MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
March 21, 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 in behalf of Eddie Ahumada.
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, Transit Manager Zamora
PRESENTATIONS AND AWARDS
Mayor Osorio presented the Proclamation for April 2021 as DMV/Donate Life Month.
Finance Director Rios presented the Featured Pet – Tina.
Finance Director Rios presented the Featured Business –Silvia’s Clerical Solutions
ITEMS FROM THE PUBLIC
1. Dr. Jasmeet Bains provided an invitation for a Narcan drive at Delano Family Motors.
She shared about her concern over drugs and how fentanyl has been laced in much of the street drugs. and how Narcan is a medication to help save a life from an opioid overdoes.
2. Irma Arredondo congratulated the Council for the improvements throughout the city and the streets being fixed.
3. Anthony Cortez thanked Council Member Alindajao for the civics class at the last meeting. He stated that he worked for Delano Logistics Services, Caterpillar, and Target Distribution Center in Shafter. He shared that at all the companies provided the rules and regulations, but one of the companies, they reviewed the rules and regulations in which he would sign a paper acknowledging as such. He was wondering how’s it’s done in the City of Delano. He admitted that he didn’t’ review the entire book himself, even though he signed it anyways that he read and understood it. He knows that everyone makes mistakes, so he asked the Vice Mayor to admit her mistake. He also stated that this could have been prevented and not be talked about. Lastly, he stated that they are family in Delano, and they will remain that way even though they have disagreements.
4. Mike Gutierrez addressed Council Member Solorio-Ruiz regarding the last city council meeting, at the defense of the vice mayor in opposition to an investigation into her alleged wrongdoing, he made incorrect assumptions about his motives regarding the vice mayor. He added that one day he may be able to explain the truth, but he only has 180 seconds to speak. Therefore, he stated that he addresses issues that are more important to the people, issues that are much bigger than his opinion about himself. He stated that one of his statements he said an investigation to identify wrongdoing by a city council member isn't his primary concern and that he’s more concerned that there's been a breach of human resource confidential information regarding the wrongdoing of the vice mayor.
Mr. Gutierrez surmised that it seems by his statement, he admits the information is truthful, because otherwise he would have nothing to be concerned about, as he’s more concerned that truthful information that is potentially damaging to his colleague is in the public domain. In addition, he added that Council Member Solorio-Ruiz didn't want the public to know any more about it and asked, “Is that what you're saying?” He emphasized that because that's exactly what his actions are indicating as he did not support an outside investigator or even a closed session review by the city council. He therefore concluded that he doesn't want transparency. He explained that according to his words and actions a relationship of trust between you and the citizens of the Delano isn't the most important thing, but instead it’s defending your colleague, concealing truth, and further information from the citizens of Delano is more important. He elaborated that whatever his excuse against any kind of investigation doesn't matter because his actions thus far show he wants to keep the truth of this matter from those of us who are most affected by it. He encouraged Council Member Solorio-Ruiz to reconsider his support of an investigation and display to the good people of Delano, his loyalty is first to them. He affirmed in regard to his primary concern, no one in the city human resource department leaked any information to him or to anyone he’s ever spoken with. He stated that he considers that as an excuse, that narrative a sideshow designed to distract the citizens of Delano from the real issue. He shared that the citizens of Delano are much smarter than to fall for that. He reiterated to Council Member Solorio-Ruiz that if one of his colleagues is doing something wrong and he’s covered it up, no matter what excuse he uses, then he is also doing something wrong. He stressed that his actions might be deemed worse if one of his colleagues is engaged in ongoing wrongdoing and violation of sworn duties as an elected member of the city council and he attempts to keep the truth from the people, then he is working against the people whom he swore to serve. Lastly, he again encouraged him to change his position and support an investigation.
5. Yolanda Chacon Serna asked if there was any violation, and if anyone should be saying “I'm sorry”, and an apology should be made, it should be the city manager and the attorney because this is known as fact, for those people who don't know how unions work, an employee would have the grievance procedure that would have to be filed in a timely manner. She further explained that it is followed by a meeting and if it was a verbal a progressive action would be taken at a suspension. She added that if it was not resolved, it would go to mediation or arbitration, and this is under the National Labor Relations Act and the bargaining agreement. She shared that if in fact anybody spoke to anyone below the city manager, they’d be found by the chair of the Bylaws Committee of the Personnel Committee, there should have been a closed session where the policy would be read to everyone, and they would be saying this is bull. She related this to the same way that Mr. Alindajao called a press conference over somebody else calling DA, Zimmerman a “whatever they said” on Facebook, trying to smear their candidates at the time. She emphasized that this is a far stretch trying to pretend that when there was violation of FPPC reports to a state governing body, everybody here sat here and never said anything for years. She further added about videos to be made in this chamber for people's campaigns, which is also a violation. She asked, “How do you only know laws when it only pertains to trying to make smoke and mirrors and trying to assassinate someone's character?” She claimed that this city is at liability for a lawsuit and there was a crime committed if somebody was leaking someone's personal information from whichever it came from, if it came from the police department, the city or wherever; that’s crime. She explained for one to ask for somebody's credentials, who is the CEO, that's their job as board members which they should all know and they should give it a list of their accomplishments at the end of the year, as well as able to see what education because if they're new here, they don't know each other. She stressed that's how one builds communication, not making smoke and mirrors and false accusations because they said it themselves it was administrative error. She criticized that trying to make a crime and trying to make a name for themselves and the way they used their voice on the person who gave a proposition here for the masks and so forth. She further stated that he grilled her like if she was on the stand and that was very disrespectful as she was a very quiet, soft spoken professional woman, and he was not. She claimed that was an embarrassment to their community and pretending that all this smoke and mirrors he has been doing, giving people misinformation is wrong. She stated that she deserves an apology, and he knows it.
6. Claribel Gutierrez invited everyone to the Kiwanis Easter event.
7. Fernando Bravo shared that he has a couple of supporters with him and they would like bingo brought back. He went through the supervisors Rosa and Sumeet. He then stated that he went to speak to Maribel at City Hall and was denied. He said that they’ve been told that it was due to COVID, then it was illegal, but he referenced that there is bingo at Guadalupe Church. He shared that people at the stores stop him and ask him when they will be getting bingo back. He also stated that they were suffering at 105 degrees when they were getting their lunch and the building was closed.
Mayor Pro Tem Vasquez requested if the services provided for the seniors can be placed on a future agenda.
8. Pastor David Vivas stated that seniors are just as important as youth and the seniors are here to build a foundation for the youth, so do not undermine the seniors. He thanked Council members for attending the vigil that we held last Monday here in Delano for the arrests of the three individuals for the homicide of Nayeli Gonzalez, which was a great accomplishment to the Delano Police Department and all the agencies that were involved in that investigation. He added that these agencies exist for safety in the community and so they've got three individuals if guilty, will never be on the streets again. He further stated that there are still people out there that are on the loose and their loved ones deserve justice. He asked Mayor Osorio if he could ask Council Member Solorio-Ruiz if he could explain to himself and other parents and family members who have loved ones that have been shot and murdered in cold blood as referenced when he was a candidate he had said in front of City Hall as he asked for an explanation on what did he mean when he says he does not blame an individual when it comes to the murders of our loved ones, but he blamed an entire system. He stated that he’s emailed him, and he has not gotten a response and all he wants is an explanation. He clarified that he is not here to be accusatory. He said sadly, they live in a state where lawmakers have made criminals to be the heroes and have been lenient on crime and they have made victims to be the bad guy, so he’s thankful they don't have a district attorney like Los Angeles that is extremely lenient on crime. He reiterated that's his only question and requested an explanation.
9. Arthur Rodriguez asked that he would like to get a copy of the rules and regulations.
10. Anai Paniagua, Loud for Tomorrow youth organization, commented about the past few General Plan Open House meetings. She stated apart from staff, she’s only been able to see QK employees and about less than ten community members. She stated that she’d love to see what QK has on record and how many actual community members have attended that aren't employees on staff or are friends of staff. She related at the first open house she attended with some young folks that live in the community, attend schools to get feedback on how the QK team could improve their outreach efforts; and the feedback was taken and accepted. She added that they shared this packet in their last meeting that created a policy for the next general plan. She shared that this mistake happened, the lack of community outreach or lack of wouldn't happen again, but sadly she saw a bunch of the same thing. She reported that there was a lot of community members, as for translation, they maybe had packets that were in both English and Spanish, but there wasn't Tagalog, there was no translators. She believes it's crucial to have that accessibility especially because these communities have the best analysis or the best ideas on how to better communities. She shared her understanding as to hiring an organization or a corporation, from out of town, where most folks are actually not from town. She asked how they expect them to understand how to outreach through this frontline community that is simply trying to survive. She stressed that they need to make an effort to include as much voices as possible in this process that's currently happening and apparently from the timeline, it's going be about a year until they approve the plan. She shared that they all need to make more of an effort to include as much voices as possible to improve this community together. She added that she knows a lot of people have to say Delano is a great example of what the Central Valley could be, and she thinks they could definitely step it up because this is a process that is taking a few months and they have time to get better. She offered to brainstorm together with QK, the planning commission or whoever is in charge of this, and also just involve as much community members as possible.
Mayor Pro Tem Vasquez requested to place this item on the agenda regarding the outreach and suggested a collaboration with the person that just spoke.
11. Suzanne Villaruz thanked Joey, Mike Gutierrez, and Yolanda. She suggested that we focus on green space and a budget to maintain green space. She approved the idea around the Methodist Church. She also suggested how other cities make their facilities look pretty and maybe they can do that. She shared how she’s a school board member and she’s trying to make the schools look pretty. Lastly, she’s tired about the “he said, she said” and an investigation would clear all that up.
12. Unidentifiable person stated she works with Loud for Tomorrow and shared her criticism about how they don’t have translators at the General Plan meeting as her parents attended and only spoke Spanish.
Mayor Pro Tem Vasquez asked in regard to the speaker’s comments if not having those items and interpreters, does that mean we did not meet the requirements, so she’d like to have staff look into that.
Interim Community Development Director Mynk provided a response. (inaudible)
13. Yolanda Vega requested an update on the Homeless Navigation Collaboration to be placed on the agenda.
14. Lupe Martinez thanked the many people who attended the first advisory meeting group for the Department of Toxic Substance Control. He also shared his concern regarding the comments about the youth and if that’s the kind of hate they’re going to have with the Crime Prevention Committee, then they’re in trouble.
15. Virginia Espino requested to be placed on the agenda a discussion of disc golf and shared the benefits of the sport.
16. Valerie Jasso Gorospe, spoke as Delano’s Planning Commissioner, referenced legislative policy SB1000 and the key thing about SB 1000, it's the EJ element for general funds for cities. She emphasized the key word that she refers to often when looking at that policy is “meaningful.” She informed the Council that SB 1000, authored by Senator Connie Leyva, requires the local governments like City Council, Planning Commission, etc. must identify and describe any disadvantaged communities and Delano falls under that category. She further added that they have meaningful and tailored environmental justice goals, policies, and objectives to address the needs of the communities. She suggested that they pose the following questions, “What are we doing? What have we done? and what are we going to do to implement and use SB 1000?” She asked if the SB 1000 toolkit used and consulted to for assistance or the general plan meeting. She asked about the logistics as follows, “Were there any posters or flyers or announcements posted or shared anywhere in between, was anything on social media posted, like the City of Delano, what considerations were made in regards to language access, do we have online versions of surveys or questionnaires, what is the comparison of the last meeting to last week's meeting, were emails sent to the planning department or any kind of correspondence on the department or to the planning commission to ask for fliers to share with the community.” She reiterated, as a Planning Commissioner for the city of Delano, she'd like them to take a look at some of the concerns that they heard tonight, and she wants to see what they can do together. She further added that after they reflect on some of these questions on the importance of meaningful community engagement, really wants to work together to get them a wonderful, inclusive general plan for the city of Delano.
Mayor Osorio requested an update on the General Plan.
17. Abraham Jimenez referenced about Robert Gonzalez chastising the Council at the last meeting about a recall, in which Mr. Jimenez called Richard inquiring about the process of the recall, so he asked the City Attorney. He clarified that he’s not interested in it, but he’s just trying to find out.
City Attorney Richman stated that she does not provide legal advice to the public and informed Mr. Jimenez that he would have to hire his own attorney.
Mr. Jimenez concluded that they shouldn’t be worried and if they’re not doing a good job, then try harder.
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 $1,913,787.45
3) Minutes of regular Planning Commission meeting of February 9, 2022 4) Confirmation of actions taken by City Manager as Director of Emergency Services Pursuant to City Council Local Emergency Proclamation of March 16, 2020 and Delano Municipal Code 2.44.060 in response to COVID-19 pandemic 5) Adopt a resolution of the City Council of the City of Delano declaring there are unmet transit needs within the City of Delano which are reasonable to meet (Resolution No. 2022-13)
6) Award Long Range Transit Plan to Moore & Associates’ and authorize the City Manager to execute all necessary agreements (Agreement No. 2022-21) 7) Resolution of the City Council of The City of Delano authorizing designated positions to execute any actions necessary for obtaining financial assistance provided by the Low Carbon Transit Operations (LCTOP) and authorizing the utilization of LCTOP funds to offer free and reduced fares for fixed routes and Dial A Ride in the amount of $129,248 (Resolution No. 2022-14) 8) Acceptance of the 2019 ATP3-SRTS Intersection Enhancement and Improvement Project ATPL-5227(061) – RE-BID and authorizing the filing of the Notice of Completion
9) Resolution of the City Council of the City of Delano approving the application for grant funds for the California Natural Resources Agency Urban Greening Program (Resolution No. 2022-15)
Motion was made by: Morris to approved items 1 – 8 on consent; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 4 pulled by: Suzanne Villaruz
Reason for being pulled: She was hoping that was the plan that would be proposed as the city looking in establishing a town square and she’s excited in supporting the application.
Staff report was provided by City Engineer Dowling.
Lupe Martinez asked what the amount of the grant is and what does it cover.
Yolanda Chacon Serna shared her support of the proposal for a town square and the benefits.
Mayor Osorio closed public comment.
City Engineer Dowling shared that the estimate is being worked on, but he estimates the cost is about $750k-$1 million, but they’ll be finding out later this week when they’ll be eligible for.
Council Member Alindajao asked if there is cap or limit.
City Engineer Dowling stated that it will be higher than the cap, but some things are not eligible such as grass and trees. He also answered that the cap is more than a million.
Motion made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA
10) Appointment to fill vacancy on the Planning Commission Staff report provided by City Clerk Chavez.
Mayor Osorio opened public comment.
No public comments.
Mayor Osorio closed public comment.
Council Member Solorio-Ruiz asked if City Clerk Chavez found out about this vacancy on March 14.
City Clerk Chavez responded in the affirmative.
Council Member Solorio-Ruiz asked for City Clerk Chavez to list his outreach strategies.
City Clerk Chavez referred to his staff report.
Council Member Solorio-Ruiz stated that the last Facebook post was on February15th, so he wanted to see, if appropriate for this item or if it comes back as another item, but he goes back to what a lot of folks talked about as far as outreach that goes into certain things as far as the general plan meeting, in addition to the board what strategies are they utilizing to outreach to those folks, who at times we don't reach. He inquired that he doesn't know if that's something that they can discuss today or at a future meeting where they have logistics as far as before they bring an application forward to the council and provid an example, they can have one communication via email to council members notifying them of a new vacancy, second: they could be a posting on social media, and third: announcing it at a council meeting before they bring it to a vote, so that's what he has on his end as far as what he would like to see. He clarified that it’s not only on this item, but on future committee items. He added that he doesn't know if that needs to be its own item or just internally something that they can discuss as far as logistical approaches to appointments.
Council Member Morris thanked Thom Casey for his service.
Mayor Pro Tem Vasquez suggested that it would be courteous of informing the Planning Commission of the vacancy before they bring it before the Council, as well as announcing it here. She further shared about the outreach that is being discussed and it is not consistent. She referenced about other cities with very aggressive outreach.
Council Member Alindajao interjected that the process of outreach is not on topic, but the appointment, he referenced that they should be mindful of that.
City Attorney Richman added that it is related to how they are going to vote.
Council Member Alindajao thanked Thom Casey and shared comments.
Mayor Osorio thanked Mr. Casey for his commitment to the Planning Commission. He agrees with the sentiments of the applicants for this committee or other committees. He shared that what is on his mind is that he got a few phone calls from folks who were upset that he had not told them about the vacancy on this planning commission. He added that some folks would have appreciated a notice that there was a vacancy on this and informed them that he wasn't aware. He further stated that his only hesitation on his part for this is having applicant to have demonstrated they are committed to serving the community of Delano, but it’s just the announcement and the courtesy of letting people know that this vacancy for an important position for the city is available.
Council Member Solorio-Ruiz thanked all the applicants and in regard to the applicants this in no way invalidates their efforts and he encourages more outreach.
Motion made to appoint Joey Velasquez by: Alindajao
2nd by: Morris
Vote: 2-2
Ayes: Alindajao/Morris
Nays: Vasquez/Solorio-Ruiz
Absent: None
Abstentions: Osorio
City Attorney Richman stated that there is not a conflict and she’s not sure why Mayor Osorio would be abstaining, but a 2-2 doesn’t pass.
Mayor Osorio stated for the record that it is not a “no” against the candidate, but it’s a “no” today.
Motion to table item for the next council meeting made by: Solorio-Ruiz 2nd by: Vasquez
Vote: 3-2
Ayes: Osorio/Vasquez/Solorio-Ruiz
Nays: Alindajao/Morris/
Absent: None
Abstentions: None
11) Discussion and consideration of eliminating yard sale fees for the issuance of yard sale permits (Alindajao) (Continued from March 7, 2022 Council Meeting) Staff report provided by Finance Director Rios.
Council Member Alindajao shared his reason as why he brought forth this item and inquired about logistics of the process and cost.
Finance Director Rios provided responses.
Mayor Osorio asked why it’s limited to one weekend.
Finance Director Rios responded it was by prior Council’s action.
City Manager Reyna provided some historical background.
Mayor Osorio opened public comment.
Irma Arredondo shared her experience with her church.
Claribel Gutierrez shared her perspective on the venders and business owners.
Anthony Cortez stated that he wanted to speak for the ladies that were at the last meeting that were waiting patiently, but never got to this item. He provided a proposal of doing two weekends and keeping the fee. He shared that his daughter in Bakersfield has yard sales every day and don’t’ have regulations.
Gloria Herrera shared support for twice a month and $10 for permit.
Suzanne Villaruz stated that the City of Bakersfield does not charge at all. Her concern has been the popup fairs at empty lots, as well as the people selling food that is not permitted. She specified a food truck off of a fenced area off of Girard and a lady selling food out of her garage which is a safety hazard.
Tiffany Lopez stated that she cannot hear Ms. Morris when she speaks.
Anita Lopez shared the difficulties as yard seller the increase in costs of gas, because who wouldn’t want a good deal.
Valerie Gorospe stated that she wished they had recordings from when this was brought to the council as there was a lot of public comments. She added that her nana, her mom's mom, supplemented her social security with yard sales. She clarified as to historical context senior citizens who didn't have yard sales because they were bored and wanted to have a yard sale did did this to supplement their income. She further stated that the push for the yard sales was from one of the council members that led the effort said that it made Delano look ugly to developers and there was a lot of discussion on that, which was really uncomfortable in the council chambers. She shared how there was senior citizens crying and really upset talking to senior citizens in the community about how they were going to try and supplement their social security income, because they weren't going to have the yard sales like they normally would have. And we're limited. She argued that they weren't limiting yard sales, they were limiting income for senior citizens. She stressed that two years after a pandemic, they’ve already heard about how people have been impacted with their incomes. She referenced the concerns about people selling brand new things, food, what let's put that in the fine writing as there is going to be a permit and have the attorney to figure out what that language needs to be. She urged that they cannot vilify people's needs to have a yard sale and have that narrative of, “Oh, well, they're going to do this.
They're going to do that.” She informed the Council that the majority of the people doing the yard sales are doing that because they need it. She requested the Council, with two years after a pandemic, they need to look at how they can support and help their most vulnerable community members.
Fernando Bravo asked how much they charge to have a yard sale. He shared that seniors usually get a discount, so he’d like some help.
Yolanda Chacon Serna spoke for her cousin that was here at the last meeting waiting the entire time. She stated that her cousin is a widow, farmworker and senior. She added that her cousin is not competing with businesses, but simply trying to supplement her income because she doesn’t make very much.
Pastor David Vivas conferred with the speakers and appreciated the seniors and youth. He stated due to raising of taxes, he believes the Council is sympathetic for those that are trying to make ends meet that are on social security.
Arthur Rodriguez asked for the rules and regulations because everyone should be able to sell whatever they want. He added that he would like the rules and regulations in English, Spanish and Filipino.
Lupe Martinez stated this was a very hot subject. He stated that one business thought they were losing business and he responded that they should reconsider what they’re stocking. He stated the rules and regulations have been there, but there will always be those people who don’t obey.
He stated that it is up to City with the code enforcement, and we’ll be back with the same problem, but the people shouldn’t be penalized for making a little money. He suggested two times a month.
Mayor Osorio closed public comment.
Council Member Solorio-Ruiz asked when was this established.
City Manager Reyna responded 2012.
Council Member Solorio-Ruiz shared that he’s picked up some stuff at yard sales. He stated that he’s in favor with Mr. Martinez and would be open for all weekends for one month. He also would suggest decreasing $10 per month and waive it for seniors.
Council Member Morris agree with Gloria as to twice a month and would be open to the $10 but would like to see the money that is collected to go to code enforcement. She shared that it is important to enforce because there are people who are selling new stuff.
Mayor Pro Tem Vasquez asked if they are voting for the fee or how many times.
City Attorney Richman provided clarification.
City Manager Reyna referenced that there is an ordinance where the City cannot waive fees.
Mayor Pro Tem Vasquez suggested $1 for seniors.
Mayor Osorio asked if waiver and elimination be the same thing.
Finance Director Rios provided further clarification.
Discussion took place in regards to the waiver/elimination of fees by Council Members, City Attorney Richman and Finance Director Rios.
Council Member Alindajao shared that his purpose was to eliminate the fee for seniors.
Mayor Osorio stated that he’s open to this idea of eliminating yard sale fees during the pandemic, whether it's at least at the end of this year, or continue on to next year. He referenced they can do a sliding scale which his colleagues have proposed and the numbers he would have chosen would have been $10 as a regular charge, or whether it's the one weekend or two weekends are no limits at all and then for seniors be $5. He then referenced the next point, which is the compliance and enforcement as he thinks he wants to be mindful of the comments made which is that there are local businesses who worry about these folks who are a handful of folks who are selling new merchandise or new products compared to what it's intended to be which is used products.
Council Member Alindajao reiterated his prior comments of his purpose.
Council Members had further discussion about various elements with City Attorney Richman.
Motion made to eliminate yard sale fees for seniors (60 Years or older) by: Alindajao Motion dies due to lack of second.
Motion made to lower yard sale fees to $10 and eliminate yard sale fees for seniors (60 Years or older) by: Morris
2nd by: Alindajao
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
12) Discussion and direction for a market study regarding local regulation of cannabis (Mayor Osorio) (Continued from March 7, 2022 Council Meeting) Staff report provided by Mayor Osorio.
Mayor Osorio opened public comment.
Anthony Cortez shared his concern on the impact to the youth indulging in this activity. He referenced information from the Lung Association website. He referenced that smoking marijuana clearly damages the human lungs where research shows that smoking marijuana causes chronic bronchitis, smoke is shown to injure the cell linings of the large airways which could explain why smoking marijuana leads to symptoms such as chronic cough, wheeze and acute bronchitis. He added that smoking marijuana has also been linked to cases of air pockets in between both lungs and between the lungs in the chest as well, as well as large air bubbles in the lungs among young to middle aged adults who see heavy marijuana smokers. He further referred to the plant and the THC in marijuana where people use marijuana by smoking, eating, drinking, or inhaling smoking and vaping THC extracts from the marijuana plant is on the rise. He informed the Council that THC over activates certain brain cells receptors results in effects such as altered senses changes in mood, impaired body movement, difficulty with thinking and problem solving, impaired memory and learning. He added that marijuana use can have a wide range of health effects to patients with paranoia, breathing problems, possible harm to fetuses if pregnant. He also stated that it can cause addiction, because it sounds like this is just about finances, but there are other ways to bring revenue into the city. He speculated that the three of them will vote for this, and those that voted for you are going to say, “They said yes, So it's good to do it. We can do this. Go for it.” He believes this is going to harm them later down the road, so he urged the Council to really, really think about this.
Claribel Gutierrez shared that she used to be a drug addict for so many years and she’s been in recovery for 23 years. She stated that an addict is always an addict, where one first starts using illicit recreational stuff and one always thinks that they're not going to lose control. She emphasized that they would become an addict because they don't know when they're going to lose control and once they lose control, then they start doing those things necessary to get their drug of choice. She also stated that if they vote on this item, then they put the police department to implement policies and procedures to be able to analyze. She shared that their ideas are ignorant, no matter how much she’d like to support them, but she wants to cheer them on, but every time they always open the door to nonsense, and it just breaks her heart because they mean well and they go about it the wrong way. This is a particular item that it's not the right thing for Delano, it's not right for the community and it's not right for the youth. She stressed that they're going to be stealing money to go ahead and buy the drugs and because they're not able to go into the facility to buy it, they're going give it to somebody else that is willing to do the footwork to go get it for them because they're going get something in the process. She shared that it doesn't matter how much money they’re going to make, at the end of the day is going to bring harm to the community. She stated they’re providing wellness, transparency, and education, but this is not one of them. Lastly, she said that she knows what she’s talking about.
Suzanne Villaruz shared when it comes to cannabis she doesn't smoke or drink alcohol, so for her there's a lot of stuff out there one can buy legally that will get them high and that'll destroy their life. She explained as a nurse they can’t take it and asked how they’d get certain milligrams of cannabis. She further stated that they can’t know how a farmer grew it, grew it legally, safely, and then market it. She believes the market study will be probably favorable because even her husband says, “Tax marijuana, why not? We'll get money.” She sees it as yet another thing to distract the youth from their goals, so unless they really focus on the age limit that it's sold. She shared that California School Nurses is looking at how they're going to administer medicinal marijuana prescribed by a doctor to a child in school and it just doesn't make sense to her as a nurse. She also suggests to look hard at the cost because she knows that there will be an impact on the police department and on the youth of the community, unless they do an extremely huge amount of education. She stressed that she knows that even cigarettes can be a gateway drug, then alcohol and marijuana isn't too far behind, so the impact on the idea that they are in increasing addiction in young people, mid 20s people in their 30s; as they can get high when they're 50. She urged the Council to consider that, but she’s interested in having a market study done because of what is going to come out of this study, but she doesn't know until the studies done, so she’s in favor of doing the market study seeing the facts and understanding exactly the impact our community.
Pastor David Vivas shared that he’s in favor of the market study. He asked if they’ll be looking at all aspects of this kind of business is going to affect the youth and beneficial to the community’s mental wellbeing. He responded that the answer has already been studied, there have already been studies about this. He stated that this raises questions about risks of using medical marijuana with anxiety disorder in which this study that just recently came out just a couple of days ago. He added that there are no real benefits which these studies were done by medical professionals. He shared that he personally has counseled many families over the years who have a young person who will make the excuse that they need it to control moods, control pain etc., but they just had a medical doctor at the beginning of the meeting, Ms. Bains who clarified a lot of things and she has seen firsthand. He informed the Council that, there's another article that has been written that the legal weed industry cannot compete with the illicit market.
Arthur Rodriguez stated that he knows why the City wants it because of the revenue and he shared his concerns that he would see with this in the community.
Hector Jimenez shared his support for this objective study because they cannot rely on anecdotal statements. He shared that he utilizes various cannabis products. He added that weed is cool and they shouldn’t stigmatize it. Lastly, he said some of the comments he’s heard are crazy.
Fernando Bravo shared his opposition on cannabis and believes they can raise revenue in other ways.
Tiffany Sagbohan asked if this proposal is just a market study and nothing else.
Mayor Osorio responded in the affirmative.
Laura Santos shared that she’s the one that did the review and analysis of the city manager’s contract. She said reefer madness is alive and well in Delano. She stated that they don’t need a market study because this is a multi-billion-dollar industry. She said that cannabis was criminalized as suppression measure in their communities. She shared how her grandmother was curandera in Earlimart in which she utilized a plant she had in her yard. She said that there is a lot of medicinal value, and it is not addictive.
Mayor Osorio closed public comment.
Mayor Osorio provided clarification on the item.
City Attorney Richman responded that she’s not familiar with a particular company, but this is tax revenue for the city, so this is only looking at the financial aspect. She’s not aware how they find out how this will have an impact on crime and how many officers they might need, but they might refer to their police department.
Council Member Alindajao said he agrees on the principal with the study. He added that this is only the limited scope of financial. He agrees with Hector as they can rely on anecdotal. He would ask what the cost of this market study would be. He also was inquiring as to state law that the city can approach this in various aspects.
City Attorney Richman offered examples such as retail, cultivation, but the council has only talked about the retail.
Council Member Alindajao asked if this is going to go out for bid.
City Manager Reyna responded in the affirmative.
Council Member Alindajao asked when factoring local taxes, in what the city reasonably anticipates in licensing retail shops, so how are they going to communicate that with local taxes.
Mayor Osorio responded the logistical process as an RFP and provided an explanation of state and regular local sales tax breakdown. He further explained there could be an initiative to raise it, though it would be up to the public to add more taxes.
Council Member Alindajao asked if this would be up to a vote.
City Attorney Richman responded in the affirmative.
Mayor Osorio stated that he’s not committed to any specific cannabis component, so it can be any singular component or combination of components.
Mayor Pro Tem Vasquez stated that she’d be in favor of looking at everything.
Council Member Morris shared her opposition because she believes there is no amount of money for her to harm the community.
Council Member Solorio-Ruiz shared as to what was said in the public and by Councilwoman Morris, he does have statistics from the head of the nation's top federal drug research agency, the National Institute on Drug Abuse Director Nora stated, “There's no evidence to my knowledge that occasional cannabis use has harmful effects. As a whole, there's very low scientific evidence. Cannabis legalization has not led to increased youth use.” He emphasized that they need to comment on what was said in the public and as well as Council Member Morris in which he definitely thinks there is a stigma around cannabis use and we're in 2022. He shared that they need to look at what's happening and making sure they don't further criminalize folks for this because it definitely has for many years, and he think for what was said he thinks right now, it’s about the study itself and not argue whether it's good or bad. He asked Mayor Osorio if he knew how long the study will take to bring back the results.
Mayor Osorio he shared a month or two to process and a few months to do the study.
City Attorney Richman provided an estimate of the time it would take.
Council Member Solorio-Ruiz requested if they can conduct public opinion polls or surveys whether the community wants it or not.
City Attorney Richman responded that would be separate where this would be financial.
Motion made by: Alindajao
2nd by: Solorio-Ruiz
Vote: 4-1
Ayes: Osorio/Vasquez/Alindajao/Solorio-Ruiz
Nays: Morris
Absent: None
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Council Member Alindajao: He requested to be placed an agenda item on the next meeting to discuss and vote on the attorney-client waiver discussed at the last meeting. In addition, he requested to reinstate item 13 to discuss an investigation as it relates to that item. He stated that he’s already made an appointment but encouraged his colleagues to make their appointment of Crime Prevention Committee.
Council Member Morris: She thanked Pastor Vivas for the vigil. She thanked the Delano PD for a job well done. She would like to get bingo back to seniors and placed on the agenda. She commended Viviana for making possible Saturday service for seniors and others that need to get around that don’t have a car.
Council Member Solorio-Ruiz: He attended the Resident for a Clean Delano meeting. He also sat in at the Planning Commission meeting to listen in via zoom. He did not attend the vigil because he was in Sacramento with some youth to advocate against tobacco. He recommended everyone to wear a mask and get vaccinated.
Mayor Pro Tem Vasquez: She attended a couple community events and what has been common has been the public relations putting information out in the community, so she would like to have that placed on a future agenda. She asked if they can use the senior center for council meetings via zoom. She also requested to look at city parks for disc golf to be placed on the agenda. She attended a meeting about water, which had been attending even before she was on the Council but added that there should be triple or quadruple people attending to know what’s going on. She also attended the vigil. She also requested PR stuff to be placed on the agenda regarding four popular languages in Delano.
Mayor Osorio: He attended the DTS meeting with the Delano Guardians. He also attended the vigil in response to the suspects that were found for the murder of Nayeli Gonzalez and appreciates the demonstration of unity. He asked for a report out infrastructure improvements.
He shared, because of COVID and it was not going to be held in person, he vocalized a list of the Employees’ Years of Service Recognition event.
Moved for Closed Session by: Morris
2nd by: Vasquez
Time: 8:40PM
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
The City Clerk was excused. City Attorney Richman was appointed as Acting City Clerk. City Attorney Richman was only staff member present.
CLOSED SESSION
13) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant Government Code Section 54956.9(d)(2): 2 matters
Action: No reportable action.
Moved for Open Session by: Solorio-Ruiz
2nd by: Morris
Time: 9:14PM
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Council Member Solorio-Ruiz, seconded by Morris, and unanimously carried 5-0 to adjourn the meeting at 9:15p.m.
_____________________________________________
Ricardo G. Chavez, City Clerk