council Member Salvador Solorio-Ruiz, Mayor Bryan Osorio Council members absent: none
OFFICIALS PRESENT
City Manager Reyna, City Clerk Chavez, City Attorney Thuyen (via teleconference), City Engineer Dowling, Finance Director Lara Rios, Chief of Police Davis, Human Resources Director Zamudio and Interim Community Development Director Mynk
PRESENTATIONS AND AWARDS
Finance Director Rios presented the Featured Pet – Lobo.
Finance Director Rios presented the Featured Business – Generals Café & Grill.
ITEMS FROM THE PUBLIC
1) Yolanda Vega commented on previous comments made by Mike Gutierrez (DADD). She stated that Mr. Gutierrez has launched the Navigation Center which did not allow any of the parents or the constituents of the DADD to have a voice in the homeless Navigation Center. Her concern is that the City Manager and the City Attorney have allowed Mr.
Gutierrez access to City employee records and investigations and has allowed Mr.
Gutierrez to divulge city information. She also stated that the City Manager and Attorney have not intervened and have not said anything regarding these divulged city employee records. She would like to know how the city is going to rectify this matter. 2) Frank Wooldridge stated he is employed with the Law Offices of Young Wooldridge in Bakersfield stated that he serves as a board member of the Delano City Alliance Committee. He will save his comments for Agenda Item 19. 3) Claribel Gutierrez commented they need to address issues of what the City Council is doing and why they are or are not doing it with regard to policies and procedures of the city as a whole.
4) Lupe Martinez stated he agrees with Ms. Vega in that they need to see how and where this information has been leaked and where the leak comes from. He also commented about the water in Delano as he thought they were going to have the plan for the 1-2-3-TC-P. He inquired if that has been implemented and if they are complying with the mandate on the contamination. Mr. Martinez stated he would like to know about the Grand Jury’s Measure U and he inquired if the committee members have been selected and if they have met. If the committee has met he would like to know what happened with the application that he submitted as he has not received a response to his application.
Mr. Gutierrez also inquired about the Grand Jury’s comments about having districts in Delano and who the agencies are that will help them facilitate this. 5) Pastor David Vivas followed up to his last comment at the City Council Meeting regarding his inquires to Councilmember Solorio which he has not received any response.
He commented that so many people in Delano have noticed Councilmember Solorio’s lack of response to questions and concerns. Another concern he has is that on August 7, 2020 Candidate Solorio in front of City Hall made comments about the violence in Delano stating he did not blame an individual but he blamed the entire system. Pastor Vivas pointed out that on January 31, 2020 his son was shot and killed and inquired if Councilmember Solorio believes that the individual who pulled the trigger is responsible for his son’s death. Pastor Vivas further stated that on December 31, 2020 after Solorio is elected he says that having cops or peace officers on school grounds makes schools less safe. Pastor Vivas stated these outlandish statements made by Councilmember Solorio need to be explained. He again asked Councilmember Solorio to explain his concerns and questions in his closing comments and asked him to have a public sit down discussion with himself and any other parent on livestream so Councilmember Solorio’s constituents can hear questions asked so they can have a transparent discussion. 6) Grace Vallejo let the Council know that she appreciates and values their decision on the meeting that was held earlier. She stated she is in full support of going back to in person.
She pointed out that you can’t really see the speaker and you can’t see all of the Councilmembers. She believes in person will carry more value for the residents. 7) Anthony Cortez commented on Vice Mayor Vasquez’s action of preventing a police officer from performing his sworn duties. He inquired if this means she took him off the streets for a period of time when he should have been on patrol and would find this laughable because when they were discussing the SROs in schools one of Vice Mayor Vasquez’s concerns was that we were taking the officer off the streets. Mr. Cortez stated that with regard to allegations against Councilmember Solorio-Ruiz, Councilman Alindajao asked Councilman Solorio-Ruiz to do two things and Councilman Solorio-Ruiz did not respond to those requests. Mr. Cortez read the previous meeting requests from Councilman Alindajao: 1) if the allegations were true then do the right thing and resign; 2) however, if you can look the public in the eye and categorically say that the victim’s allegations are false then stand your ground. Mr. Cortez pointed out that Councilman Solorio-Ruiz has done neither thing. He encouraged the victim to come forward to the property authorities. He pointed out that when he was 7 years old a neighbor tried to sexually assault him and he didn’t tell a soul for 35 years and then he felt the weight lifted off his shoulders when he did. He suggested the victim speak truth to power and not let him have the power.
8) Yolanda Chacon Serna commented that she thinks it ludicrous that everybody is coming up with allegations. She pointed out that there is a state document stating there has been a wrong. She inquired where is the money that is supposed to go to public safety and services. She wants to work to protect the children.
9) Mars Reyes commented that they need to go back to live meetings so they can see everybody’s face. He stated there needs to be an investigation into the cover ups of what is going on within H.R.
Mayor Osorio inquired about the 15 minute limitation on one specific issue.
Council Member Alindajao responded that he is not sure if that is a hard and fast rule and it is his understanding that law favors comments without limitations.
City Attorney Richman commented that it has been on the agenda since before she joined, but she does find that the law does provide public comment to continue and not to limit it.
She further stated if council feels that it has gone on too long and it interferes with their ability to conduct business then the Mayor can intervene. She stated that 15 minutes is on the lower side of implementing maximum minutes.
10) Suzanne Villaruz stated a lot of innuendo, rumor, comments by councilmembers and public comments feed the gossip. She stated she went to the DADD meeting hosted by David Couch and one girl who spoke was obviously coached because she spoke about an event in which she was very worked up over it and she was rude with DADD at the time.
She commented that the decision was made by the Board and not Mike Gutierrez.
Suzanne further commented that City Council has a business meeting and it often turns into a public forum. She stated they need to maintain their business decorum. She stated that with the H.R. issue if a specific name is not mentioned there is no violation in law to say they are investigating a particular type of action. She stated that Delano’s City Manager and City Attorney are honorable people. She stated this is a business meeting for the City Council so let’s get business done.
CONSENT AGENDA
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 (Agreement No. 2022-07)
7) Approve an amendment to agreement no. 2021-33 Management Employee Group MOU Article 10. Holidays (Agreement No. 2022-08)
8) Approve an amendment to agreement no. 2021-38 Miscellaneous Employee Bargaining Unit MOU Article 21 Holidays (Agreement No. 2022-09)
9) Second and Final Reading of an Ordinance amending the Delano Municipal Code to address Mandatory Organic Waste Disposal Reduction (Ordinance No. 2022-1333) 10) Resolution of the City Council of the City of Delano to submit a Notice of Intent to comply with Senate Bill 619 (Resolution No. 2022-06)
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. (Agreement No. 2022-10) 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 (Resolution No. 2022-07) (Resolution No. 2022-08)
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 (Agreement No. 2022-11) 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 (Agreement No. 2022-12) 15) Lease agreement between the City of Delano (“City”) and Hanzel J. Agbayani (“Tenant”) for Hanger H-8 at the Delano Municipal Airport (Agreement No. 2022-13) 16) Lease agreement between the City of Delano (“City”) and Paul Brunner (“Tenant”) for Hanger H-9 at the Delano Municipal Airport (Agreement No. 2022-14) 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 (Agreement No. 2022-15)
Motion made to approve consent agenda items 1 – 12, 15, and 16 by: Councilmember Morris 2nd by: Councilmember Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 13 pulled by: Lupe Martinez
City Engineer Dowling provided the staff report.
Reason for being pulled: Lupe Martinez thought there were going to be 78 acres of almonds and the rest is alfalfa. He understands that there is not enough water for irrigation, so he inquired how much water is being given to them and how do they know and guarantee that the water is not going to go into almonds.
City Engineer Dowling responded that the city does not produce enough water population wise but when the city grows to 60,000 or 70,000 it will produce more and more which will subsequently produce more recycled water available for the farms. He pointed out that the city already has 900+ acres that it disposed water into mostly with alfalfa. The permit for the plant depends on the amount of acreage available and they are poised for growth in terms of recycled area available. In order to ensure the water does not get to the almonds the facilities out there are only constructed to irrigate the alfalfa and other facilities take the almonds. He pointed out that the State has a lot of regulations with regard to the distance the water can come to the almonds, and they follow those rules. He pointed out that this particular farmer is very well versed in these rules.
Lupe Martinez inquired if they are leasing from the city the acreage for $98,000 a year. City Engineer Dowling responded in the affirmative at $500 per acre.
Mayor Osorio closed public comment.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 14 pulled by: Lupe Martinez
City Engineer Dowling provided the staff report.
Reason for being pulled: Lupe Martinez commented he is glad to hear that it is at 98%. He inquired if the amount of money is for labor and the meters have already been paid for to which City Engineer Dowling responded in the affirmative.
Lupe Martinez inquired if ARPA funding is available for this kind of work.
City Engineer Dowling responded it was one of the allowable types of projects.
Mayor Osorio closed public comment.
Motion made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 17 pulled by: Council Member Alindajao
Transit Manager Zamora provided the staff report.
Reason for being pulled: Councilmember Alindajao inquired if the MOU are concessions the City is making, and are they providing services and rides for Omni patients at the expense of the City or are they being reimbursed by Omni Health.
Transit Manager Zamora responded that they’ve had an agreement and they haven’t used it at all in the last two years, however they would be reimbursing the City for the services and that payment would come from Omni or the patient. She further added that it’s $3 round trip if it’s within the City and it’s $8 round trip if it’s in the County and not ADA.
Mayor Osorio closed public comment.
Motion made by: Solorio-Ruiz
2nd by: Alindajao
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA
17) Appointment to fill vacancy on the Planning Commission.
Staff report given by City Clerk Chavez.
Public comments opened.
Joey Velasquez introduced himself as an applicant for the Planning Commission. He stated that he’s been a community member for over 15 years and involved in youth activities and youth sports up and down the state of California.
Grace Vallejo introduced herself as an applicant for the Planning Commission and she brings 11 years of experience on the Planning Commission and served several of those 11 years as the head of the Planning Commission. She believes she can serve the City of Delano in a capacity they will be assured that the City grows appropriately.
Frank Herrera stated he applied for the vacancy on the Planning Commission. He provided that he has a Bachelor’s degree in Political Science, a Master’s Degree in Public Administration and over the last 20 years as a civil servant including as an administrator with the County of Kern. He stated he is familiar with interpreting and applying statute at the department level, and he has experience writing and publishing policy while monitoring and evaluating policy implementation. He stated that if he is appointed to this position, he pledges to consider each matter on its individual merits and make decisions consistent with law, policy, and the general plan. He stated he is available for questions.
Suzanne Villaruz stated Grace Vallejo has years and years of experience and her heart is with the City of Delano. The fact that she wants to come back and serve the community is a testament to her dedication to the success of the City of Delano.
Yolanda Vega stated she personally believes there are four qualified candidates, however she believes that Grace Vallejo has served her time on the Planning Commission and the City Council for over 16 years and it is time to appoint someone with a broader aspect with fresh concepts and someone who is now looking at growing and flourishing their community. She believes that Frank Herrera would be a great representative for the City of Delano.
Claribel Gutierrez thanked the candidates and stated her support for Grace Vallejo. Maria Gutierrez stated her support for Frank Herrera.
Mayor Osorio closed public comment.
Motion to appoint Frank Herrera for the Planning Commission made by: Alindajao 2nd by: Vasquez.
Vote: 4-1
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: Morris
Absent: None
Abstentions: None
18) Establishment of a City of Delano Anti-Gang and Anti-Violence Committee.
Staff report provided by Council Member Alindajao. Council Member Alindajao stated this is a culmination of a lot of activism by the community and the Council. He stated he hears the community comments that the answer is not just law enforcement, but also community engagement, involvement, education, and prevention. He envisions this committee will represent a culmination of those thoughts and ideas. He envisions the group to consist of two councilmembers and five appointment members from the community. Councilmember Alindajao referenced a KERO-23 article dated February 16, 2022 titled, “Kern County Polls Show Top Concerns for Residents as Mid Term Election Approaching.” He pointed out that the group Loud for Tomorrow sponsored a survey for Delano residents and their concerns. At the top of the concerns was the topic of crime.
Councilmember Alindajao stated that his vision for the committee is to be a bridge between the community and the Council and to be a think tank for ideas not just for law enforcement but should consider education, prevention, youth programs, etc. The committee can hash out the ideas so plans can be presented to the City Council.
Public comments opened.
Yolanda Vega stated her concern with this committee is that back in late 2020 Kuko Rodriguez from Hope and Heal started working with City Councilmember Bryan Osorio who invited him a lot of the community members to discuss the gang violence and she inquired why Councilmember Alindajao is trying to take over and reinvent the wheel when Judge Tafoya has already indicated that he wants to implement a project with Hope and Heal where money has already been set aside for Hope and Heal. She pointed out that all councilmembers were invited to those previous meetings that were ongoing for over a year and-a-half. She commented that she did not see Councilmember Alindajao at those meetings. She inquired why the D.A.’s office has not provided resources to the affected families.
Frank Wooldridge stated he is here at the request of Steve Kinsey as they Judge Tafoya welcome the efforts in what Mr. Rodriguez offered through Hope and Heal program. He quoted Steve Kinsey: “As you know the Delano Alliance is hoping to establish responsibility of managing a committee on gang and gun violence through the structure of the Alliance allowing for a more accessible forum for community input. The structure of the Alliance allows community input and for the community to participate easier in the comfortable Alliance setting. The Alliance could reach out for funding to support activities to encourage youth and their parents towards greater education and employment opportunities.” They would like the Delano Alliance group to oversee whatever committee will help reduce gang violence.
Lydia Rodriguez stated it is going to take more than what is being discussed here to change the situation in Delano. She stated with regard to the D.A. resources she and her family did receive funds through victims of violent crimes, counseling for her entire family, and she feels that she received the support that she needed. She stated that there are people who say you can go talk to the youth and get them involved and offer all these programs, but most people do not have the funds to participate in these groups so it is discouraging to a lot of parents and single parents. She stated they have to really come together as a community and get the parents involved and they need to help fund the activities for the youth that cannot afford it.
Suzanne Villaruz stated this topic has been around for 40 years. She gave a history of the Delano Alliance. She feels there needs to be parent education because the kids are socially geared to listen to each other. She stated that Council Member Alindajao’s idea of having more city input would benefit the community alliance. She would like everyone to stop pointing fingers and work together.
Yolanda Chacon Serna stated that she’s attended every Hope and Heal meeting. She stated Judge Tafoya has worked on an outline that they would like to disseminate to the stakeholders who are speaking about their concerns. She stated they need to come together and work together.
Claribel Gutierrez stated everybody has good ideas but she wants to know how they are going to move forward.
Lupe Martinez stated he is in agreement with everybody’s comments. He commented that the model used by Cesar Chavez was organizing through personal visits, doing house meetings, and then figuring out what the community wants. He stated this is what needs to be done with this issue. They need the parental support and in order to do that they need to educate them and sit down one to one with them. The committee alone cannot solve these issues.
Pastor Vivas responded to Yolanda Vega’s comments in regards to inquiries about the D.A.’s office and the resources that were provided and Lydia stated that the resources were provided by the D.A. He also commented that with regard to vigils he has held several vigils, but he is not sure if Yolanda attended any of them. He pointed out that at the last vigil on March 13, 2021 in front of the Delano Police Department, the District Attorney Cynthia Zimmer, along with 10 members of her staff on their day off, came to the vigil and had tables and literature for counseling services. Pastor Vivas stated that one individual is in constant contact with family members of those who have lost loved ones due to gun violence. He stated that he is in support of a committee regardless of who heads it. He stated that Hope and Heals last report had at least 15 inaccuracies about the City of Delano. Pastor Vivas stated that he stills needs Councilmember Solorio to advise where he stands with law enforcement and his silence indicates that he is not on the same page.
Mayor Osorio closed public comment.
Councilmember Alindajao stated that this is not a competition as to who can have the best committee. He stated that they will benefit from every idea and every person that cares about crime in the city. He also commented with regard to Mr. Rodriguez’s report specifically on page 10, under Summary and Conclusion: “To truly and impactfully address violence in the city we hope that the City” – not community organization, not anyone else, --- “the City will prioritize..” --- the first point is “A committee or accountability group that is dedicated to addressing violence and engages with the community, including those most impacted by violence.” The committee on the agenda is exactly what is suggested in the report. He added that the Council will have an opportunity to appoint the people with the best ideas and the most advocacy to contribute to the committee. He further explained that the committee will be open to the public and true collaboration on what is best for the city and he guaranteed that there will prevention and education.
Mayor Pro Tem Vasquez stated at this time she is not comfortable voting on a committee, although she believes a committee is needed. She would like to take more of a grassroots approach and do a couple of town halls, a couple in person and a couple in Zoom inviting schools and various organizations and individuals that want to be involved.
Council Member Morris stated she agrees with regard to working together and educating families. She still wants Community Alliance to keep working to see what they can do.
She stated that they may want to get more input from the community before selecting a committee.
Council Member Solorio-Ruiz stated he is glad that they are doing some of the recommendations in Mr. Rodriguez’s report. He thinks this is one of many strategies they can implement to prevent crime. He stated he is for more community input and wanted to see if they could change the title of the committee to Crime Prevention Committee, specifically emphasizing the prevention. He would also like to emphasize and focus on community engagement by building trust with parents and community engagement.
Council Member Solorio-Ruiz stated that he would like to have each council person appoint their own committee member and five experts. He suggested having Adventist Health as an expert, a high school counselor, the Police Chief, a faith-based group such as the Catholic organization, and elementary school counselor, and add Judge Tafoya. He stated there would be two councilmembers navigating the conversations and the experts to be on the committee. He stated that the goal of this committee is to have stakeholders and experts work side by side with community members to develop solutions to prevent crime.
Council Member Morris commented on Councilmember Solorio’s suggestions and would like to see the Police Chief and Judge Tafoya on the committee.
Council Member Alindajao stated he thinks Council Member Solorio’s ideas are excellent, but he envisioned it not being seated positions as appointees, although he wouldn’t have a problem with that. He stated he is concerned with having a large committee and scheduling conflicts. He stated a committee of seven would utilize those experts. He stated they have an opportunity right now to form this committee and get to work, regardless of the number of people on the committee or the name of the committee.
Mayor Osorio inquired about five committee members who are appointed, and they will be discussing potential recommendations for City Council and inquired how the recommendations happen within the five committee members.
Councilmember Alindajao responded that the chairman will have an agenda and one of the first meetings will be talking about education and having programs and outreaches in school where they can create a flyer in different languages teaching and showing parents how to recognize the signs of gang involvement. He further added that they can hold quarterly school assemblies inviting a movie star that is out there talking about gang violence and gang issue. He also explained that thereafter they can get into more complex issues that people will have ideas about and report back to City Council to ask about funding for some of the outreach that can be done.
Mayor Osorio inquired if there is disagreement about how they would filter out which ideas to prioritize.
Council Member Alindajao responded that if you have five great ideas and you have to vote on one it’s a great win-win situation.
Mayor Osorio stated he is concerned about how impacted community residents served on this board or are consulted as part of the process.
Council Member Alindajao responded that it will be up to each individual to make certain that all of the community is aware of the committee. He commented that he is looking at appointing Abraham Herrera who was a victim of a drive by shooting and he has experience with law enforcement as a long-term community member and understands the community. He commented that just because you are impacted should not be the controlling analysis of the appointee, and it is up to the Council to appoint people that can work with others.
Mayor Osorio inquired how the committee will integrate experts into the meetings and the overall process of recommending positive recommendations.
Council Member Alindajao stated he is not opposed to ten people on the committee, although he agrees it could make it more difficult to meet. He suggested calling in the experts as needed for each meeting’s agenda.
Mayor Osorio inquired how the correlation will happen.
Council Member Alindajao responded that it will just come down to communication. He stated that he doesn’t have to have a vote on an ad hoc committee to create a committee.
He could just send out an email as a Council Member and ask if anyone wants to join him in a committee against gang and crime. He pointed out that he is reaching out because he wants to do this as a team so they can move the committee forward like Mr.
Rodriguez suggested so they can address these issues. He feels that this is a more effective way to reach the goal because the degrees of separation are minimal.
Mayor Osorio agreed that a committee can send a message to the community that they are taking this issue seriously.
Council Member Alindajao inquired of Council Member Solorio-Ruiz how he sees adding experts to the board from a practical standpoint.
Council Member Solorio-Ruiz responded that with regard to the appointees the five people would have decision and voting rights and the experts would be there to be experts in their fields to provide information to the appointees but would have no voting rights. He explained that the committee will bring the information and proposals to the City Council and the Council would decide to entertain it or not.
Council Member Alindajao reminded the Council that this committee is going to work with the community at large and they don’t necessarily have to come back to the Council to do the things that they want to do and the committee would not need approval from the City Council to encourage the school district or work with the school district to have these quarterly assemblies on anti-gang issues. He did state that unless the committee is asking for funding, there are a lot of things the committee can do without having to get approval from the Council.
Council Member Solorio-Ruiz stated he envisions any approval of monies to fund a project coming through the City Council for approval, but if it’s to do a fundraiser the committee would not need approval from the City Council.
Mayor Osorio suggested considering Councilmember Solorio-Ruiz’s recommendations in making a motion.
City Attorney Thuyen stated his understanding is that this item was just for a discussion and a motion is not necessary. Staff would like direction on what the preferences are of the council.
Council Member Alindajao stated his recollection is that he called for a vote at this meeting on this item.
City Clerk Chavez responded that the title of the agenda is the “establishment” of the City of Delano anti-gang and anti-violence ad hoc committee.
Council Member Alindajao stated that he believes that would require a vote if they are establishing the committee.
City Clerk Chavez responded in the affirmative simply based on how it is titled.
Council Member Alindajao stated based on the title he will make a motion. He also inquired if City Attorney Thuyen would have a problem with voting.
City Attorney Thuyen responded that Council can direct staff to return back with a resolution or ordinance establishing a committee. He stated the item will have to be brought back to Council for a formal vote by resolution or by ordinance.
Council Member Morris inquired if they vote on this issue today to establish it and then make arrangements to make the appointment of committee members.
Council Member Alindajao responded in the affirmative. He pointed out that probably not every council person has an individual they would like to appoint and they would need time to interview people.
City Clerk Chavez advised that the recommendation in the staff report is that City Council discuss and provide direction on whether to create the ad hoc committee and then for the Council to actually vote. He further added that it stated that it is for Council to advise of the two councilmembers that will serve on the committee as well as the appointment process.
Mayor Pro Tem Vasquez stated that she still has concerns because there still are a lot of tweaks needed and it is not concrete. She stated she feels like the details like the time commitment is known. She also stated she wanted more townhalls to get more input from the community because she doesn’t want to create something without buy in from the community.
Council Member Alindajao responded that creating an ad hoc committee does not dismiss the ability to have townhall meetings. He stated it is incumbent upon each council member to get community buy in.
Mayor Osorio inquired if they do incorporate Councilmember Solorio-Ruiz’s recommendation it would be helpful to see it in this item and then the second part of this would be to bring forth a resolution or ordinance.
Council Member Solorio-Ruiz agreed that this needs to be solidified in verbiage and writing and then go from there.
Council Member Alindajao stated he intended to incorporate the basic structure of the ad hoc committee to include seven (7) members of which five (5) members would be appointed by the City Council members and seated with two (2) City Council members and to change the name of the committee from the Anti-Gang and Violence Committee to Crime Prevention Committee. He pointed out that he thinks they are in agreement with how the experts would be incorporated into the committee, where the experts don’t need to be part of the committee, but must be used as part of the committee’s analysis on any recommendations.
Council Member Solorio-Ruiz agreed with Councilmember Alindajao.
Motion to approve item 19 to bring it back as a resolution for a vote for a sevenmember committee consisting of five members appointed by each City Council Member and seated with two City Council Members and to change the name of the committee from the Anti-Gang and Violence Committee to Crime Prevention made by: Alindajao
Councilmember Solorio-Ruiz inquired if Vice-Mayor Vasquez could elaborate on the importance and reasoning for townhalls.
Vice-Mayor Vasquez responded she envisions it being putting out and all of the people that want to help and outreaching to the family members who have been impacted and finding out what didn’t work, what worked and getting input so it can help mold the committee and who should be sitting on the committee instead of just having appointees.
She stated that it seems like all these ideas have already been unsuccessfully attempted without community involvement and input. She pointed out that they have not had a townhall to discuss how to form and mold the committee. She feels that by not having the townhalls they are failing their community.
Council Member Solorio-Ruiz inquired who would be responsible for conducting the townhall. Councilmember Vasquez responded it could be Councilmember Alindajao and another councilperson and they would invite all the people who spoke at this meeting and said they want to be a part of it.
Council Member Solorio-Ruiz inquired if the townhall recommendations would come back to City Council.
Mayor Pro Tem Vasquez responded in the affirmative.
Council Member Solorio-Ruiz inquired how many townhalls she envisions occurring to which she responded two.
Council Member Solorio-Ruiz stated that he thinks there is urgency with this issue, but he wants more community input and not less. He stated that it would not hurt to wait a couple of weeks to get some in person and virtual townhalls to get the input. He stated he does not mind tabling this to do a couple townhalls and get more community input.
Council Member Alindajao addressed these concerns by stating that with the Police Liaison Board they do not get community input for those appointments. He stated this is community leadership and they are not going to get community input on every decision he has to make. He pointed that the people elected him to make judgement calls and leadership calls. He stated that he is not opposed to that process and if Council members Vasquez and Solorio want to lead that process that would be fine and they can each make their appointment. Council Member Alindajao further stated there is a certain economy and efficiency when making these kinds of appointments. He stated that he does not know how fruitful a townhall meeting would be to his appointment. He pointed out this is part of the red tape that goes into government (analysis paralysis). He referenced the Measure U and I committees. He continued to point out that the Council is paid to make these types of important decisions and the community trusts each Council person to pick the best person that you can to represent the community and fight effectively for crime prevention.
Council Member Morris stated that they should follow through with the ad hoc committee because it’s not going to be immediately established and in the meantime they can still follow through with the townhall meetings to get further input.
Mayor Osorio stated he agrees with this committee and believes a townhall can happen when there is a policy recommendation from the committee. He thinks it would be good for the public to see what they are establishing. He recommends that this discussion be continued but have set details on what the committee will entail. He would like follow up with the Hope and Heal and with the Delano Community Alliance to see if they see themselves integrating to the final committee or if this is what they envisioned overall.
He commented that he sees inconsistencies in what their involvement would look like. He agrees with doing this quickly and he would recommend continuing this discussion so he can get the missing details.
Council Member Solorio-Ruiz commented that the issue is not the appointment, but the vision of where they are going. He stated that if they are able to get input they should get more input and he doesn’t think it hurts to wait a couple of meetings to get the townhall input.
Mayor Osorio stated he is not against townhalls and he feels townhalls would be beneficial for the actual policy recommendations to address the crime prevention aspect.
Council Member Alindajao stated that the Mayor and Council Member Morris make great points that this is a work in progress. He pointed out that the first step is to establish the ad hoc committee to bring it back for a vote and in the interim they can work out the logistics and each councilmember can do whatever process they want to do.
Council Member Solorio-Ruiz stated he is okay with Mayor Osorio’s recommendation to continue this discussion so they can have set details on what the committee will entail. He stated he would like to have something in writing that he can analyze and then proceed.
Mayor Osorio commented that Council Member Alindajao was hinting that this could be a conditional approval and if in a month if they change their minds they can vote down the resolution.
City Attorney Thuyen stated there appears to be a few options: 1) do a motion to establish the Anti-Gang Anti-Violence Committee and provide direction to staff which would be done in a two-part motion – 1st to establish the committee and 2nd to create a consensus on the direction. He understands the items listed in the agenda report in terms of the community itself, the scope of the community activities, however, he is unclear as to the direction on how long Council would want these members to serve on the committee. He stated that Option 2 is to delay any vote on establishing the committee and at the next meeting come back to discuss the committee further.
Council Member Solorio-Ruiz stated he would like to see logistics on paper before they actually agree on the committee.
Council Member Alindajao stated he does have a motion on the floor and he does like City Attorney Thuyen’s suggestion but he is not clear what the direction to staff would be. He commented that they are way over thinking this item as it is an ad hoc committee to prevent crime. They know what they want to do and the details can be worked out.
Mayor Osorio stated he agrees with Council Member Alindajao’s comments and they are spending too much time on this. He suggested Council Member Alindajao include in his motion a representative from Hope and Heal and a representative from Delano Community Alliance.
Councilmember Alindajao stated that adding those two representatives is not going to complicate the issue. He amended his motion with said modifications.
Motion to establish the ad hoc committee with the change of name, calling it the Crime Prevention Committee, and instead of a seven (7) seat committee it will now become a nine (9) seat committee made up of five (5) appointees, 1 member of Community Alliance,1 member of Hope and Heal Fund, and two (2) members of the City Council to serve two (2) year terms made by: Alindajao 2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
19) 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
None.
COUNCIL STATEMENTS AND REPORTS
Councilmember Alindajao: He thanked everyone for their hard work and discussion. He inquired as to the status of the Measure U and I committees. He’d like to know if they have to wait until December to convene this committee and bring this back for discussion at the next meeting.
He also commented that he would like to bring back the issue of eliminating the yard sale fee. He would like to know if the fee is really needed or necessary. He stated he does not want to get rid of the process because he thinks regulating that issue is important. Council Member Alindajao stated he would like to change the resolution on committee appointments as it should not be this complicated to form a committee. He appreciates community input but there are issues that require individual judgement and decision making and this makes government more efficient. He stated he would like to bring this item back for discussion and potential vote at the April meeting.
Councilmember Morris: She thanked everyone for their comments. She stated that when they appointed for Measures I and U committee, it was appointed by council members. She stated that they have four applicants, and they just need to fill one more position. She supported the community for supporting the Crab Feed and the Chamber and they went to the elementary schools to present them with a $4,000 check for the cake sale.
Councilmember Solorio-Ruiz: He thanked City Staff for coordinating the food distribution. He stated that with regard to the committee vote that he hopes that the efforts to stop crime don’t stop.
He believes they have the ability to make an impact. He appreciates spotlighting a business. He requested recommendations for a business to highlight. Council Member Solorio-Ruiz requested if the next agenda could have a community award in the form of a resolution for Laura Vega who rescues animals.
Mayor Osorio commented that Council Members Alindajao and Solorio did bring up comments on the committee vote and he asked Councilmember Vasquez to not comment under the Brown Act.
Mayor Pro Tem Vasquez: She stated she looks forward to the full Planning Commission.
Mayor Osorio: He thanked City Staff for the work that they do. He stated that he would like a follow up report from staff on inclusionary zoning, as well as a follow up report on rent control.
He also commented that he would like a future discussion on a market rate analysis of how cannabis would impact the City of Delano. Mayor Osorio echoed support for Council Member Alindajao’s comment on the Measure U committee and whether the Council can appoint those individuals before the December meeting and possible to meet before December. He also gave a shoutout to The Delano Guardians as they continue to work with the Department of Toxic Substance Control around the plume in downtown Delano. Lastly, stated he still needs more information on the complaints around the cemetery and issues they face.
CLOSED SESSION
None.
ADJOURNMENT
Moved by Council Member Morris, seconded by Solorio-Ruiz, and unanimously carried 5-0 to adjourn the meeting at 9:03p.m.
Ricardo G. Chavez, City Clerk