MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
March 7, 2022
CALL TO ORDER
Mayor Osorio called the meeting to order at 5:33 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Mayor Osorio offered a moment of silence.
FLAG SALUTE
Council Member Morris led the flag salute.
ROLL CALL
Council members present: Bryan Osorio, Veronica Vasquez, Joe Alindajao, Liz Morris, Salvador Solorio-Ruiz
Council members absent: none
OFFICIALS PRESENT
City Manager Reyna, City Clerk Chavez, City Attorney Richman, City Engineer Dowling, Finance Director Lara Rios, Human Resources Director Zamudio, Chief of Police Davis, 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. Abraham T. Jimenez shared about his dispointed with a lot of things. He stated that Vivian is doing a great job with the Transit Department. He requested for Saturday service for seniors.
2. Robert Gonzalez stated that he’s a Mac-Del. He stated that he’s really disgusted with the City Council in which they are not paying attention to anybody with this 3-2 vote. He suggested the City to go to districts so everyone can get represented and because of this 3-2 vote, is the reason why we have all these problems they have become too personal which is not why they were voted for. He emphasized that they work for the public and not for themselves and their own ideas, but they are not working for the public and are terrible. He stated even the rotation of the Mayor was done with a 3-2 vote. He stated that he voted for the Mayor because he’s young, but now he wants to go to the state capital, but he told him that no one leaves here to the state capital and he’d be lucky to get 1,000 votes. Mr. Gonzalez implored the Mayor help them as that was why he voted for him, but now he wants to move up in which he told the Mayor that it was not going to happen. He stated that he doesn’t believe in parties. He stated that we need representation from the westside and eastside, but it’s not happening and he’s very disappointed. He asked the Council to listen to him and do what’s right. He further stated that they need to be respectful to the people and that they have gotten away with a lot of baloney. He emphasized that the Council needs to start getting it right, because if he has to start a recall, it would be on three people and believe him he can do it.
3. Arthur Rodriguez stated about problems with code inspectors and the criticism he receives about his vehicles on his property. He also criticized the community development director.
4. Virginia Espino suggested a disc golf for the community and provided an explanation of the sport. She stated that it would be a great investment and has many benefits.
5. Mike Gutierrez stated that last year he sent a letter to the city council expressing observations by the Vice Mayor and that she should not be elected as the mayor or re elected as Mayor Pro Tem. He stated of his observation in which Miss Vasquez as a county service workers union rep created a hostile, contemptuous relationship with the County Board of Supervisors. He further stated that at more than one county supervisors meeting she invoked the titles of union rep and Vice Mayor of Delano where she then tore into the supervisors, chastising them and attempting to shame and intimidate them with very incendiary language. He elaborated the problem that once the Vice Mayor introduced herself as the vice mayor, she spoke on behalf of the citizens of Delano is that as if every word she uttered from that point on was spoken by them. He added when she was letting the supervisors know how much contempt she has for them, and what low life she thought they were, she was really saying that all citizens of Delano thought the same way. He pointed out that an obvious conflict of interest exists and that she's not capable of serving as an antagonistic, anti-economy, supervisory union rep and affable diplomatic official for the city. Miss Vasquez isn't capable of fairly represent the best interest of the citizens of Delano when she chooses to go to war with the county supervisors as a union rep, as well as Mayor Pro Tem. He brought up during 2021, that City of Delano staff applied for a $5 million grant to improve the quality of the drinking water that we all need such as children, grandchildren, and elderly. He further stated that the $5 million to improve drinking water slipped through the fingers at the city by which the attempt to secure $5 million failed due to the grant lacking the critical support from the County Board of Supervisors’ office. He clarified that the city couldn't secure a simple letter of support from the County, the county office that the Vice Mayor decided to treat as an enemy. Mr. Gutierrez emphasized that the citizens of Delano deserve to know that Miss Vasquez is personally responsible for the city losing $5 million not being able to improve the water quality. He further referenced in addition, about the settlement the city is bound to lose because of a grievance filed against the city because she harassed the city employee. He further added about the waste of tax dollars paid to a law enforcement officer who was out on the streets protecting the people because the officer was engaged with her. In addition, he stated that the Vice Mayor violated the city code when she inappropriately interfered with the operations of city departments and the low morale because she inserted herself where she has no business. In conclusion, Mr. Gutierrez stated that this was just her first year in office.
6. Gloria Herrera shared her concerns for people’s safety regarding the poles at Albany.
She also requested to focus on the waterlines and the alleys at Asti & Austin.
7. Jordan Davis brought up there are street signs that are no longer able to be read and are worn out. He also stated about a German Sheppard, but was aware that that animal control does not work on the weekends. He shared that the PD responded that they will not come out unless the dog was deemed aggressive, so as a result he and his neighbors missed their mail delivery twice. He suggested an on-call for animal control.
8. Suzanne Villaruz stated that the cell towers are not fooling anyone as fake trees.
9. Mario Nunez shared that there is a lack of leadership on council and lack of transparency.
He urged the council that it’s time to get going and referenced an item on the agenda that there are six people. He also referenced about the controversy and encouraged those to do the right thing.
10. Dolores Huerta shared that she has known Veronica since she was young, as well as her family in which they were involved in the farmworker movement. She stated that she has worked with Veronica over the years on many projects mostly with the labor union and she has always known her to be a person of integrity and honesty. She also referenced about the prior speaker blaming Veronica Vasquez for the Board of Supervisors’ denying Delano for a water project is ridiculous as the Board of Supervisors of Kern County has a majority on the board to be conservative and have denied other organizations such as the Dolores Huerta Foundation, so therefore it can be very political. She further stated that it is typical to see a Latina woman to be a leader and people to go after her. She hopes that the City Council does not follow that pattern. She stated with whatever is going on, she suggested for this matter to be handled internally instead of making a public scandal where there is nothing there. Ms. Huerta urged the Council to do their jobs, be professional and don’t try to scandalize one of your own members.
11. Lupe Martinez stated that he wanted to make an invited. He stated because the Department of Toxic Substance Control in cleaning up the plume, the State suggested that we launch a community advisory group to which he and the Guardians will be launching the group so they can have voice as to the cleanup. He therefore invited the Council to a meeting tomorrow at the CRPE office. He stated that there has been a mistrust of local government for many years because the perception and hopes there is a review site committee since 2012.
12. Yolanda Chacon-Serna wanted to address the city council, especially Council Member Alindajao who represents the law, that they are still in the United States of America where laws prevail, and the innocent are innocent until proven guilty. She stated that to be tarring and feathering and trying to make a public display of somebody and attacking someone assassinating their character is not correct. She stressed that there is a process and if there was a reason for charges, there would be some. She stated everybody on this council would not be removed unless they have committed a felony. She stated what Council Member Alindajao was doing with his charade is totally wrong. She shared that she was at that board of supervisors meeting because people called in here, as families and residents call to the city saying that they didn't find out until the backroom deal with Supervisor Couch until it was in the newspaper. Ms. Chacon-Serna emphasized that they did not get their Brown Act, they did not get their public hearing, nobody listened to their concerns about their disabled adults, and yet he wants to sit here and makeup chismes.
She stressed that he wants to pretend to enforce the law; he should be enforcing the law and he should be making sure that we're abiding by the law, not trying to override it, nor trying to pretend an opinion page is an investigation. She stated that this is a disgrace.
She asked how come nobody's asking, how come the person who does municipal loans for the city has the contract for the golf course. She further posed the question as to why nobody asks why we're not making revenue out of our own property, and we're paying $200,000, but can't put water sprinklers on for the children, yet we can water the golf course. She questions how that's supposed to be a quality of life. She further asked why the city manager’s contract got extended in 2019 when it was to expire in 2023; now 2026 and another year that this council doesn't even have anything to do. She stressed where were the ethics, with all those ethics violations and all those contracts and stated that they want an investigation, as she asked how much revenue they've been losing on all those unethical contracts. She stated that she will be there to ask for my Public Information Act documents to verify.
13. Claribel Gutierrez shared a concern about lights belong to Edison across the street from the Sheriff’s Station and go down proper channels. She emphasized that it breaks her heart, but the truth will set you free and if everyone wants to be transparent it’s never late to start. She blames the entire council because one person allowed it to get out of hand.
She also blames the attorney because this is not acceptable for the city. She stated that the Council is taking care of personal business, so because they made it her business, she’s in their business to be accountable for all actions.
14. Pastor David Vivas stated that he’s emailed some of the council members and claim to represent the people. He pointed out that they'll have people in their corner, but don't see the things that are neglected. He stated his frustration about emails not being responded to. He emphasized the logistics and provided a synopsis of how he put together a candidates’ forum in which he tried to be fair. He stated that he gave the Vice Mayor an invitation, but she never bothered to answer. He stated he’s not against anybody and all he wants is for the council to do the right thing, because they represent the public, and he is a part of the public. Lastly, he asked Councilman Solorio, “Who is the system that has failed people here and Delano on his comments that he made, during his campaign, when he was talking about the people that were shot and killed?” He further stated that Council Member Solorio stated that he doesn’t blame an individual; he blames the system and Pastor Vivas is still waiting… “Who the heck is the system that killed his son?”
15. Maria Martinez stated she’s been around regarding the gossip over the years. She would ask for the council to get to work. She therefore asks for the council to drop the gossip and get to work.
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 $2,287,320.58
3) Minutes of regular Community Law Enforcement Liaison Board meeting of January 20, 2022
4) Land Lease Agreement between the City of Delano (“City”) and Albert L. Good a.k.a ALG Enterprises (“Lessee”) for 2,000 Sq. ft. of Land at the Delano Municipal Airport (Agreement No. 2022-16)
5) Resolution approving the Final Map and Subdivision Agreement for Tract 7379, Phase 2, with Presidio JJR Quail Run 143, LLC. and Presidio JJR Vineyard Estates 100, LLC., located adjacent to and south of County Line Rd., between Hiett and Melcher Avenues, and authorizing the City Clerk to file the Final Map with the County Recorder, and authorizing the City Manager to execute the Subdivision Agreement (Agreement No. 2022-17) (Resolution No. 2022-09) 6) Approval of Agreement with the North America Security and Investigations, Inc. and TRUVIEW to perform pre-employment backgrounds and internal investigations (Agreement No. 2022-18) (Agreement No. 2022-19) 7) Resolution authorizing staff to apply for TDA funds for Public Transit for FY 2021-2022 (Resolution No. 2022-10)
8) Approval of resolution and agreement with the California Department of Justice Tobacco Grant Program for acceptance of grant funds in the amount of $35,817 for enforcement of Tobacco-related state laws and authorize the City Manager or designee to execute any necessary documents (Agreement No. 2022-20) (Resolution No. 2022-11)
9) Acceptance of two donations totaling $1,100 from The Wonderful Company Foundation Inc., for the Delano Police Department’s Explorer Program Motion was made by: Morris to approved items 1 – 5, 7 – 9 on consent; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 6 pulled by: Lupe Martinez
Reason for being pulled: Was this new or what these companies that the city has already dealt with. He also asked if this is for all employees.
Staff report provided by Human Resources Director Zamudio. She further stated that this is strictly for safety employees where all other staff is done internally.
Council Member Alindajao asked why the new company.
Human Resources Director Zamudio responded that the prior company closed down, so she’d be worried about unavailability of one and not having a backup.
Council Member Morris stepped down from the dais at 6:23pm Council Member Solorio-Ruiz asked if the background checks hate group or racist organizations.
Human Resources Director Zamudio responded that it’s strictly for background, but they do for POST.
Council Member Morris returned to the dais at 6:26pm
Motion made by: Solorio-Ruiz
2nd by: Vasquez
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
10) Public hearing to receive comments related to unmet transit needs that may exist and can be reasonably met
Transit Manager Zamora provided the staff report.
Mayor Osorio opened public hearing.
Abraham T. Jimenez shared his concern for Saturday service.
Mayor Osorio closed public comment.
Council Member Morris inquired about Saturday service.
Transit Manager Zamora responded in the affirmative but was stopped due to the pandemic and it will resume. They will also be implementing the micro transit program.
Mayor Pro Tem Vasquez shared that during her campaign she came across an elderly lady that needed a ride to Bakersfield for her appointments, so when she called 211 they no longer offered that service, so she personally ended up taking this person several times, even once for surgery.
She inquired what can they do to assist the elderly for medical appointments in Bakersfield.
Transit Manager Zamora responded that they have been working with GET to implement a system. She further stated that dial-a-ride is territorial due to funding. it is the commuter run.
Mayor Pro Tem Vasquez asked if we can have that information on the website.
Transit Manager Zamora responded in the affirmative and it would be a great time to introduce the micro transit program.
Mayor Osorio thanked Transit Manager Zamora and agrees to encourage people to be taking public transit as he would take him up on that request.
Transit Manager Zamora shared about working on a grant.
No Council Action.
REGULAR AGENDA
11) Review and approval of appointments of applicants to the Citizens Review Committee
City Clerk Chavez provided staff report.
Discussion was had by City Council and the public.
Motion made to appoint Joey Velasquez, Pastor David Vivas, Marisol Alcantar, Guadalupe Martinez and Gloria Herrera by: Vasquez
2nd by: Alindajao
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
12) Adoption of resolution to establish Ad-Hoc Crim Prevention Committee and appointment of two Council Members (Resolution No. 2022-12) Staff report provided by City Manager Reyna.
Mayor Osorio opened public comment.
Pastor David Vivas shared his support.
Yolanda Chacon-Serna shared her support.
Maria Martinez shared her support and added that Pastor Vivas is attacking the wrong council person.
Claribel Gutierrez shared her support.
Lupe Martinez shared his support and hoped that people are prioritizing the children over their differences.
Marisol Alcantar shared her support and suggested we focus at the schools by listening to kids.
Mayor Osorio closed public comment.
Mayor Pro Tem Vasquez expressed interest.
Council Member Solorio-Ruiz expressed interest. He also suggested on a logistical point and suggested some experts to guide the committee members such a high school counselor, someone from Adventist Health, a social worker and a faith-based leader, but not being a voting member.
Mayor Pro Tem Vasquez suggested a focus with those working with youth.
Mayor Osorio he offered to add Delano Community Alliance and Hope & Heal.
Council Member Alindajao stated that he doesn’t want the public to think that this will be capped, as they will be able to talk to others. He appreciated Council Member Solorio-Ruiz’s suggested but they don’t need to be seats. He further stated and provided perspective on how the prior council focused on the issue, he believes this is a great step forward and engage the public in a social community program in the first time of its history.
Council Member Solorio-Ruiz said he’s ok for them not being members.
City Attorney Richman provided direction for clarity on the discussion.
Motion made to approve and add Hope & Heal and Adventist Health as non-voting members to the committee by: Alindajao
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Motion made to appoint Alindajao and Osorio to the committee by: Morris Council Member Morris withdrew motion.
Motion made to appoint Alindajao and Vasquez to the committee by: Morris 2nd by: Solorio-Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
13) Discussion and Direction on City Council Hiring of an Outside Investigator Regarding Allegations Related to Mayor Pro Tem Vasquez (Councilmember Alindajao)
Mayor Pro Tem Vasquez recused herself and stepped down from the dais at 7:24pm.
Staff Report provided by City Attorney Richman.
Mayor Osorio opened public comment.
Yolanda Vega shared her concern that the allegations made by Mr. Gutierrez was in respect to records of a city employee being divulged and asked how did he get this information. She asked how HR confidential matter gets divulged and is it normal for that to happen.
Anthony Cortez shared his agreement with Ms. Vega and asked how that information got out, but this is the public business and shared his support of the investigation in order to find out what happen with all the facts.
Claribel Gutierrez stated that she blames everyone for not doing the right thing when they first got this information. She supports an investigation and finalize this for whichever way it goes.
She stated that we need to be transparent and be honest to the people they serve. She emphasized the reason why they are here is because the Council made it their business because if they would have taken care of it when they first made in contact of the information if the council hadn’t tried to handle it behind the scenes with the lawyer for a solution, they wouldn’t be forcing their opinion in this matter. She suggested to go through with the investigation and have closed case moving forward.
Mike Gutierrez stated for the past several months, he has alluded to reports by credible sources regarding conduct by the Vice Mayor that reveals habitual intentional acts of malfeasance that reveal she seems to believe she's above the law. He stated that in her wearing the badge of vice mayor, she can act unilaterally not as a council that she doesn't have to act within the restraints of the municipal code and has been going on for over a year with plenty of evidence of her actions, and the Council aware of her conduct. He referenced that each council member received over 600 pages of documents that confirms some of this and gives plenty of cause for an in-depth investigation. He suggested in an email to each of the council members that her actions be censured, denounced that the city council figuratively slap her on the wrist and let her know her actions are out of line and not acceptable and let the people know the Council is not complicit of her actions and would have settled the issue. Mr. Gutierrez further stated, but instead three of the council members including the Vice Mayor reelected her to Vice Mayor, he interpreted that as a slap in the face of the citizens of Delano, because he knew that at least three of them, the Vice Mayor knew all about her illicit conduct. Mr. Gutierrez shared that he took it as if they were saying we know but we don't care because their political agenda is obviously too big to care about doing the right thing. He pointed out that incidentally, the vice mayor at a city council meeting even admitted to the veracity of her wrongdoing. He stated that tonight, the Council will let the people know if they’re here for the people or for themselves as a transparent, legitimate and ethical body. He further argued that before they say they don't want to spend the money for an investigation he’s already made the case of the vice mayor, in the first year of office has cost the city quite a bit and has tainted the image in the county and caused havoc in the PD. He urged that they can't afford to not pay for an investigation as the cost of an investigation to settle this matter should not even be an issue for the fact that the investigation will allow the city to exonerate the vice mayor and instill community trust in the city council or it will uncover conduct that has to be crushed for now and forever. Mr. Gutierrez concluded that if nothing exists as some claim, if there is nothing there, nothing to hide, then there's no reason to stop the investigation. He admonished the Council to do the right thing for an investigation.
Yolanda Chacon Serna responded as to that being ridiculous sparse as she further stated the first time that she heard Mr. Gutierrez speak was when he called to complain about the Vice Mayor going to the Board of Supervisors, when parents of the DADD clients called the City, because nobody advocated for them. She added that the prior Council and including some on the current council made a backroom deal with David Couch for that houseless center. She argued that community people did not get the Brown Act right, nor did they get a right to a hearing or to speak and suggested that they investigate that. She referenced about the unethical contracts in which someone who does the loans and has a contract. As she posed whether everyone being dumb and quiet about this. She asked where is the revenue from some of the buildings? She claimed that the city is going backwards, though this town was becoming a wonderful town. Ms.
Chacon Serna asked where is the city manager looking out for our community, for our revenue, for our best interest, for our youth and they want to pretend they have something. She emphasized there is no evidence and criteria, or they would have filed charges. She further stated this was somebody's case and it was confidential, and the union rep would be the one to know, but if somebody had violated the law, Mr. Alindajao there would have been charges filed so instead they want false “Oh Mr. Investigator” and “false headlines.” She referenced about the grand jury recording on the majority that kept here for all these years with all the money that they've gotten so she asked why they are they low on police. She further asked why they want to hire some other code officers that they don't even have $400,000 to pay for, as she suggested that it be to squeeze the community; the way they keep squeezing them. She directed the council to look at what you really have done throughout all these years and do a real investigation on where the revenue is going. She stated that everyone came here to see the meeting of the year, but they know where it's going, and they will have interests protecting their interests; instead of this false smoking mirrors trying to pretend they're banging their drum as if something was done wrong.
She pointed out that something was done wrong as somebody leaked information of what… and asked, “where is the criteria? Where's the evidence? Where's the relevant you know, the law? Where is it? There is none.” She exclaimed this is a bunch of BS and they know it, but dared them to keep on trying to stir up the community, since they’ve had the majority for so long, and did whatever they wanted for so long; and this community has been neglected and paid the price for so long.
Marivel Servin inquired about the cost of the investigation and if claims are being made because some people lost to a fair election is what is going to take to quiet down these nay-sayers for whatever reason they’re against Vice Mayor Vasquez, then they should proceed with the investigation and get it over with as she’s tired of people every meeting saying the same thing.
Octavio Magana stated that some community members talked about transparency, but at the same time they've talked about moving on, which means that they really don't want to know the outcome of these allegations. He further added that this could possibly end up in hiding a wrongful act under the rug. He stated he would want an answer and Vasquez is in the wrong, then she must be reprimanded or removed from the council. He further stressed that all unethical behavior from city officials should be investigated, and it did not matter who the person is because they must be held accountable. If she is found guilty, Mr. Magana asked if it was possible that maybe she could be fined for the payment of the investigation. Lastly, he stated the accusation is a serious one and therefore they must move on with the investigation.
Suzanne Villaruz stated that she believes everyone comes with the best intentions. She also stated the gossip is bad especially since it’s reached her. She also suggested for an outside law enforcement agency to conduct the investigation. She stated that Mike Gutierrez is a man of honor and a gentleman. She also stated that the City Manager and City Attorney have done their due diligence and have been hired to be transparent and be told to do their jobs, but not do their jobs? She believes that the council will vote their minds and their hearts. She also stated that some people unwittingly added fuel to the fire because when they say that since there has been mention of information being leaked, then she wants to know what has been leaked and she’s curious of what that is and is in support of the investigation. Lastly, she gave a shout to Mike wherever he is and Marivel Servin for being the brave young women she is.
Gina Martinez stated that she requested public records. She stated that Mr. Gutierrez speaks for the community, in which she disagrees. She said before they waste the money to hire a private attorney to stir the pot, they need to make sure they do a very, very good job at it. She pointed out that Ms. Vasquez just came, and the problem was she's only been here one year, by which she added the problem existed beforehand. She stated that she will not be reiterating what Miss Dolores Huerta, Yolanda Chacon or Lupe and Maria Martinez which she’s no relatives to. She expressed that this is a shame that this is being entertained. She suggested to focus the money on real issues. She stated that Pastor Vivas has real issues and is a peacemaker, so she thinks that they can get together without having to make bigger, but they are going to get an outside investigator, she pleaded to start with the problem beforehand. She inquired to know where that other money went and why she doesn’t have water which has been for a long time because it costs a lot of money to filter a house. She again pleaded, for the Council to not further entertain the allegations and the gossip which she’d rather the money go to the youth. Lastly, she stated people have different motives for having Veronica Vasquez to be removed.
Susan Price stated at the February 22nd meeting, Miss Chacon stated that a Delano resident which is the DADD, Executive Director Mike Gutierrez was given access to city personnel records which she believes that should be a concern to all city employees, non-safety and particularly for safety. She disclosed as a person with family and friends and law enforcement, it concerns her greatly for their personal safety. She asked the Council to refer to Penal Code 832.7, where it states, “the personnel records of peace officers and custodial officers and records maintained by a state or local agency pursuant to section 832.5 or information obtained from these records are confidential and shall not be disclosed in any criminal or civil proceeding, except by discovery pursuant to sections 1043 and 1046 of the evidence code. She also referred to the California attorney general opinion 99-805 where he was questioning does the disclosure of peace officers do personnel records in violation of Penal Code Section 832.7 constitute a crime and she added that he concluded the scope disclosure of peace officer personnel records in violation of Penal Code Section 832.7 may constitute a crime under the terms of government code section 1222, if the conditions of the latter statute are met. She further asked if the investigation data was released under this Government Code. She elaborated as for the article that she’s been hearing about, it really was an opinion piece because Jose Gaspar knows as a journalist, he’s to get all sides and report on facts, not just citing with their personal friends. She further claims, this opinion piece appears to have been entered into this matter as evidence, in which she poses questions such as, “Who was the person that was allowed unauthorized access to HR personnel records? Who gave that access? What personal and governmental consequences is there for the unauthorized access? What litigation risk does the city have regards to the city employee to gain this unauthorized access? Is this retaliatory in nature? What are the common relationships of the accusers? What do they have to gain or lose? Is Ms. Vasquez, a threat to someone's personal or political career?” Ms. Price concludes that this appears to be personal, and it appears that it is without merit.
Lupe Martinez shared that he agrees with Ms. Martinez and Ms. Price. He is happy with a lot of things that the Council has done and listened to the community members. He shared his disappointment with the chisme, rumors, allegations and creations of divisions that are happening. He referenced the grand jury’s team building, but that’s not what's happening. He pointed out what is ironic to him is that the same people complaining about divisions and all the allegations and everything else are the same ones who are creating the division. He suggested for the Council to look at Facebook, look at the social media, look at the special reporters, the special reporter investigators and they’ll see it’s all one sided; and playing politics, because that's what it is. Mr. Martinez stated that instead of conducting the business at all, everyone was elected to conduct for this community to make sure that we have the best, good water, clean air, and that kids are safe. He emphasized that is what he wants them to all concentrate. He reminded the council, that there was a council member and he can go back and they can go look at the minutes because there had been so many of the things that if they were not corruption then he doesn't know what they were. He further elaborated that there were members sitting next to some of them who violated the FPPC and no one said anything about that. He stressed there were so many other things that he can go down to, such as R&F contracts, the agreement, and those were other council members that are not them, but some were and they all were part of that; which was a total debacle. He added that the Council allowed Measure U to continue for 2012 and he’s going to continue to say that because they've allowed it. He asked, “What is the evidence? What is it that we're talking about? What is the allegation at this point? What are we doing?” He thinks that they need to be careful that they don't start setting down a precedent for chismes and allegations that are not there. Lastly, he warned the Council to be careful to make sure that they don't do character assassinations because then the lawsuit will be up against the city, which is even going to cost them more money.
Maria Martinez stated if they want to continue with an investigation, then they should continue with the last Council Member Vallejo, so if they waste the money to investigate Vasquez, then start with Vallejo.
Gloria Herrera stated that the city does not have the money to spend it on this to find out that it is not true, if it’s true, she believes it can be taken care of either way. She warned the Council that there may be a defamation lawsuit if it’s not true.
Pastor David Vivas clarified that Mr. Gutierrez didn’t get this from anyone from City Hall which he referenced from the minutes. He shared that for a whole year he listened and he learned and asked questions. He learned the do's and don'ts of being a board member. He stated that board members sometimes make mistakes, sometimes they may violate the Brown Act and not even realize they're violating the Brown Act, but one thing that he’s learned about the people here in Delano is that the people in Delano are very forgiving. He doesn't know if the vice mayor is innocent or guilty of these situations, but assuming she is, she should say that she made a mistake and didn't realize that. He further stated that if she's innocent, then there was a misunderstanding here, which is a part of transparency. He shared that that it is awful when one is accused of something that one is not guilty of, in fact, he shared about one of their friends circulating something about him on social media, so he got that court record which had his name on it stating that he was a wife beater… battery. Pastor Vivas disclosed that he displayed it to his congregation, and he said, “It's got my name, and it's got the year, but guess what, it wasn't me. It was a primo that has the same name like me.” He stated therefore when there's a misunderstanding, and somebody says you did this, you didn't do it, then it's time for transparency, so that we could settle the issue, but it's when a person if the person is hiding something, then of course, it's going to prolong. He concluded that if this is a mistake that has been made, and this is true, he knows one thing about this community, that this community is very forgiving.
Jordan Gorospe shared that the allegations are absurd. He would just really like to say that you as a council they should be embarrassed representing the city wasting so much time now potentially wasting money where they can be putting this effort into (inaudible). He asked the Council what have they done for the youth as a city council? He clarified, not just talking about athletics because there are a lot of things going in the high schools that they are not even aware of. He emphasized that these kids need help, they have mental problems. He further asked what is the city doing for the youth, as so much time has been wasted on this silly allegation. He believes that they should be embarrassed to put another council member on the agenda, in which he’s never seen that before. He asked the Mayor, “How would you feel Mr. Mayor, if you were put on the agenda item for the next week?” He thinks that there are more important things that the city needs to be involved with and look forward to than these items being brought right now.
Arthur Rodriguez asked who started this and if it was Alindajao.
Lydia Rodriguez shared that she just started attending these meetings, three meetings ago. She further stated that she’s never been so disturbed as an adult. She knows that back in the day when she was younger, she made a lot of mistakes, said a lot of things that she shouldn't have said, did a lot of things that she knows that she shouldn't have done. She’s heard everybody speak and everybody has made good points. She pointed out that they need to be adults, they have a community, not only of adults, but a community of children, going to high school that probably know what's going on in the city council because of course, parents talking to the kids here and they think the kids don't go back to school and tell everybody what's going on in the community.
She emphasized that they should be transparent, but for the right reason. She stressed that they have children looking at them, so that when they grow older, they can lie and they can shove things under the rug and they can act like if nothing happened. She teaches her grandchildren not to lie, to be honorable, to do the right thing and when she catches them saying things that that aren't right, she corrects them because she wants them to grow up with integrity. She wants them to be looked at as a person that can be trusted and it's very sad because now she looks at the city council members that she doesn't even know if she can trust and they are handling the city’s business. She concluded that if they say they speak for them, then they want them to speak the truth.
Mayor Osorio closed public comment.
Council Member Morris shared that she would support the investigation to find out whether or not the allegations are true or not.
Council Member Solorio-Ruiz asked Council Member Alindajao what exactly is he wanting to investigate and why.
Council Member Alindajao made a presentation.
Council Member Solorio-Ruiz stated that he will share the foundation for his opinion on this matter. He asked Council Member Alindajao, “Do you truly believe that this investigation will further unify the council and the community?
Council Member Alindajao responded that's a tough question because it's never easy to hold each other accountable, so they have to weigh the equities and determine whether holding each other accountable to the public and allowing the public to see the transparency of their work is more important or less important than potentially dividing the council. He stated that he doesn't, believe this is going to further divide the council. He thinks that they're going to continue to do the work of the people because each and every one of them is committed to advancing the public good, so he doesn't believe that if they move forward with the investigation, someone is not going to do their job later. He affirmed that he has confidence in everyone on the council, including Vice Mayor Vasquez that they're going to continue to do the work of the city. He further clarified that for other council members, they’ll have to weigh the equity, though he believes this issue is critically important for the public, not so much for them.
Council Member Solorio-Ruiz asked if Council Member Alindajao has personally spoken to the Vice Mayor about this matter before asking for an investigation.
Council Member Alindajao responded in the negative.
Council Member Solorio-Ruiz asked what the reason behind that was.
Council Member Alindajao responded that there was no reason.
Council Member Solorio-Ruiz stated that he believes that Mr. Gutierrez is the DADD Director that received push back from family members including Vice Mayor Veronica Vasquez when the houseless navigation center was being discussed. He stated that one can assumed that Mr.
Gutierrez is championing this to further embarrass and get payback for the pushback he received from these groups and the Vice Mayor. Council Member Solorio-Ruiz further stated say that it is concerning that there has been a breach of HR confidential information released to the public, specifically on social media. He also specified as to what exactly was released such as the occupation and what the relationship is with the council member and the details behind the matter. He also understands that the leak should be dealt with through the proper channels should be dealt with through the proper channels, but he believes it's appropriate to ask because it is the allegation. He asked Council Member Alindajao, “Did you in fact, provide the personal HR information to Mr. Gutierrez and the community in order to build a case for this investigation? Council Member Alindajao responded in the negative and added that he does not have any information presented tonight that supports that. He further clarified what he presented tonight was a snippet of a pattern of interference in the city government to make that case.
Council Member Solorio Ruiz asked City Attorney Richman, “Do you see anything legally wrong with not supporting this investigation because perhaps that public records request that was quoted could have already satisfied council members’ concerns about this incident?” City Attorney Richman responded that she cannot point out any legal requirement to undertake in this particular investigation. She further clarified that there is no legal requirement to that the Council undertake or not and it is a policy decision.
Council Member Solorio-Ruiz asked the City Manager, “How many times has she seen a council member investigated by the authority of the City Council?” City Manager Reyna responded that a member of the public already answered that.
Council Member Solorio-Ruiz shared his thought on the proposal in respect that the issue he sees is a bigger conversation that they must all have, which whom is the individual championing this.
He adds since the 2020 city council campaign, since being elected to office, Councilmember Alindajao, along with his support group, have worked hard to paint the image that himself, the Vice Mayor and the Mayor as unfit for office and that Delano is in crisis, but specifically failing under their leadership. He emphasized that when this council, he believes in his opinion, has done much more than any Council before them. He claims Council Member Alindajao wishes to see the community distracted from the good work he and his colleagues have done and will continue to do and he will no longer stand for that. He stated that it is a concern, when a councilmember fights harder to take a colleague down rather than focusing on policy that will help the Delano families and uplift our community. Council Member Solorio-Ruiz, directed to Council Member Alindajao, stated that he himself accused the Mayor on a Facebook post that they were all tagged on by him that he often chooses personal politics over unifying this council for the betterment of Delano and he goes on to say it's time for Bryan Osorio and his majority crew to put personal politics aside. He further states that, Council Member Alindajao shared a Facebook comment which signifies he agrees with the following statement, “We have inexperienced people who are voted in making a mockery of our city. Save our city.” Council Member Solorio-Ruiz stated that he wonders if he wouldn't have posted and shared those comments and he would have become Mayor this past December. He then posed the questions, “So who is truly dividing the council when the majority of council members agree to something?” He references that at times it has only been Council Member Alindajao opposing it during his time on this council in which he has seen Council Member Alindajao act like he is in a courtroom when he questions the guests, we have who come in and want to provide resources and guidance for the city. As a result, Council Member Solorio-Ruiz has had to reach out to some of them and apologize for his behavior. He stated that Council Member Alindajao expressed that they should not be prioritizing their undocumented community or LGBTQ community issues, food distributions or even signing on to resolutions supporting statewide policy. He asked whether this is what they are what they should be prioritizing instead… tearing each other apart. He stressed how they hear the constant advice from community members stating that they too wish for them to get back to work and he happens to agree. He shared his thoughts about concerns they can deal with through the proper channels, not put all of their dirty laundry out. He adds that not only does the community not want to hear it because they've got problems of their own as people are just trying to survive. He concludes that he shares all of this because analyzing the motive behind any policy is vital and because his proposal tonight is that they end this once and for all, they end the divisiveness and enough is enough. He requests that they do the job that we were elected to do and run the city and deliver for Delano families.
Council Member Alindajao responded to Council Member Solorio that he’d put his reputation, standing and the work he’s done in the community against him any day. He pointed out that this is the same person that stated in a Facebook post, after talking about victims of crimes and telling people that he doesn't blame anyone for the deaths of their kids, he blames the system. He claimed that is his nature and he doesn't hold anyone accountable.
Council Member Solorio-Ruiz responded that he’d rather have a face to face conversation with him or pick up the phone and give him a call about a matter, not publicly put it out there on at the council. Council Member Solorio-Ruiz asked asked, “Why?” and answerd that it is because it's all about intention.
Council Member Alindajao responded, “Welcome to the city council… welcome.” Council Member Solorio-Ruiz responded that he’s not going to have a conversation with bullies.
Mayor Osorio asked Council Member Alindajao how would he believe they would move forward as a council in the case that the Vice Mayor’s reputation and character in question and whether she’s telling the truth or not telling the truth… so therefore asking what would be past that.
Council Member Alindajao responded that they would continue the work of the community. He further clarified that some people might not see this as serving the community and for whatever reason people are having a hard time handling this process of accountability and censor. He elaborates that this happens in the federal government with congressmen and senators getting censored for wrongful conduct. He emphasized that this is not a separate issue, this is their issue and reiterated his prior comment that it is up to them to police each other. He provided a scenario in which he would be advancing his own interests and cause by reaching out to the City Manager and the Chief and posed the questions to the Mayor, “Would you have any problem find out and investigating if I did anything wrong?”
Mayor Osorio responded that he would definitely reach out, but this leads him to his question, which is in that scenario, if staff alerted him about this action and asked for himself or for the council to take action on this, he would definitely want to address him. He adds that this is where it gets to this complex scenario where, they as a council are going to be judge and jury as to whether they want to do this. He’s asked if this was ever addressed the Vice Mayor about this or had a dialogue on whether she would want to clarify her statements or they were just attacking her and putting this on the agenda.
Council Member Alindajao responded that he doesn’t agree with his description as to an attack.
He reiterates that though it is difficult for people to see this as apart of their job, but it is a part of their job to police each other and hold each other accountable to follow the law. He further stated, without divulging confidential information, he believes that the evidence will show, as he pointed out that he just found about this issue in December, that this has been going on for over a year. Council Member Alindajao emphasized if they want to talk about transparency as why he didn’t go to the Vice Mayor, he pointed out that there are people on the Council that knew about this problem for months before he found out about it. He posed the question, “What do we do with that?” He stressed that is a problem and they are going to take this issue, it is a part of their job, so he would want someone to investigate him if he was getting favors from the police department. He clarified that this is not a vendetta. He further states that there is clearly a majority on this Council, in which the Grand Jury sees it, and everybody sees it. Council Member Alindajao adds that when he has Council Member Solorio-Ruiz going after his credibility and standing in the community as his argument; that is what’s advancing the divisiveness. He stressed that they stay on the issue and argue the issue they will be on the winning side or the losing side, but he’d be ok with that, but to bring his reputation and standing in the community as his number one argument, he asked again as to who’s being divisive. He clarified that he isn’t attacking anyone, he doesn’t have anything against the Vice Mayor, but her conduct.
Mayor Osorio asked as to the people who’d be most relevant to the investigation, did Council Member Alindajao consult them before bringing this up on the agenda.
Council Member Alindajao responded in the negative. He further stated that he doesn’t know what the City Manager would tell an investigator, nor would he tell the City Manager what to say, as that would be inappropriate and that would be the Mayor’s choice to believe him or not believe him. He asserted as to the extent of, “Let’s Collude,” he responded, “Absolutely not.” Mayor Osorio clarified it wasn’t as to colluding, but more so as to them feeling comfortable participating.
Council Member Alindajao stated that he wouldn’t know. He also stated that his objective bring this before Council, presenting the issue, what are the options, and what do they want to do with the options. He knows how he feels about it, but if the Council votes against this investigation, he’s going to move and maybe have Chik-Fil-A tomorrow. Council Member Alindajao stressed that he’s appealing to the Mayor’s senses as to, “So what if it’s never been investigated, so what if a council member has never been investigated; what difference does that make?” He emphasized as to whether they will be a principled body or an outcome based body, so he’ll be happy to move. He referenced the fact that he will be working with he Vice Mayor as they are both on the crime prevention committee and has no problem.
Mayor Osorio stated that it makes him wonder if this approach is going to be productive in how they proceed in the year or council members throughout each of their terms. He stated if they have staff being put in uncomfortable situations to weigh their opinions or feedback as to what happened and telling Council to share what happened wouldn’t be his first take. He asked if this would be the only way to address this issue of transparency and accountability as he referred to Council Member Alindajao’s presentation as to matters being dealt with this internally as they have not had an opportunity to discuss this internally, instead they’re discussing this with the public. He added that rather having an honest conversation with each other about what is it that they’re considering because it was alluded to some exhibits but is there more that is to considered to factor into their decision.
Council Member Alindajao responded that there is more information but informed the Council that the only way to get to that information is to waive their attorney-client privilege, then everyone would know the truth and it is within their power. He referenced to Mr. Martinez’s comments as to he also wanted to know the truth, but these are the folks that hold the power to the truth. He posed the question, as to the Council setting a precedent and letting this go, he guesses that they’ll see because he doesn’t know. As to another solution, they are to weigh the equity of them wanting include their family in the discussion as the law encourages them to do or will they want to put it behind closed doors and not be able to say anything. As to whether he wanted to handle it internally, he believes that there was an opportunity to handle it internally by folks that knew about it. He shared that he’d be open to discuss this in closed session and open to a different solution. He stated that when they have a council member abusing their authority and position, they should be stopped because nobody wants that, so he wants it to stop because it creates a hostile work environment and put employees in fear. He reiterated that’s what he wants, but in speaking of moving forward, they need to consider staff, but when employees are compelled to call the Vice Mayor and expect the Vice Mayor to interject herself into the issue is the problem. He would want that to stop; however that is in it stopping.
Council Member Solorio-Ruiz asked City Attorney Richman asked if she’s ever waived attorney-client privilege and would she recommend that.
City Attorney Richman responded that she does not waive it. She advises the client, and they hold the privilege, but there have been situations where city councils decided to waive attorneyclient privilege information.
Mayor Osorio asked if they could consider an alternative before they escalate to this investigation. He sees that this would look like a conversation within them, but right now it’s highly escalated and make people uncomfortable approaches.
Council Member Alindajao agrees with Mayor Osorio that this is uncomfortable, and it is not fun, but this is the difficult work of the city council. He said there will be some issues raised in the investigation if they waive the attorney-client privilege documents, so would that create liability for either the vice mayor, the city or both.
City Attorney Richman stated that she’s loathed to give that kind of advice publicly. She suggested to be considered that they can take this to closed session as to potential exposure to liability.
Council Member Alindajao asked if this is tabled and go into closed session regarding the attorney-client issue, he further asked if closed session items are confidential and against the law to disclose.
City Attorney Richman explained as to what would be reported out.
Council Member Alindajao provided a hypothetical in which a resolution is reached in closed session, how would the public know about that.
City Attorney Richman responded that a brief statement can be reported out by the City Council.
Mayor Osorio responded that he’d lean that way as to an alternative to be open with each other in not such public setting right now.
Motion made to table agenda item no. 13 until further direction and set a closed session discussion on the potential liability arising from the discussion on waiving the attorneyclient privilege by: Alindajao 2nd by: Osorio
Vote: 3-1
Ayes: Osorio/Alindajao/Morris
Nays: Solorio-Ruiz
Absent: None
Abstentions: Vasquez
Mayor Pro Tem Vasquez returned to the dais at 9:38pm.
Motion made to table agenda items 14, 15, 16, 17, 18 by: Alindajao 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
14) City Council Team Building (Mayor Pro Tem Vasquez)
Item tabled via council motion.
15) Discussion and consideration of eliminating yard sale fees for the issuance of yard sale permits
Item tabled via council motion.
16) Discussion regarding Ordinance to allow Cannabis uses in Delano (Mayor Osorio) (Continued from February 22, 2022) (This matter will not be discussed at the request of the Mayor)
Item tabled via council motion.
17) Discussion and direction for a market study regarding local regulation of cannabis (Mayor Osorio)
Item tabled via council motion.
18) Discussion regarding the addition of two new positions for Code Enforcement Item tabled via council motion.
DEPARTMENTAL REPORTS
City Manager Reyna reminded everyone about the General Plan Meeting on March 17.
COUNCIL STATEMENTS AND REPORTS
Council Member Alindajao: He requested a staff report on the 2nd meeting in April regarding the current hiring practices and recruitment for more police officers, so he’d like to know what they’re doing now and what can they do better. He thanked staff for working a long day. He stated that he had really good conversation with Mr. Cuco Rodriguez and other members in the community to getting involved in the Crime Prevention Committee, so he’s looking forward to being on the right track.
Council Member Morris: No items.
Council Member Solorio-Ruiz: He shared that he was communicated by Laura Vega that they no longer have room in the animal shelter, so he encouraged everyone to spay and neuter. He also stated that he has not been contacted by developer or investor that they are halting a project as he encourages development. He wanted to see if they can discuss the PR staff member at the next meeting or can put that on the City Manager. He still encourages people to wear their masks and get vaccinated.
Mayor Pro Tem Vasquez: She stated regarding what came up today and people wanting her to speak on the matter, she has been advised by her counsel not to speak on the matter because there could be an investigation and she cannot be impeding on that.
Mayor Osorio: He participated with Kern County Count to identify the number of unhoused individuals in Delano. He commended Marivel Servin, Mr. Cauthron and other volunteers for helping. Thanked staff for the partnership with Komoto Pharmacy and other community organizations for the vaccine clinics.
CLOSED SESSION
No items.
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Council Member Morris, seconded by Solorio-Ruiz, and unanimously carried 5-0 to adjourn the meeting at 9:45p.m.
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Ricardo G. Chavez, City Clerk