Agenda — Delano City Council, April 4, 2022 (part 2 of 2)

Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 3 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx Scope of Services
Our proposed scope of work is segregated into several phases, described below.

Phase SUR: Topographic Survey and Right of Way Verification Upon approval of the task order we will complete a field topographic survey and right of way verification for the segments of roadway described above. · The field survey scope of work for those streets requiring full topographic survey will include capturing sufficient horizontal and vertical locations for top of curbs, gutter flow lines, pavement crowns, manhole covers, valve covers, utility covers, striping, and USA markings needed to design and prepare the proposed improvement plans. · From the survey data and utility information collected, we will prepare a base drawing in AutoCAD Civil 3D format for use throughout the design process. · Verify existing right-of-way limits with record maps and physical street monuments.

Phase GEO: Geotechnical Investigation
For the roadway widening improvements along Garces Highway, Provost & Pritchard will work with our subconsultant to provide needed pavement corings and R-values. · This phase includes two (2) borings to two (2) feet beneath ground surface. Borings will provide information on pavement thickness and soil samples for laboratory testing. Testing for the borings will determine the R-value for designing new pavement sections. · An engineering report will be prepared, which will provide a description of the existing pavement sections, the soil profile, and the laboratory test results. In addition, recommendations will be provided for constructing new AC pavement sections. The report will also include a coring location map and photos of the cores. The report will be prepared under the direction of, and be signed by, a California Licensed Geotechnical Engineer.

Phase SD: Schematic Design
Utility Research
We will conduct utility research and identify potential conflicts with record utilities. City will provide plats and record drawings for their utilities.
30% Plans
We will prepare a schematic design set of plans for the project. We anticipate that our 30% plan set will include the following sheets:
· Cover Sheet
· General Notes and Legend
· Street Plans (Double plan view sheets at 1”=40’ – 7 sheets for 2022 segments and 12 sheets for 2023 segments)
30% Specifications
Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 4 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx We will provide an outline of technical specifications in CSI 48-Division format, to be based on the latest Caltrans Standards.

Engineer’s Opinion of Probable Construction Cost (EOPCC) Based on our 30% plans, we will prepare an Engineer’s Opinion of Probable Construction Cost for the project, based on Caltrans cost data, recent similar projects in the Kern County area, and other available sources.

City Review of 30% Plans and Specifications
Once City staff has had the opportunity to review our 30% Plans, we will schedule a conference call between our design team and City staff to review the comments.

Deliverables
The plans, specification outline and EOPCC listed above will be submitted to the City in PDF format only. The 30% Plans will be half size (11”x17”).

Phase DD: Design Development
90% Plans
We will incorporate comments and feedback that we received on our 30% plans and specifications as we prepare a nearly-complete set of plans for construction of the project. We anticipate that our 90% plan set will include the following sheets:
· Cover Sheet
· General Notes and Legend
· Street Plans (Double plan view sheets at 1”=40’ – 7 sheets for 2022 segments and 12 sheets for 2023 segments)
· City/Caltrans Standard Detail Sheet
90% Specifications
We will provide a set of technical specifications in CSI 48-Division format, to be based on the latest Caltrans Standards. The City will use the technical specifications in combination with its front end specifications for a complete set.

Engineer’s Opinion of Probable Construction Cost (EOPCC) We will update the Engineer’s Opinion of Probable Construction Cost for the project based on our 90% plans.

Deliverables
The plans, technical specifications, and EOPCC listed above will be submitted to the City in PDF format only. The 90% Plans will be half size (11”x17”).

City Review of 90% Plans and Specifications
Once City staff has had the opportunity to review our 90% Plans, we will schedule a conference call between our design team and City staff to review the comments.

Phase CD: Construction Documents
Final PS&E Bid Package
Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 5 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx We will incorporate comments and feedback that we received on our 90% plans and technical specifications as we finalize the design. Once complete, the final plans and specifications will be fully ready for use as bid documents. The design team will adjust the EOPCC to reflect any final changes made to the design.

Deliverables
The plans, technical specifications and EOPCC listed above will be submitted to the City in PDF format only. The plans will be full size (24”x36”).

Phase BID: Bidding Assistance
Project Bidding
We will perform the following services to assist the City during the bidding phase of the project:
· Assist City in responding to requests for information and preparing addenda, if necessary. · City will conduct bid process. Our attendance at pre-bid meeting and bid opening will not be required.

Phase CA: Construction Administration
Construction Administration Services
· Construction administration services include:
· Attend pre-construction conference
· Review shop drawings and submittals
· Provide interpretation and/or clarification of construction documents during construction in response to up to four requests for information from the contractor · Review and provide technical information for up to two construction contract change order requests if necessary
· Conduct up to two site visits at intervals appropriate to the state of construction · Prepare record drawings based on contractor’s as-built drawings. · City will provide construction staking, management, and administration · Plans and specifications will require that a traffic control plan be prepared by the contractor Limitations:
· P&P will not supervise, direct, control, have authority over or be responsible for construction contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of construction contractor to comply with laws and regulations applicable to the performance of the construction work;
· P&P will not be responsible for the acts or omissions of construction contractor or of any subcontractor, supplier, or of any other individual or entity performing any of the Work, which are beyond P&P’s supervision, direction, control and authority; and Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 6 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx · P&P may recommend changes in the Plans and/or Specifications to the City but will not authorize changes in the work without written City authorization. · Scope of services excludes Labor Compliance Services for the project.

Professional Fees
Provost & Pritchard Consulting Group will perform the services described above for the fixed fee amounts shown in the table below. These services will be invoiced monthly, on a percentcomplete basis. Reimbursable Expenses are included in the Fixed Fee amount stated.

Proposed Fee
Phase Estimated Fee
(SB1 2022)
Estimated Fee
(SB1 2023)
Phase SUR $19,100 -
Phase GEO $11,500 -
Phase SD $36,700 $42,900
Phase DD $31,700 $33,700
Phase CD $16,300 $22,200
Phase BID $1,300 $1,300
Phase CA $5,300 $5,300
Total Estimated Fee: $121,900 $105,400
The line items shown above are estimates and are not intended to limit billings for any given Task.

Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.

Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 7 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx Schedule
Once we are authorized to proceed, we can prepare the plans for initial submittal in approximately 5 weeks. Agency review time is beyond our control. Below is an approximate schedule for the production of SB1 2022 construction documents. A schedule for the preparation of construction documents for SB1 2023 will be provided at a later date.

Proposed Schedule (SB1 2022)
Week/Date Task
Week 1-5 Survey and Prepare 30% PS&E
Week 6 Design review conference call
Weeks 7-11 Prepare 90% PS&E
Week 12 Design review conference call
Weeks 13-14 Prepare Final PS&E and submit to City for bidding Assumptions
· The City will prepare all required funding compliance documents. · Survey will be conducted only on segments where curb and gutter is proposed (Garces Highway, Dover Street, and Thomas Way). On all other segments, the existing topography and site features will be based on aerial imagery and record drawings provided by the City. General notes will be provided on the plans and a City representative will work with the contractor to field-fit improvements (e.g. curb ramps, limits of full-depth pavement replacement, striping, etc.) to the actual condition. · Curb ramp grading and improvement details will not be provided and no curb ramps will be evaluated for compliance with accessibility standards. Curb ramps will be evaluated visually based on site photographs and aerial imagery and the most appropriate Caltrans Standard ramp detail will be identified and drawn schematically over the aerial image on the plans. Removals, relocations, and adjustments to grade will also be identified for existing improvements in the approximate ramp area.
· Provost & Pritchard will evaluate and show graphically as described above the curb ramps identified by the City as needing replacement. No additional existing curb ramps will be included.
· Other than along Garces Highway, no geotechnical investigation will be conducted with the project. The pavement section design will be based on City standard pavement thicknesses.
· All improvements will be constructed in City right of way. No right of way or easement acquisition is included.
· The Garces Highway and Thomas Way segments will include signage and striping plans. For the other segments, where aerial imagery will be used for the background on plan sheets, the contractor will be instructed to replace striping in-kind and no striping design or separate striping sheets are included.
· No relocation of existing utilities will be required.

Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 8 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx · Our proposal and fees do not provide for a private utility locator service to locate underground utilities.
· The Contractor will prepare and implement the Stormwater Pollution Prevention Plan SWPPP. Because the soil disturbance area is under 5.0 acres, no Dust Control Plan will be required.
· Provost & Pritchard CAD standards and title block will be used for the design of this project.
· City will advertise the notice to bidders, make the bid documents available to bidder’s electronically, conduct the bid opening, prepare a canvass of bids, and award the contract.
· Materials testing will be provided by a separate consultant under separate contract. · Staging plans, traffic control plans, and construction phasing plans are not part of this scope of work. If requested as additional services, City staff will recommend available staging areas and we will illustrate these areas on our plans. It will be the responsibility of the City’s awarded Contractor to define their plans for use of these staging areas. · In providing services under this Scope of Work, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to the Consultant and by mutual agreement between the parties, the Consultant will, without additional compensation, correct those services not meeting such a standard. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement. · Sufficient street monuments exist and are accessible for the resolution of existing City rights-of-way. No monument replacement, corner records, or Record of Survey are anticipated to be necessary as part of the design effort.

Additional Services
The following services are not included in this proposal, however these and others can be provided at additional cost, upon request.
· Preparation of any CEQA or NEPA compliance documents
· Construction Staking
· Construction Management and/or Observation
· Preparation and processing of Indirect Source Rule application with SJVAPCD.

Roman Dowling March 28, 2022
City of Delano 2022 Road Rehabilitation Page 9 of 9
Proposal No. 22-176
I:\Marketing\Proposals\2022\City of Delano - 2022 Road Rehab 22-176\Working Drafts\Proposal for City of Delano 2022 Road Rehabilitation.docx Terms and Conditions
If this proposal is acceptable, please sign below and provide a standard City of Delano agreement. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Matt Barnes, PE Jeffrey S. Dorn, PE
C 79145 C 76749
Provost & Pritchard Consulting Group
Matt Barnes, PE Jeffrey S. Dorn, PE
C 79145 C 76749

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Noemi A. Zamudio, Human Resources Director
SUBJECT: Adopt Resolution approving the revised class specification for the Transportation Manager
Recommendation
Staff recommends City Council adopt the revised class specification mentioned above.

Discussion
Staff has determined the need to revise the Transportation Manager job description to accurately reflect all duties and responsibilities performed by the Manager.

The Transportation department is currently going through its Triennial Audit review and feedback received by the auditors is that the Transit Asset Management plan (TAM ) does not accurately reflect the duties of the Transportation Manager and that the job description should be revised.

The revised language meets the criteria requested by the auditor.

The revised job specification was discussed with the MEG Unit.

Budget Impact
None
Attachment(s)
Resolution
Job Description
Red Lined Job Description
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO

ADOPTING THE REVISED CLASS SPECIFICATION OF THE

TRANPORTATION MANAGER
WHEREAS, the City Council may from time to time find it necessary to review City operations; and
WHEREAS, the City Council may find it in the best interest of the City to revise class specifications to meet the needs of the City’s operations; and NOW THEREFORE, BE IT RESOLVED, as follows

1. The foregoing recitals are true and correct.

2. The class specification of Transportation Manager is included in the Management Employees Group (MEG) and on the MEG Unit Salary Schedule at the Salary Grade of 165.

3. THAT STAFF hereby recommends to the City Council that it ADOPT the proposed job specification of the Transportation Manager, based on the findings enumerated hereinabove.

PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 4th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Bryan Osorio, Mayor
ATTEST:
_______________________________
Ricardo Chavez, City Clerk
Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager

CITY OF DELANO

CLASS SPECIFICATION
Disclaimer - Class descriptions are written as a representative list of the ADA essential duties performed by the entire job classification. They cannot include, and not intended to include, every possible activity and task performed by every specific employee in every position.

JOB TITLE: TRANSPORTATION MANAGER
FLSA STATUS: Exempt
JOB PURPOSE:

Under direction of the City Manager manages the City’s transportation department. Provides work direction and training to fixed route and dial-a-ride drivers. Manages the City’s dial-a-ride dispatch center. Schedules drivers to meet established and anticipated demands for service. Coordinates fleet vehicle maintenance. Provide the City Manager professional transportation program advice and assistance.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following:

Disclaimer- This list is meant to be representative, not exhaustive. Some incumbents may not perform all the duties listed. Other related duties may also be assigned. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Coordinates the day to day operation of the City transit program facilities. • Respond to public inquiries and complaints regarding transit programs. • Assists in the development of fixed routes, and dial-a-ride service, in accord with demand and clients served.
• Schedules drivers to meet fixed route requirements and dial-a-ride service demands. • Makes changes based on driver availability and equipment availability. • Assures inspection of vehicles to ensure their operational safety and the availability of safety equipment and necessary documents.
• Maintains inspection logs.
• Assures performance of pre-trip inspection on all vehicles. • Monitors transit program performance to assure attainment of program goals and objectives. • Conducts accident investigations involving division vehicles. • Maintains statistics on vehicle performance.
• Provides and maintains CTAF radio frequency and City dial-a-ride taxi service. • Monitors driver’s license and certificate renewals for Transit Bus Driver/Operators. • Selects, assigns, directs, evaluates, recommends rewards, and disciplines for division staff in accordance with City policy. Assures that division employees are instructed in job safety practices.
• Establishes and ensures proper maintenance of City transit and related office files. • Researches, analyzes, and compiles periodic reports such as statistics involving transportation system usage and forecasts.
• Represents the City at transportation-related local, regional and state committees, commissions and boards.
• Participates in the preparation of the department budget by preparing the transit operations budget.
• Schedules and conducts monthly safety meetings for all drivers. • Oversee the driver training program.

Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager
• Oversee fare collection, bus cleaning, and general maintenance. • Ensures all drivers are in compliance with all FTA rules and regulations. • Ensures all drivers hold required certifications to operate the Transit fleet. • Maintains the Transit video camera system.
• Ensure all Transit data systems are kept updated and operational. • Provides direction, guidance, and goals in the handling or passenger complaints, service emergencies, employee attendance, and related issues.
• Review federal and state laws, proposed legislation, and regulations pertaining to Transit service. • Prepare a variety of Transit reports for FTA, DOT and other applicable agencies. • Apply, Secure, monitor, and prepare required reporting for state, federal, and local transportation grant funding available. Prepares staff reports and presents to City Council on Transit related issues.
• Works closely with the finance department in financial reporting and auditing of the Transit department.
• Serves as the account executive which develops, oversees, manages and maintains the Transit’s asset management plan for major assets (e.g., rolling stock, non-service vehicles and equipment, and facilities).
• Performs a variety of other duties as assigned.

MINIMUM QUALIFICATIONS:

The requirements listed below are representative of the knowledge, skills and abilities required to satisfactorily perform the essential duties and responsibilities.

Knowledge of:
• Principles and practices of PC’s and related software. • Principles and practices of employee supervision, including selection, training, work evaluation, and discipline.
• Principles and methods or work planning and scheduling. • Principles and practices of transit operations.
• Federal, State and local ordinances related to transit systems operation, driver training, and certification, and safety.
• Governmental organizations and their transportation functions. • Use of oral and written English.
• Basic record keeping principles and practices
• Operation of standard office and specialized department equipment.

Skilled in:
• Assigning, directing, reviewing, and evaluating the work of others. • Selecting and motivating staff and providing for their training and development. • Developing and implementing policies, procedures, work standards and internal controls.

Reading, interpreting, and applying written procedures, policies, and codes. • Preparing reports.
• Establishing and maintaining effective working relationships. • Communicating with the public and other agencies.
• Analyzing technical and operational issues, evaluating alternatives, and reaching conclusions.

Ability to:
• Operate a PC and related software
• Maintain effective working relationships with other people Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager
• Communicate in oral and written English.
• Interface with the public.
• Work with community agencies concerning transportation matters. • Respond to emergency situations.
• Analyze and develop data and present findings and conclusions clearly and in graphic form. • Operate standard office equipment
EDUCATION and/or EXPERIENCE – LICENSING/CERTIFICATIONS:

Any combination of education and experience that demonstrates possession of the requisite knowledge, skill and abilities. A typical way to obtain these would be:
• Associate’s Degree with emphasis in transportation, business administration or related field. • Bachelor’s Degree with emphasis in the related fields, highly desirable. • Maintain a valid Class B Commercial California Driver License, with passenger endorsement, Verified Transit Training Certificate, and a General Public Para-Transit Rating Certificate (DMV), or obtain such licenses and certificates within six months of employment. • Maintain a valid DL-51A biannual medical certificate. • Maintain a valid California Driver License with a driving record acceptable to the City. • Five (5) to seven (7) years, professional transportation planning or operations with activities involving maintenance and operations.
• Three (3) to Five (5) years of responsible public transit or airport district experience. • One (1) to Three (3) years of supervisory experience required.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to sit. The employee frequently is required to use hands to finger, handle, or feel; reach with hands and arms; and talk or hear.

The employee is occasionally required to stand and walk. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, and ability to adjust focus.

The employee must be able to drive a motor vehicle. The employee must be able to sit for lengthy periods of time in an indoor environment and also work outdoors. Walking on asphalt for long distances, over uneven ground, climb stairs, stand, walk, stoop, bend, crouch, kneel, push, pull, and lift up to 50 to 75 lbs.

Have the manual dexterity to use keyboard equipment.

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Passed and Adopted 03-21-22
Resolution No. 2022-
Transportation Manager
While performing the duties of this job, the employee regularly works in indoor and outdoor conditions and regularly works near video display. The noise level in the work environment is usually moderate.

Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager

CITY OF DELANO

JOB TITLE: TRANSPORTATION MANAGER
FLSA STATUS: Exempt
JOB PURPOSE:

Under direction of the City Manager/ Assistant City Manager, manages the City’s transportation departmentit and airport. Provides work direction and training to airport and fixed route and dial-a-ride drivers. Manages the City’s dial-a-ride dispatch center. Schedules drivers to meet established and anticipated demands for service. Coordinates fleet vehicle maintenance. Provide the Assistant City Manager professional transportation program advice and assistance.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: Disclaimer- This list is meant to be representative, not exhaustive. Some incumbents may not perform all the duties listed. Other related duties may also be assigned. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Coordinates the day to day operation of the City transit program and airport facilities. • Respond to public inquiries and complaints regarding airport and transit programs. • Assists in the development of fixed routes, and dial-a-ride service, in accord with demand and clients served.
• Schedules drivers to meet fixed route requirements and dial-a-ride service demands. • Makes changes based on driver availability and equipment availability. • Assures inspection of vehicles to ensure their operational safety and the availability of safety equipment and necessary documents.
• Maintains inspection logs.
• Assures performance of pre-trip inspection on all vehicles. • Conducts inspections of the runways and taxiways of the airport to assure safety of the facility. • Conducts technical inspection of airport navigation facilities and fueling depot to verify operational conditions and safety.
• Monitors transit program performance to assure attainment of program goals and objectives. • Conducts accident investigations involving division vehicles. • Maintains statistics on vehicle performance.
• Assists in the administration of a municipal general aviation airport under the Airport Master Plan.
• Provides and maintains airport facilities customer services such as hangar space, tie-downs, fuel, phone, and lounge and rest room facilities.
• Provides and maintains CTAF radio frequency, Automated Weather Observation System (AWOS), automated fuel service, rental car arrangements, and City dial-a-ride taxi service. • Conducts inspection of runway lighting, Pilot Controlled Lighting (PCL), Visual Approach Slope Indicators (VASI) and Runway End Identifier Lights (REIL) to assure they are operational. • Collects fees for tie-downs, snack service, and collects credit card income from automated fuel services, and invoices for hanger rentals.

Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager
• Schedules runway, hanger, and general airfield facility maintenance, including maintenance of restricted landing space used by crop duster firms.
• Monitors driver’s license and certificate renewals for Transit Bus Driver/Operators. • Selects, assigns, directs, evaluates, recommends rewards, and disciplines for division staff in accordance with City policy. Assures that division employees are instructed in job safety practices.
• Establishes and ensures proper maintenance of City transit and airport records and related office files.
• Researches, analyzes, and compiles periodic reports such as statistics involving transportation system usage and forecasts.
• Represents the City at transportation-related local, regional and state committees, commissions and boards.
• Participates in the preparation of the department budget by preparing the transit and airport maintenance and operations budget.
• Schedules and conducts monthly safety meetings for all drivers. • Oversee the driver training program.
• Oversee fare collection, bus cleaning, and general maintenance. • Ensures all drivers are in compliance with all FTA rules and regulations. • Ensures all drivers hold required certifications to operate the Transit fleet. • Maintains the Transit video camera system.
• Ensure all Transit data systems are kept updated and operational. • Provides direction, guidance, and goals in the handling or passenger complaints, service emergencies, employee attendance, and related issues.
• Review federal and state laws, proposed legislation, and regulations pertaining to Transit service. • Prepare a variety of Transit reports for FTA, DOT and other applicable agencies. • Apply, Secure, monitor, and prepare required reporting for state, federal, and local transportation grant funding available.
• Prepares staff reports and presents to City Council on Transit related issues. • Works closely with the finance department in financial reporting and auditing of the Transit department.
• Serves as the account executive which develops, oversees, manages and maintains the Transit’s asset management plan for major assets (e.g., rolling stock, non-service vehicles and equipment, and facilities).
• Performs a variety of other duties as assigned.

MINIMUM QUALIFICATIONS:

The requirements listed below are representative of the knowledge, skills and abilities required to satisfactorily perform the essential duties and responsibilities.

Knowledge of:
• Principles and practices of PC’s and related software. • Principles and practices of employee supervision, including selection, training, work evaluation, and discipline.
• Principles and methods or work planning and scheduling. • Principles and practices of transit operations.
• Federal Aviation Regulations (FARs) Part 91 and Part 135. Federal, State and local ordinances related to transit systems operation, driver training, and certification, and safety. • Governmental organizations and their transportation functions. • Use of oral and written English.

Formatted: No widow/orphan control, Don't adjust space
between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 1.5", Left
Passed and Adopted 04-04-22
Resolution No. 2022-
Transportation Manager
• Basic record keeping principles and practices
• Operation of standard office and specialized department equipment.

Ability to:
• Operate a PC and related software
• Maintain effective working relationships with other people • Communicate in oral and written English.
• Interface with the public.
• Work with community agencies concerning transportation matters. • Respond to emergency situations.
• Analyze and develop data and present findings and conclusions clearly and in graphic form. • Operate standard office equipment
EDUCATION and/or EXPERIENCE – LICENSING/CERTIFICATIONS:

Any combination of education and experience that demonstrates possession of the requisite knowledge, skill and abilities. A typical way to obtain these would be:
• Associate’s Degree with emphasis in transportation, business administration or related field. • Bachelor’s Degree with emphasis in the related fields, highly desirable. • Maintain a valid Class B Commercial California Driver License, with passenger endorsement, an Air Brake Certificate, Verified Transit Training Certificate, and a General Public Para-Transit Rating Certificate (DMV), or obtain such licenses and certificates within six months of employment.
• Maintain a valid DL-51A biannual medical certificate. • Maintain a valid California Driver License with a driving record acceptable to the City. • Five (5) to seven (7) years, professional transportation planning or operations with activities involving maintenance and operations.
• Three (3) to Five (5) years of responsible public transit or airport district experience. • One (1) to Three (3) years of supervisory experience required.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to Transportation Manager
Passed and Adopted 04-04-22
Resolution No. 2022-
enable individuals with disabilities to perform the essential functions.

Have the manual dexterity to use keyboard equipment.

While performing the duties of this job, the employee regularly works in indoor and outdoor conditions and regularly works near video display. The noise level in the work environment is usually moderate.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 11
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Acceptance of the 2021 Albany Street and Cecil Avenue Pavement Resurfacing and Rehabilitation Project STPL-5227(065) and authorizing the filing of the Notice of Completion

RECOMMENDATION
Staff recommends that the City Council accept the 2021 Albany Street and Cecil Avenue Pavement Resurfacing and Rehabilitation Project STPL-5227(065) Project and authorize staff to file the Notice of Completion with the County Recorder.

DISCUSSION
The City of Delano Engineering Department recommends acceptance of the improvements and the filing of the Notice of Completion for the 2021 Albany Street and Cecil Avenue Pavement Resurfacing and Rehabilitation Project STPL-5227(065), since the work is in conformance with the plans and specifications. The project provided routine maintenance of city streets as recommended in the City’s Pavement Management Program. The project consisted of 1-1/2 inches of pavement grinding and 1-1/2 inches of Hot Mix Asphalt (HMA) overlay, deep patch areas, reconstruction of sections of existing curb & gutter, sidewalks, driveways, curb ramps, installation of traffic striping and pavement markers at various street locations such as Albany Street between Garces Highway and 20th Avenue, and Cecil Avenue between Randolph Street and Browning Road. The project was awarded to Bowman Asphalt Inc. of Bakersfield, CA on September 7, 2021, and substantially completed on January 7, 2022.

FISCAL IMPACT
None; funds previously budgeted are adequate to cover project costs.

Attachment: Notice of Completion

RECORDING REQUESTED BY, FOR THE
BENEFIT OF, AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF DELANO
1015 11th AVENUE
DELANO, CALIFORNIA 93215
GC 27388.1 (a) 2(2) Recorded Document
is expressly exempted from Payment of
Recording Fee (FBO Government Agency)

NOTICE OF COMPLETION
AND

ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN that work has been completed on that certain project known as the 2021 Albany Street and Cecil Avenue Pavement Resurfacing and Rehabilitation Project STPL-5227(065), located at Albany Street between Garces Highway and 20th Avenue and Cecil Avenue between Randolph Street and Browning Road in the City of Delano, on January 7, 2022, and that said project was accepted by this Agency on April 4, 2022. The undersigned Agency owns the following interest in the public improvements installed for the development described above: own, operate, maintain, repair and replace, public facility improvements.

The Contractor on the project was Bowman Asphalt Inc. performing work for the City of Delano.

Refer to construction contract documents for all information relating to said project.

The address of the undersigned Agency is Delano City Hall, 1015 11th Avenue, Delano, California 93215.

CITY OF DELANO
_______________________________________ _________________________ Roman Dowling, P.E. Date
City of Delano, City Engineer

ATTEST:
_______________________________________
Ricardo G. Chavez, City Clerk
I certify under the Penalty of Perjury under the laws of the State of California that the foregoing is true and correct.
_______________________________________
Roman Dowling, P.E.

City of Delano, City Engineer
Executed on at Delano, California.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 12
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding a request to add International Firefighters’ Day (May 4th) to the City of Delano Flag Policy and fly the Firefighters’ Thin Red Line Flag
Recommendation
Staff requests for the City Council to discuss and provide direction.

Discussion
Mr. Ramon Figueroa submitted a request to add Firefighters’ Thin Red Line Flag to the City of Delano Flag Policy. In accordance with Resolution No. 2021-24, the letter was submitted beyond the 30 days in advance of the first date on which the flag is requested to be flown. The request is to fly the flag on May 4th of every year.

Fiscal Impact
Cost of purchasing flag
Attachments
Letter of Request from Mr. Ramon Figueroa
Mr. Ramon Figueroa’s business card
Example of Firefighters’ Thin Red Line Flag
Resolution 2021-24

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 13
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
SUBJECT:

RECOMMENDATION
It is recommended that the City Council introduce an ordinance amending Section

6.22.040 of Chapter 6.22 of the Delano Municipal Code to amend Garage Sale Permit Fee, provide first reading by title and waive further reading.

DISCUSSION
The Delano Municipal Code currently does not allow a person to conduct a garage sale within the meaning of Delano Municipal Code (DMC) Chapter 6.22 unless they first obtain a garage sale permit for a fee of $15.00.

The City Council has directed staff to amend the aforementioned garage sale permit fee from $15.00 to $10.00. In addition, the City Council desires to exempt seniors, age 60 and up from the permit fee requirement. The attached ordinance provides these changes to Section 6.22.040 of the DMC.

Attachments: Ordinance Amendment re Garage Sale Permit Fees Introduction and first Reading of an ordinance to amend section 6.22.040 of the Delano Municipal Code relating to Garage Sale Permit Fees -1-
RIV #4877-8336-3097 v1
ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DELANO, CALIFORNIA, AMENDING THE DELANO
MUNICIPAL CODE SECTION 6.22.040 REGARDING

GARAGE SALE PERMIT FEES
The City Council of the City of Delano ordains as follows:

SECTION 1. Findings. The City Council of the City of Delano finds as follows:

A. The purpose of a garage sale permit is to provide and regulate certain incidental and accessory uses which may be allowed in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.

B. Currently, the Delano Municipal does not allow a person to conduct a garage sale iunless they first obtain a permit for fifteen dollars ($15.00).

C. The City Council of the City of Delano desires to amend the garage sale permit fee from $15.00 to $10.00 and exclude senior citizens 60 years of age an up from the fee.

SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.

SECTION 3. Amendment to Section 6.22.040 of Chapter 6.22. Section

6.22.040 of Chapter 6.22 (Garage sale permit and fees) of the DMC is amended and restated, as set forth in Exhibit A.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have -2-
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passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance is effective 30 days after its adoption.

SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

ADOPTED this ____ day of April, 2022.
____________________________________
Bryan Osorio, Mayor
ATTEST:
____________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM:
____________________________
Rachel H. Richman, City Attorney
I, Ricardo Chavez, City Clerk of the City of Delano, certify that Ordinance No. ______ was adopted by the City Council of the City of Delano at a regular meeting held on ___________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
-3-
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____________________________________
Ricardo Chavez, City Clerk
-4-
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EXHIBIT A

6.22.040 - Garage sale permit and fees.

A. It is unlawful for any person to conduct a garage sale in the city without first filing with the finance department the information hereinafter specified and obtain from such clerk a license to do so, to be known as a garage sale license. The fee for each garage sale permit shall be ten dollars ($10.00). For seniors age 60 and up, there will be no fee, provided sufficient evidence of residency and age of the senior conducting or applying for the garage sale permit at the property is supplied to the City.

B. Before a garage sale permit is issued, the person or persons conducting the sale shall file a written application for a permit with the finance director paying the required nonrefundable application fee. The permit application shall be under penalty of perjury and shall contain the following information:

1. Name, address and telephone number of person, firm, group, corporation, association or organization conducting such garage sale and applying for the garage sale permit;

2. Name of owner of the property on which such garage sale is to be conducted, and state that the person conducting the garage sale has the consent of owner if applicant is other than the owner;

3. Locations at which the garage sale is to be conducted;

4. Specific date and number of days for the garage sale;

5. Date and nature of any past garage sale;

6. Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such garage sale;

7. Whether or not applicant has been issued any other vendor's license by any local, state or federal agency;

8. A statement that the person or persons conducting the garage sale is/are the owners of the personal property offered for sale, and that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale;

9. Sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him/her to be so. -5-
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C. Each garage sale permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed garage sale and shall be removed at completion of sale.

CITY OF DELANO

STAFF REPORT
January
April 4, 2022
TO:

FROM:

Agenda Item: 14
Honorable Mayor and Members of the City Council
Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Professional Services Agreement with Paul Dhanens Architect, Inc., for design of the Homeless Shelter at 726 Fremont for $44,200.00.

RECOMMENDATION
Approval of Professional Services Agreement with Paul Dhanens Architect for design of the Homeless Shelter at 726 Fremont for $44,200.00.

DISCUSSION
The City of Delano recently purchased the property at 726 Fremont for the purpose of establishing a Homeless Shelter.

The existing 2,250 sqft. single story masonry building will be remodeled to include interior improvements, an exterior facelift, site improvements, and an 800 sqft. wood frame addition.

PDA will provide structural, mechanical, electrical, and plumbing engineering. Please see attached exhibits for conceptual design.

FISCAL IMPACT
There are sufficient funds in budget account number 08-92AD-108 within ARPA Fund 08 to cover this $44,200.00 expense. It is also requested that a 10% contingency of $4,420.00 be appropriated, making the total possible cost for this design $48,620.00.

Attach: Agreement
Proposal
Conceptual Design Exhibits
1 Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and Paul Dhanens Architect Inc. (PDA) (“Consultant”) made this 4th day of April , 2022.

Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of architecture; and
WHEREAS, the City desires to contract with Consultant, to have Consultant perform professional services for a project known and described as “726 Fremont Building Remodel for Homeless Shelter ” in the City of Delano in Kern County (Project) hereinafter called the “Project.” NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:

Agreement

1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the Project as set forth in Exhibit A attached hereto and incorporated by this reference. Consultant shall complete the professional services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.

2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.

3. Compensation: The cost for services including approved reimbursable expenses, for shall be as set forth in Exhibit A. Such costs shall be consistent with Consultants then current fee schedule, a copy of which is attached as Exhibit A and incorporated herein by reference as if fully set forth at length. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by Consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope of the Project shall be performed only after the execution by City and Consultant of a written Professional Services Authorization (PSA) specifically authorizing such Additional Services.

4. Payment Procedure:
2 (A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed and approved by the City.

Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.

5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.

6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3 3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.

The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.

7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A, but shall not be for an amount exceeding that indicated in any approved Task Orders, PSA or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.

8. Indemnity:
(A) Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all 4 of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
(B) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing.

10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall 5 not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, the Project as set forth in Exhibit A, and PSA, if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any to pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Kern County, California.
(I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
6 (J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose, and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and if such day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by telegraph and if such day is a business day (otherwise on the first business day thereafter), (C) three (3) business days after deposit in the U.S. mail, if sent by certified mail, postage prepaid, return receipt requested, or (D) on the next business 7 day if sent by overnight personal delivery, in each case addressed to the party to which such notice is requested or permitted to be given or made hereunder, at the address and/or numbers set forth underneath such party's signature line to this Agreement, or to such other address of which such party shall have notified in writing the party giving such notice. As used herein, the term "business days" shall mean the hours of 9:00 a.m. through 4:00 p.m. of each Monday through Friday during the term of this Agreement, excepting Saturdays, Sundays and legal holidays observed by the State of California.
(Q) Time is of the essence under this Agreement.
(R) The Consultant shall not be responsible for warranties, other than those specifically stated elsewhere herein, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success.
(S) The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.

CITY OF DELANO Paul Dhanens Architect Inc.

Maribel Reyna, City Manager
________________________

ATTEST APPROVED AS TO FORM

Ricardo Chavez, City Clerk Rachel H. Richman
City Attorney
Attachments: Exhibit A, Scope of Services Proposal
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PAUL DHANENS ARCHITECT, INC

ARCHITECTURAL SERVICES PROPOSAL
Fremont Street Shelter
726 Fremont Street
Delano, CA
This Proposal dated January 6, 2022 is made by:

PAUL DHANENS ARCHITECT, INC., A PROFESSIONAL CORPORATION, a California corporation (hereinafter “PDA”)
1330 22nd Street, Suite 100
Bakersfield, CA 93301
Tel: 661-326-8936
to:

City of Delano VIA E-MAIL
725 South Lexington Street
Delano, CA 93215
c/o Mr. Roman Dowling
(hereinafter, the “Client”)
PDA hereby agrees to serve as an architect consultant and to perform the duties imposed upon PDA by this Proposal and PDA’s “Standard Conditions of Agreement” (collectively, the “Agreement”) enclosed herein and incorporated herein by reference as if fully set forth at length. In the event of a conflict between the provisions of this Proposal and the Standard Conditions of Agreement, the provisions of this Proposal shall control.

A. THE PROJECT
The project is the following (the “Project”):

A. The project will consist of a 2,450 square feet single-story structure including interior improvements, exterior facelift, site improvements, and a +/- 795 square feet wood framed addition to an existing masonry building at 726 Fremont Street in Delano, CA.

B. In addition to architectural services, PDA will provide structural, mechanical, electrical and plumbing engineering for the Client’s use in construction.

C. Civil services including surveying of existing site and septic design shall be contracted separately by the client as required.

D. It is understood that landscape and irrigation design will not be included or required for the project.

E. It is understood that the City of Delano will be responsible for any lead, asbestos, and/or hazardous materials inspections and abatement as required
B. SCOPE OF PDA’S SERVICES
The standard of care for PDA’s services under the Agreement shall be the care and skill ordinarily used by members of the architectural, design professional and/or engineering professions practicing under similar conditions at the same time and locality. The scope of the services provided by PDA for the Project includes the following (collectively, the “Services”):
2 1. Design Development / Construction Documents / Bidding / Building Permit Processing:
a. Develop site plan, floor plan, and exterior elevations per the owner’s approval. b. Structural designs included for the existing masonry building retrofit and wood framed addition. c. Generate construction documents with sheet specifications as required. d. Provide plans and specifications for bidding, distribute and bid documents to contractors and track bidder’s list as required. Respond to bidding RFI’s and issue addenda as required during the bid period. Aid in bid evaluation with the City of Delano as required. e. Submit plans and documents to local jurisdiction for construction permit. f. Revise construction documents as necessary to meet plan check compliance.

2. Construction Administration:
a. Respond to requests for information (RFI’s) issued by the General Contractor for clarification pertaining to PDA’s construction documents as required. b. Weekly on-site job meetings or requests by the General Contractor for additional job meetings outside the normal RFI or Pay Request process are not included.

C. REIMBURSABLE EXPENSES:

The following work or expenses (the “Reimbursable Expenses”) shall be invoiced as Reimbursable Expenses pursuant to Section 4.4 of PDA’s enclosed "Standard Conditions of Agreement."

1. Security, Alarm, Computer Systems Design.

2. Fire Suppression Engineering.

3. 3-D modeling or colored renderings.

4. Express Mail Delivery; Document Reproduction; Handling of Documents and Fees Advanced on the Client’s Behalf.

5. Other services requested by the Client, which are not expressly included in the Scope of Services outlined above.

D. PROPOSED FEE:

The Services will be billed by PDA per Item B:

Architectural / Structural / Plumbing / Mechanical / Electrical & T-24 Energy: $44,200.00 E. THE AGREEMENT
Upon the Client’s acceptance of this Proposal, this Proposal and the enclosed “Standard Conditions of Agreement” shall become the “Architectural Services Agreement” between the Client and PDA (the “Agreement”), effective upon the date executed by the Client below.

Sincerely,

Paul Dhanens
Its: Principal
Acceptance of the Agreement:

By: ____________________________________ Date:

Owner’s Authorized Representative
City of Delano (hereinafter, the “Client”)
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PAUL DHANENS ARCHITECT, INC

STANDARD CONDITIONS OF AGREEMENT

1. THE AGREEMENT. The “Proposal”, between the Client and Paul Dhanens Architects, Inc., a Professional Corporation (“PDA”), and this “Standard Conditions of Agreement” will be referred to hereinafter collectively as the “Agreement.”

2. PDA’S USE OF OTHER CONSULTANTS. PDA may employ or engage such other consultants at such compensation and on such other terms and conditions as it deems necessary to fulfill its duties, obligations and responsibilities under the Agreement. PDA shall inform said consultant that it is either the employee or independent contractor of PDA and is to be paid by it alone and, that in employing or engaging said consultant, PDA is acting independently and not as an agent, employee, independent contractor or representative of the Client. PDA shall assume and pay all the costs and expenses, including compensation, relating to said consultant, whether it either employs or engages them pursuant to this Section 2, but shall be reimbursed by the Client pursuant to Section 5.3.

3. THE CLIENT’S DUTIES, OBLIATIONS, AND RESPONSIBILITIES. In addition to the Client’s other duties, obligations and responsibilities under the Agreement, the Client shall provide full information in a timely manner regarding requirements for the Project (as defined in the Proposal). The Client also shall provide, at its sole cost and expense without right of reimbursement from PDA: (i) all available information describing the physical characteristics of the Project, including surveys, Project evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations; (ii) inspection and testing services during construction as required by law or as mutually agreed; and, (iii) necessary approvals, Project plan review, rezoning, easements and assessments, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other required services.

PDA shall be entitled to rely on the completeness and accuracy of the information and services required by the Agreement. If the Client becomes aware of any error, omission or defect in the Work (as defined in the Proposal), the Client shall give prompt written notice to PDA. The Client shall communicate with PDA’s sub-consultants and sub-contractors only through or in the presence of PDA.

4. PDA’S COMPENSATION FOR THE WORK.

4.1. The Services (as defined in the Proposal), Reimbursable Expenses (as defined in the Proposal) and the Extra Services (as defined in Section 11.2 of this “Standard Conditions of Agreement”) are collectively defined as the Work.

4.2 Compensation to PDA for the Services will be at the rate stated in the “Proposed Fees” in the Proposal unless otherwise modified as allowed by the Agreement.

4.3. For services of outside Consultants, including but not limited to Structural, Mechanical and Electrical Engineers, Plumbing, Landscape Architects and Interior Designers, compensation shall be a multiple of one and fifteen-hundredths (1.15) times the amount billed to PDA for such services.

4.4. For Reimbursable Expenses (as defined in the Proposal), compensation shall be one and fifteen-hundredths (1.15) times the amount expended by PDA and/or its consultants in the interest of the Project (as defined in the Proposal).

4.5. Extra Services (as defined in Section 11.2.) will be performed and billed at PDA's hourly rate fees as stated in Section 5.6.

4.6. Standard Hourly Rates for Extra Services:

Principal .......................................................................................................................... $150.00 Architect / Designer ........................................................................................................ $120.00 Drafting ............................................................................................................................. $90.00 Clerical .............................................................................................................................. $75.00

5. PAYMENT OF COMPENSATION FOR THE WORK.

5.1. PDA's invoicing policy is to invoice on the first (1st) and fifteenth (15th) of each month and/or in proportion to the Work completed during and through that time. Payment is due within thirty (30) days after the invoice date. A service charge of ten percent (10%) per annum is charged to the Client on any amount outstanding after thirty (30) days. In addition, PDA may suspend the Work under the Agreement until PDA has been paid in full for any and all amounts due to PDA. Payment to PDA shall not be contingent upon the Client's ability to collect from others.

5.2. If the Client objects to any invoice submitted by PDA, it shall so advise PDA in writing, giving its reasons, within ten (10) calendar days of the invoice date. Failure to do so within this allotted time shall constitute waiver of any such claim.

5.3. Retainers from the Client will be credited to the final payment due for the Work. 4 6. OWNERSHIP AND USE OF DOCUMENTS.

6.1. Assignment to Use the Design of the Project. PDA assigns the Client the right to use the design for the Project once final payment under the Agreement has been paid. PDA retains the right to display text, graphics and other design elements of the Project as examples of its work in its portfolio. The Client acknowledges, understands and agrees that it has no ability or right to assign, convey, duplicate, resell or otherwise transfer text, graphics and other design elements of the Project. The Client also acknowledges, understands and agrees that text, graphics and other design elements of the Project may be used by PDA on other projects designed by PDA

6.2. Disclaimer of Interest. Except as otherwise provided in Section 6.1, the Client acknowledges, understands, agrees, covenants, represents and warrants that it has no interest, right or title, whether equitable or legal, to the design of the Project. To the extent the Client may be deemed to have such an interest, right or title, the Client agrees as follows:
i. To exclusively and irrevocably assign, convey, hypothecate and transfer said interest, right or title in the design for the Project of every kind, nature or description, including, but not limited to, the copyright for same, to PDA; and, ii. To forever discharge, disclaim, release, surrender and waive said interest, right or title in the design for the Project in favor of PDA.

6.3. The Ownership of any Copyright. If applicable and subject only to the rights of third parties, if any, the Client acknowledges, understands and agrees that all copyrights, copyright registrations, and copyrightable subject matter arising out of, concerning or related in any way to the design for the Project or resulting from PDA’s provision of the Work to the Client or based on PDA’s documentation or information, including, but not limited to, the right to secure that copyright worldwide in PDA’s name or otherwise, in any medium, shall be PDA’s exclusive and sole property, and the Client further agrees to hold those copyrights and all rights of any kind thereunder, IN TRUST for PDA’s use and benefit. The parties agree that all copyrightable subject matter that is specially ordered or commissioned for use as a contribution to a collective work, or is a supplementary work, a compilation, or an instructional text, as these terms are defined by 17 United States Code Section 101, shall be considered a “work made for hire” as this term is defined in 17 United States Code Section 101.

7. AMERICANS WITH DISABILITIES ACT (ADA). The Client understands and acknowledges that the Americans with Disabilities Act of 1990, (ADA), is a civil law and not a building code, and its interpretation can be a legal issue rather than a design issue in situations where the Client is remodeling or renovating an existing building or spaces and there is an issue if such work must satisfy the ADA’s prescribed standards. In such situations retention of legal counsel for purposes of interpretation of the ADA is advisable. Also in such situations, PDA shall follow the interpretation of the Client and, if applicable, its legal counsel, as to whether or not to design such remodeling or renovation in satisfaction of the ADA’s prescribed standards, and the Client agrees to waive any action against PDA, and to indemnify and defend PDA against any claim arising from PDA's alleged failure to design such remodeling or renovations in satisfaction of the ADA’s prescribed standards.

8. TERM OF THE AGREEMENT.

8.1. Unless otherwise terminated pursuant to Section 9.1., the Agreement shall commence upon the date of the execution of the Proposal and shall continue in full force and effect until the earlier of either the completion of the Work or the abandonment or cancellation of the Project.

8.2. PDA shall have the right to increase the compensation payable by the Client to PDA in the event that performance of the Agreement extends beyond nine (9) months, and/or in the event that PDA must modify the Work, facilities or equipment to comply with laws or regulations that become effective after execution of the Agreement, provided that PDA gives the Client thirty (30) calendar days notice as to the cause of escalation and the additional amounts involved.

9. TERMINATION.

9.1 The Agreement may be terminated by either party upon ten (10) days written notification. In the event of termination by either party, PDA shall be paid for the Work performed through the date of termination.

9.2 In the event the Client terminates the Agreement prior to completion of the Work, or the Client chooses to engage PDA for partial or less than the full scope of the Services for the entire Project as described in the “Scope of Professional Services” in the Proposal, the Client agrees to indemnify, hold harmless and defend PDA, his employees and consultants, from and against any and all claims, demands, losses, and legal costs which may arise out of the Work on the Project, except those claims for which PDA is held solely liable.

10. INDEMNIFICATION

10.1. By PDA. To the fullest extent permitted by law, PDA shall waive any claim against the Client for, and shall indemnify, hold harmless and defend the Client and its parent, subsidiary or affiliated organizations, administrators, agents, conservators, directors, employees, executors, guardians, independent contractors, joint venturers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, and all others acting for, under, or in concert with it, including associations, corporations, joint ventures, limited liability companies, and general or limited partnerships, past, present, and future, of and from any and all past, present and future accounts, actions, agreements, causes of action, claims, costs or expenses (including, but not limited to, attorneys' fees and disbursements), damages, debts, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, tort, or other theories of recovery provided for by 5 the common or statutory law, ascertained or unascertained, known or unknown, patent or latent, suspected or claimed, asserted against or suffered by the Client arising out of, concerning or related in any way to PDA's performance of its duties, obligations and responsibilities under the Agreement;
The parties acknowledge, understand and agree that the Client may enforce such indemnification rights by any legal or equitable remedies available to it.

This indemnification shall extend to claims occurring after the Agreement is terminated as well as while it is in force. This indemnity also shall apply regardless of any active or passive negligent act or omission of the Client or its agents or employees, but PDA shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconduct of the Client or its agents or employees. The provisions of this Article shall not be limited by insurance requirements or by any other provision of the Agreement.

10.2. By the Client. To the fullest extent permitted by law, the Client shall waive any claim against PDA for, and shall indemnify, hold harmless and defend PDA and its parent, subsidiary or affiliated organizations, administrators, agents, conservators, directors, employees, executors, guardians, independent contractors, joint venturers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, and all others acting for, under, or in concert with it, including associations, corporations, joint ventures, limited liability companies, and general or limited partnerships, past, present, and future, of and from any and all past, present and future accounts, actions, agreements, causes of action, claims, costs or expenses (including, but not limited to, attorneys' fees and disbursements), damages, debts, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, tort, or other theories of recovery provided for by the common or statutory law, ascertained or unascertained, known or unknown, patent or latent, suspected or claimed, asserted against or suffered by PDA arising out of, concerning or related in any way to the following: (a) the Client's performance of its duties, obligations and responsibilities under the Agreement; (b) any and all pre-existing conditions in, on or under the Project and any and all amenities, betterments, buildings, fixtures, and other improvements thereon that were not disclosed by the Client to PDA in writing, including, but not , limited to, asbestos, mold and/or mold spores; and/or, (c) the Project, not attributable to PDA’s performance under the Agreement. The parties acknowledge, understand and agree that PDA may enforce such indemnification rights by any legal or equitable remedies available to it. This indemnification shall extend to claims occurring after the Agreement is terminated as well as while it is in force. This indemnity also shall apply regardless of any active or passive negligent act or omission of PDA or its agents or employees, but the Client shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconduct of PDA or its agents or employees. The provisions of this Section 10.2 shall not be limited by insurance requirements or by any other provision of the Agreement.

10.3. Mutual Waiver of Consequential Damages. The parties each waive any claims against and liability to one other for any consequential losses or consequential damages (collectively, “Consequential Damages”), sustained or incurred by the waiving party, and arising out of or in any way connected with the performance of or relating to the Agreement, which are in excess of Twenty-Five Thousand Dollars and No Cents ($25,000.00) in the aggregate. The foregoing waiver is intended to act as a dollar limit on each party’s potential liability to the other (i.e.,Twenty-Five Thousand Dollars and No Cents [$25,000.00]) with respect to any such Consequential Damages (the “Consequential Damages Cap”). All covered Consequential Damages are subject to the Consequential Damages Cap, regardless of the facts upon which such Consequential Damages are based or the legal theories asserted or involved, and whether arising from contract, warranty, negligence, negligence per se, violations of law, regulatory or statutory liability, strict liability, or otherwise, and include, without limitation, damages for losses of use, profits, business, reputation, financing or any other covered consequential losses or consequential damages sustained by the waiving party in excess of the Consequential Damages Cap.

10.4. Force Majeure. PDA shall not be liable for any delay or failure to perform caused by fires, accidents, casualties, or the weather; lack or failure of transportation, power, source of supply, materials, or labor; strike, lockout, or labor disputes or difficulty; similar delay on the part of laborers, material vendors, subcontractors and suppliers; floods and other natural catastrophes; war or acts of war of a public enemy, civil riots, or disturbances; governmental law, order, or regulation; or any other cause of like or different nature beyond its reasonable control. However, PDA shall use its best efforts to avoid, remove, or remedy the affecting cause, and shall resume performance hereunder as soon as may be possible after such cause shall cease to exist.

11. CHANGE ORDERS

11.1. Generally. In order to facilitate the progress of the Project, the parties have provided a protocol to address changes that may arise during the course of the Services. A Change in the Services may be initiated by either party, and may be accomplished after execution of the Agreement, without invalidating the Agreement, if mutually agreed in writing (a “Change Order”). In the absence of a Change Order, PDA shall notify the Client prior to providing such services. If the Client deems that all or a part of such change in the Services is not required, the Client shall give prompt written notice to PDA, and PDA shall have no obligation to provide those services (except if and to the extent PDA is required to do so as part of the Scope of the Services already provided for under the Agreement). If PDA performs services which constitute a change in the Services without first obtaining a valid Change Order, PDA shall have no right to payment of compensation or reimbursement for said services unless, until and only to the extent the same is authorized in a Change Order.

6 11.2. Change in the Services. Subject to Section 4, PDA shall be entitled to an appropriate adjustment in PDA’s compensation for the Services (“Extra Services”), and the services of PDA’s consultants, pursuant to Section 4.3, for the following circumstances
(i) Change in the instructions or approvals given by the Client that necessitate revisions in the Services; (ii) Enactment of or revisions of federal, State of California or local codes, laws or regulations or official interpretations which necessitate changes to the Services that were previously prepared; (iii) Decisions of the Client not rendered in a timely manner; (iv) Providing analyses of the Client’s changed needs to the extent necessitated by a change in the Client instructions or approvals, and changing the requirements of such changed needs for the Project; (v) Significant change in the Project at the request of the Client, after the completion of the Services, including, but not limited to, size, quality, complexity, the Client’s schedule or budget, or procurement method;
(vi) Failure of performance on the part of the Client or the Client’s consultants, agents or employees; (vii) Preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding, except where PDA is a party thereto or PDA’s attendance or participation therein is reasonably required in order for PDA to perform and/or comply with an obligation of PDA under the Agreement; and, (viii) A substantial change to the site conditions of the Project.

11.3. Effective Date of Change Order. When the Client and PDA agree on changes to the Services, such agreement shall be memorialized in a Change Order and shall be effective immediately upon execution of said Change Order.

12. DISPUTE RESOLUTION

12.1. Services Continuance and Payment. Unless otherwise agreed in writing, PDA shall continue performing the Work during all dispute resolution proceedings. If PDA continues to perform, the Client shall continue to make payments of undisputed amounts in accordance with the Agreement.

12.2. Initial Dispute Resolution. If a dispute arises out of or relates to the Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to the dispute resolution procedures contained in the Agreement. The location of the mediation shall be the location of the Project. Once one (1) party files a request for mediation with the other contracting party and with the American Arbitration Association, the parties agree to conclude such mediation within sixty (60) days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the party's representative to the other party's representative and the mediator.

12.3. Binding Arbitration. If the dispute cannot be settled by mediation within sixty (60) days, the parties shall submit the dispute to Binding Arbitration pursuant to the Construction Industry Rules of the American Arbitration Association unless the parties mutually agree otherwise. A written demand for arbitration shall be filed with the American Arbitration Association and the other party to the Agreement within a reasonable time after the dispute or claim has arisen, but in no event after the applicable statute of limitations for a legal or equitable proceeding would have run. The location of the arbitration proceedings shall in Bakersfield, California, unless the parties agree otherwise. The arbitration award shall be final, conclusive and binding, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

12.4. Multiparty Proceeding. The parties agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding. Appropriate provisions shall be included in all other contracts relating to the Services to provide for the consolidation of such dispute resolution proceedings.

12.5. Lien Rights. Nothing in the Agreement shall limit any rights or remedies that the PDA may have under lien laws, including mechanic’s and architectural liens.

13. OPINIONS OF PROBABLE COSTS. Since PDA has no control over the cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, opinions of probable costs are to be made on the basis of PDA's experience and qualifications and represent PDA's best judgment as a design professional familiar with the construction industry. However, PDA cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost.

14. MISCELLANEOUS TERMS

14.1. Notices. Any and all notices, demands or communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if served either personally or if deposited in the United States Mail, certified or registered, postage prepaid, return receipt requested. If such notice, demand or other communication is served personally, service shall be conclusively deemed made at the time of such personal service. If such notice, demand or other communication be given by mail, service shall be conclusively deemed given forty-eight (48) hours after the deposit thereof in the United States Mail, addressed to the person to whom such notice, demand or other communication is to be 7 given at the notice address provided in the introductory paragraph of the Agreement. Either party may change its address for purposes of this Section 14.1 by giving written notice to the other party.

14.2. No Partnership or Joint Venture. Nothing in the Agreement shall be construed, deemed or interpreted to constitute a joint venture, partnership or unincorporated association between the parties.

14.3. Waiver. No waiver of any of the provisions of the Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14.4. Attorneys' Fees and Disbursements. Each party shall bear its own attorneys' fees and disbursements arising out of or in any way related to the Agreement incurred on or before the effective date of the Agreement. If, however, after the effective date of the Agreement, a party or parties shall bring an action or arbitration to enforce or interpret it, the prevailing party or parties in said action or arbitration shall be entitled to recover from the unsuccessful party or parties reasonable attorneys' fees and disbursements incurred in the prosecution or defense of said litigation as determined by a court of competent jurisdiction or arbitrator(s).

14.5. Further Assurances. Each party shall execute and deliver any and all additional assurances, documents, and other papers and shall do any and all acts and things reasonably necessary in connection with the performance of their duties, obligations and responsibilities under the Agreement and to carry out the intent of the parties.

14.6. Entire Agreement; Modification. The Agreement contains the entire agreement, contract, promises or understanding between the parties and constitutes an integration of the entire agreement, contract, promise and understandings of the parties. No amendment or modification of the Agreement shall be valid unless in writing and signed by all of the parties.

14.7. Governing Law; Venue. The Agreement shall be construed and enforced in accordance with the internal laws, and not the law of conflicts, of California, where it is to be executed, delivered and performed. The Agreement is entered into in Kern County, California, and accordingly the only appropriate venue for a dispute under the Agreement is in the Kern County Superior Court, Metropolitan District.

14.8. Construction; Computation of Time. Headings are used herein for convenience only and shall have no force or effect in the construction or interpretation of the Agreement. As used in the Agreement, the singular includes the plural and masculine includes the feminine and neuter. The Agreement shall not be construed against the party drafting it but shall be construed fairly and equitably as though it was the joint product of the parties. The time in which any act under the Agreement is to be done shall be computed by excluding the first day and including the last day. If the last day of any time period shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday or legal holiday. To the extent used or subsequently used in an amendment to the Agreement, the word "day" shall mean a "calendar" day and the phrase "business day" shall mean those days on which the Kern County Superior Court is open for business.

14.9. Binding Effect. Subject to Section 14.10, the Agreement shall inure to and for the benefit of and be binding upon each party's respective parent, subsidiary or affiliated organizations, accountants, administrators, agents, assignees, attorneys, beneficiaries, conservators, directors, employees, executors, guardians, heirs, joint venturers, independent contractors, members, officers, partners, predecessors, representatives, servants, stockholders, successors, and all others acting for, under, or in concert with it, past, present, and future.

14.10. Assignment. Notwithstanding Section 14.9, neither party shall assign, grant or otherwise convey any rights inuring to the other party, or any duties, obligations or responsibilities owed by a party to the other party pursuant to the Agreement.

14.11.Time of the Essence. Time is of the essence under the Agreement.

END OF STANDARD CONDITIONS OF AGREEMENT

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Plans and Specifications for the Delano Aquatic Center and for the Unity Park, and authorization for the City Clerk to advertise for bids.

Recommendation
Approve the Plans and Specifications for the Delano Aquatic Center and for the Unity Park, and authorize the City Clerk to advertise for bids.

Discussion
Plans and specifications for the Delano Aquatic Center and for the Unity Park have been completed by the architect (JKA), and reviewed by staff, and are now ready for advertisement and bidding. These facilities are proposed as an Aquatic Center and Park on a city owned, five-acre site, located at 200 W.

Eleventh Ave.

The Aquatic Center will include an outdoor 6,300 SF Pool including a beach entry, play structure, instruction area, leisure area and three lap lanes; a 4,200 SF pool house that includes an iconic covered entry, ticketing and admin space, first aid and lifeguard rooms, locker/shower/changing and restrooms, two unisex restrooms, outdoor lockers and showers, mechanical room for pool equipment and associated chemical space; and an enclosed storage for all deck and safety equipment. Site improvements include multiple group shade structures for seating or party rentals, lawn areas for seating, decorative pool deck with seating, side gate and space for catering or a food truck and custom signage and landscaping to match the aesthetic of the facility. Improvements for the park include a natural playground, an amphitheater, picnic facilities, a plaza with a gazebo and public art, benches and other amenities, and over 75 trees.

Budget Impact
Budget impacts will be realized upon successful award of both projects. Funds from three Park Grants totaling $4.9M are available to partially fund the projects which are estimated to be around $9.0M.

Attachments
Renderings & Plans
PARCEL: 519-010-32
LEGAL DESCRIPTION: S 10 T 25 R 25 SE
200 W. 11TH AVE.

DELANO, CA 93125
PROJECT ADDRESS:

ASSESSOR'S PARCEL NO.

OWNER:
(519-010-32)

CITY OF DELANO
1015 11TH AVE.

DELANO, CA 93125
Contact: Roman Dowling
[email protected]
GOVERNING AGENCY:

GOVERNING CODES:

CITY OF DELANO
2019 CALIFORNIA ADMINISTRATIVE CODE
2019 CALIFORNIA ELECTRICAL CODE
2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA FIRE CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ENERGY CODE
2019 CALIFORNIA GREEN BUILDING STANDARDS
SCOPE OF WORK: CONSTRUCTION OF A NEW PUBLIC PARK,
WORK INCLUDES:
-LIMITED SITE EXCAVATION AND GRADING FOR

UTILITIES
-VARIOUS SITE IMPROVEMENTS INCLUDING

WALKWAYS, RAMPS, LANDSCAPE AND

HARDSCAPE
-CONSTRUCTION OF A NEW OUTDOOR

AMPHITHEATER AND CANOPY
CONSTRUCTION TYPE: VB - NONSPRINKLERED
SITE AREA:

MAX BUILDING HEIGHT:

PARKING:
93,900 S.F.
(2.16 ACRES)
40' - 0"
Parking
Required:

Parking
Provided:

Public Parking:

Public: No Requirement
Accessible Parking
Spaces:

Standard Parking Spaces:

Total:
00 00
00 00*
*EXISTING OFF STREET PARKING

PROVIDED EAST OF FUTURE

AQUATIC CENTER SITE
ZONE DESIGNATION: CF - COMMUNITY FACILITIES

ARCHITECTURE

JEFF KATZ ARCHITECTURE
6353 Del Cerro Blvd
San Diego, CA 92120
(619) 698-9177 / (619) 698-9178 (FAX)
Contact: Matt Kingdon
[email protected]

ELECTRICAL

ELEN CONSULTING
3456 CAMINO DEL RIO NORTH STE. 101
SAN DIEGO, CA 92108
(619) 846-6918
Contact: Anton Nathanson
[email protected]
CIVIL

DELANE ENGINEERING
4909 MURPHY CANYON ROAD, SUITE 330
SAN DIEGO, CA 92123
(619) 787-5566
Contact: John Prince
[email protected]

STRUCTURAL
ORIE2 ENGINEERING
9750 MIRAMAR ROAD, SUITE 310
SAN DIEGO, CA 92126
(858) 335-7643
Contact: Don Orie
[email protected]

LANDSCAPE
RHAA
225 MILLER AVE
MILL VALLEY, CA 94941
(415) 383-7900
Contact: Aimee Jeska
[email protected]

A REGISTERED CALIFORNIA ARCHITECT, CIVIL OR STRUCTURAL ENGINEER SHALL

OBSERVE THE WORK OF CONSTRUCTION AND SUBMIT AFFIDAVITS ATTESTING TO

THE COMPLIANCE OF THE CONSTRUCTION WITH THE APPROVED CONTRACT DOCUMENTS.

NOTE:

SITE
- PREMANUFACTURED SHADE STRUCTURE

DEFERRED SUBMITTAL NOTES
TWO (2) COPIES OF EACH DEFERRED SUBMITTAL WILL BE FIRST SUBMITTED TO THE

ARCHITECT/ENGINEER-OF-RECORD, WHO WILL REVIEW THEM AND FOWARD THEM

TO THE BUILDING DEPARTMENT WITH NOTATIONS INDICATING THAT THE SUBMITTALS CONFORM TO THE DESIGN OF THE BUILDING.

THE ENGINEER(S) RESPONSIBLE FOR THE DESIGN OF THE DEFERRED SUBMITTAL ITEMS

SHALL STAMP AND WET-SIGN THOSE DRAWINGS AND CALCULATIONS FOR WHICH

HE/SHE IS RESPONSIBLE
E
E
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I
FR
A
REN. 09/10/23
F
E AT
ST

OF CALI
L
FEJ
C018223
.

O
IANR
ATZ
T
NS EC
Y
ED ARC
T HI
 
Project:

Description: Date:

Project Number:

Drawn By:

Checked By:

Sheet Title:

Approved By:

Sheet Number:
100% DESIGN

DEVELOPMENT
06/02/21
1ST BUILDING
DEPT. SUBMITTAL
2ND BUILDING
DEPT. SUBMITTAL
10/20/21
02/25/22
6353 DEL CERRO BLVD., SAN DIEGO, CA 92120
619.698.9177 | www.jeffkatzarchitecture.com

TITLE SHEET
191203
T-1

LARRY ITILIONG UNITY
PARK

CITY OF DELANO
200 W. 11th Ave.

Delano, CA 93215
RW
MK
RW

PROJECT DATA LEGAL DESCRIPTION

PROJECT TEAM

LOCATION MAP VICINITY MAP

CITY OF DELANO

LARRY ITILIONG UNITY PARK
200 W 11th Ave. Delano, CA 93125

DEFERRED SUBMITTALS
aquatic center FLOOR PLAN DELANO PARK & AQUATIC CENTER
total building area: 3,499 sq. ft.
7/15/2021
0 5’ 10’ 20’
1/8” = 1’-0”
aquatic center FLOOR PLAN DELANO PARK & AQUATIC CENTER
total building area: 3,499 sq. ft.
7/15/2021
0 5’ 10’ 20’
1/8” = 1’-0”

PARCEL: 519-010-32
LEGAL DESCRIPTION: S 10 T 25 R 25 SE
200 W. 11TH AVE.

DELANO, CA 93125
PROJECT ADDRESS:

ASSESSOR'S PARCEL NO.

OWNER:
(519-010-32)

CITY OF DELANO
1015 11TH AVE.

DELANO, CA 93125
Contact: Roman Dowling
[email protected]
GOVERNING AGENCY:

GOVERNING CODES:

CITY OF DELANO
2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA FIRE CODE
2019 CALIFORNIA ENERGY CODE
2019 CALIFORNIA GREEN BUILDING STANDARDS
2019 CALIFORNIA REFERENCE STANDARD CODE, PART 12
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ELECTRICAL CODE
SCOPE OF WORK: CONSTRUCTION OF A NEW AQUATIC CENTER,
WORK INCLUDES:
-LIMITED SITE EXCAVATION AND GRADING FOR

UTILITIES
-VARIOUS SITE IMPROVEMENTS INCLUDING

CONCRETE WALKWAYS, STEPS, AND RAMPS
-CONSTRUCTION OF A NEW LAP POOL,

RECREATION POOL AND WATER SLIDE
-CONSTRUCTION OF A NEW BUILDING FOR

STORAGE, MECHANICAL, RESTROOMS,

CONCESSIONS AND ADMINISTRATION AND

ASSOCIATED ENTRY CANOPY
CONSTRUCTION TYPE: VB - NONSPRINKLERED
OCCUPANCY GROUP:

B, S-1
ACTUAL BUILDING AREA:

B ACTUAL: 3,128 S.F.

S-1 ACTUAL: 1,021 S.F.

TOTAL: 4,149 S.F.

ALLOWABLE BUILDING AREA:

B: 9,000 S.F.

S-1: 9,000 S.F.

MIXED OCCUPANCY CALC PER 508.3.2 (NON-SEPARATED OCCUPANCIES) MIXED OCCUPANCY - 1 STORY BUILDINGS PER 506.2.2
MAX BUILDING HEIGHT:
21'-4"
EQUATION 5-1: Aa = At + (NS x If)
B: Aa = 9,000 + (9,000 x 0) = 9,000 S.F.

S-1: Aa = 9,000 + (9,000 x 0) = 9,000 S.F.

ALLOWABLE BUILDING HEIGHT:
40'-0"
NUMBER OF STORIES:
1 LOT AREA:

AQUATIC CENTER: 52,300 S.F.

WALKING/JOGGING PATH: 3,175 S.F.

EXISTING ADJACENT COMMUNITY CENTER: 112,779 S.F.

TOTAL: 168,254 S.F.
(3.9 ACRES)
PARKING:

Parking Provided:

Public Parking:

Accessible Parking Spaces:

Van Accessible Parking Spaces:

Standard Parking Spaces:

Total:
02 01
65 68
LOT COVERAGE:

AQUATIC CENTER:
34,425 S.F.
17,875 S.F.
52,300 S.F.

HARDSCAPE (INCLUDES BUILDING & POOL AREA:

LANDSCAPE:

TOTAL:

ARCHITECTURE

JEFF KATZ ARCHITECTURE
6353 Del Cerro Blvd
San Diego, CA 92120
(619) 698-9177
Contact: Matt Kingdon
[email protected]

ELECTRICAL

ELEN CONSULTING
3456 CAMINO DEL RIO NORTH STE. 101
SAN DIEGO, CA 92108
(619) 846-6918
Contact: Anton Nathanson
[email protected]
CIVIL

DELANE ENGINEERING
4909 MURPHY CANYON ROAD, SUITE 330
SAN DIEGO, CA 92123
(619) 787-5566
Contact: John Prince
[email protected]

STRUCTURAL
ORIE2 ENGINEERING
9750 MIRAMAR ROAD, SUITE 310
SAN DIEGO, CA 92126
(858) 335-7643
Contact: Don Orie
[email protected]

LANDSCAPE
RHAA
225 MILLER AVE
MILL VALLEY, CA 94941
(415) 383-7900
Contact: Aimee Jeska
[email protected]

PLUMBING

MCPARLANE & ASSOCIATES
4830 VIEWRIDGE AVE.

SAN DIEGO, CA 92123
(858) 277-9721
Contact: Doug Isaaks, P.E.
[email protected]

MECHANICAL

MCPARLANE & ASSOCIATES
4830 VIEWRIDGE AVE.

SAN DIEGO, CA 92123
(858) 277-9721
Contact: Doug Isaaks, P.E.
[email protected]

AQUATIC
WATER TECHNOLOGY, INC.
100 PARK AVENUE
BEAVER DAM, WI 53916
(920) 887-7375
Contact: Scott Lemonds
[email protected]

A REGISTERED CALIFORNIA ARCHITECT, CIVIL OR STRUCTURAL ENGINEER SHALL

OBSERVE THE WORK OF CONSTRUCTION AND SUBMIT AFFIDAVITS ATTESTING TO

THE COMPLIANCE OF THE CONSTRUCTION WITH THE APPROVED CONTRACT DOCUMENTS.

NOTE:

SITE
- PREMANUFACTURED SHADE STRUCTURES
- WATER PLAY STRUCTURES
DEFERRED SUBMITTAL NOTES:

TWO (2) COPIES OF EACH DEFERRED SUBMITTAL WILL BE FIRST

SUBMITTED TO THE ARCHITECT/ENGINEER-OF-RECORD, WHO WILL

REVIEW THEM AND FOWARD THEM TO THE BUILDING DEPARTMENT

WITH NOTATIONS INDICATING THAT THE SUBMITTALS CONFORM TO THE DESIGN OF THE BUILDING.

THE ENGINEER(S) RESPONSIBLE FOR THE DESIGN OF THE DEFERRED

SUBMITTAL ITEMS SHALL STAMP AND WET-SIGN THOSE DRAWINGS

AND CALCULATIONS FOR WHICH HE/SHE IS RESPONSIBLE
E
E
K
C
I
FR
A
REN. 09/10/23
F
E AT
ST

OF CALI
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FEJ
C018223
.

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IANR
ATZ
T
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ED ARC
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 
Project:

Description: Date:

Project Number:

Drawn By:

Checked By:

Sheet Title:

Approved By:

Sheet Number:
www.jeffkatzarchitecture.com
BID SET 04/11/22 6353 DEL CERRO BOULEVARD | SAN DIEGO, CA 92120 | 619.698.9177

TITLE SHEET
191203
T-1

DELANO AQUATIC
CENTER

CITY OF DELANO
200 W. 11th Ave.

Delano, CA 93215
JB
MK
RW

PROJECT DATA LEGAL DESCRIPTION

PROJECT TEAM

LOCATION MAP VICINITY MAP

CITY OF DELANO

DELANO AQUATIC CENTER
200 W 11TH AVENUE, DELANO, CA 93125

DEFERRED SUBMITTALS
aquatic center site plan DELANO PARK & AQUATIC CENTER
7/15/2021
0 20’ 40’ 60’
1” = 20’-0”
aquatic center FLOOR PLAN DELANO PARK & AQUATIC CENTER
total building area: 3,499 sq. ft.
7/15/2021
0 5’ 10’ 20’
1/8” = 1’-0”

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 16
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: City Council Grand Jury Report Response to Findings and Recommendations as provided for in the California Penal Code

RECOMMENDATION
It is recommended that the City Council discuss and vote on its responses to the Grand Jury Report’s Findings and Recommendations.

DISCUSSION
The Grand Jury issued its final report to the City on December 15, 2021. Under Penal Code section 933 et. seq. a response is required to both the Findings and Recommendations. In the Report there are a few items that are within the purview of the City staff to address but the majority of the items relate to Council matters and therefore require Council action.

The Penal Code requires that the City Council agree or disagree in whole or in part with a Finding. In the event the City disagrees with a Finding it is required to specify what is being disputed and the reasons therefor. For each Recommendation the Council must state if it has been implemented or when it will be or if the recommendation requires further analysis or study and when that will be done, or that the recommendation will not be implemented and why. Refer to the excerpts provided by the Grand Jury and attached to the Staff Report for the Penal code language.

As taken directly from the Grand Jury Report see the Findings and Recommendations below as well as draft responses for the Council to consider in italics.

FINDINGS:

F1. Residents of Delano would be better represented if the City of Delano converted from At-Large City Council representation to District Based City Council representation. Because of the adverse effect of de facto segregation, this would ensure that all demographics of the city have equal representation.

It would give each district the opportunity to elect someone living in his or her district.

DRAFT RESPONSE: The City Council Agrees with this Finding in part as it relates to representation of the City based on Districts will result in district based representation and will allow District elected councilmembers. The City Council does not agree to the statement: “Because of the adverse effect of de facto segregation, this would ensure that all demographics of the city have equal representation.” The City Council is not aware of any facts to support such a statement relating to adverse effects of At-Large elections nor were they provided in the Grand Jury Report.

F2. The current website link to the ZOOM Delano City Council webinar, on the last page of the Agenda makes it difficult to locate, especially for people with limited internet ability.

DRAFT RESPONSE: City Council agrees with this Finding.

F3. Delano is well within its right not to have in-person attendance at City Council meetings. This practice, however, disenfranchises those without internet access and technical expertise.

DRAFT RESPONSE: City Council agrees with this Finding.

F4. Delano has made an admirable effort at being transparent, via their website.

Unfortunately, the Delano City Council has missed the mark in providing a Citizens’ Review Committee for Measure U spending. The Committee has not met since 2012—this is a violation of the Measure U Ballot initiative.

DRAFT RESPONSE: City Council agrees with this Finding.

F5. This crossroad Delano currently finds itself at is a tenuous one. Varying ideologies on how a city should be run exists between the City Council and city officials. This threatens to stall the progress Delano has made. The City Council and city officials must bridge the gap of their divide in order to maintain the progress and development the city has produced in recent years and ensure that future growth is not stunted.

DRAFT RESPONSE: Council agrees with this Finding in part. The Council agrees there is a difference of ideology on the Council. The Council does not agree that the varying opinions of the Council threatens to stall City progress.

RECOMMENDATIONS:

R1.Within the next five years, the Delano City Council should convert to a District Based City Council representation. (Finding 1) DRAFT RESPONSE: The City Council had already directed that this item come to the full Council in the next few months to allow the Council to consider changing to District based elections with proper noticing and input from the community as required by law.

R2.The Delano City Council ZOOM hyper-link on the website Agenda page should immediately be moved from the last page to the first page. (Finding 2)
DRAFT RESPONSE: City staff has moved the link to the top of the Agenda on the first page.

R3.To benefit citizens who do not have internet access, the Delano City Council should resume in-person meetings, in addition to ZOOM, in accordance with Centers for Disease Control Guidelines, i.e., mask wearing and social distancing. (Finding 3)
DRAFT RESPONSE: City Council has resumed in person meetings as of February 2022 and continues to allow public participation via ZOOM R4.In order to comply with Measure U, the Delano City Council should immediately advertise for and empanel candidates for the Measure U Citizens Review Committee. The City Council should ensure that meetings are held yearly. (Finding 4)
DRAFT RESPONSE: City Council has fully empaneled members to the Measure U Committee and directed that its annual Measure U review be conducted.

R5.The Delano City Council and city officials must bridge the gap of their ideological differences. In order to improve communication and relations amongst them, the Delano City Council and city officials should initiate team-building meetings quarterly, where they can establish a positive working relationship. (Finding 5)
DRAFT RESPONSE: The City Council agrees to work together in the best interest of the City and to discuss team building meetings.

Attachments: Final Grand Jury Report
Letter from Grand Jury regarding Response

2021-2022 Kern County Grand Jury Report

CITY OF DELANO AT THE CROSSROADS
SUMMARY:

The City of Delano, the second most populated city in Kern County, has a storied history dating from 1869. Its roots run deep—almost literally—in the soil and toil of agriculture. For generations, Delano symbolizes the heart and soul of agriculture in California. From the early period of the Bracero Program, the Filipino migration, and ultimately the advent of Cesar Chavez, Phillip Vera Cruz and Larry Dulay Itliong, all involved in bitter labor disputes, the people of Delano have seen it all.

Delano is at a crossroads. It finds itself at an intersection where politics, special interests and conflicting public sentiments come head to head. For example, Measure I (now Measure U) spending is hotly debated, the need for walkways verses maintaining the golf course is a big issue. Recently, a new Chief of Police was hired and this proved to be a contentious drawn out process. In addition, in the past 10 years Delano’s population has flattened. One concerned resident stated, “we have to do something to stop people from moving to Bakersfield—they’re all moving to Bakersfield!”
In the past 10 years, Delano has made remarkable improvements to its roads, infrastructure, community development and the quality of life for Delano residents has been enhanced. This advancement is in danger of disruption due to ongoing strife and disunity between city officials and the Delano City Council.

PURPOSE OF INQUIRY:

The City of Delano (Delano) was previously reviewed by the 2017-2018 Kern County Grand Jury. Pursuant to California Penal Code §925(a), the 2021-2022 Kern County Grand Jury (Grand Jury) conducted an inquiry into the operations and management of Delano.

METHODOLOGY:

The Grand Jury conducted interviews with Delano city officials, various Delano City Council members and concerned citizens. The Grand Jury viewed a City Council meeting on ZOOM video and reviewed the Delano City Council’s agendas and minutes. Internet research was conducted and previous Grand Jury reports were reviewed.

DISCUSSION OF FACTS:

Delano is a General Law city with five elected City Council members, one of which serves as Mayor. General Law cities are regulated by State Government Codes. Delano currently utilizes an At-Large form of City Council representation. In At-Large systems, all citizens of the city vote on City Council members whereas in District Assigned systems, City Council members are 2021-2022 Kern County Grand Jury Report
voted in by the geographical district they represent. At this juncture, Delano officials and the Delano City Council do not see the need to change.

Delano city officials and department heads average 10 years of experience. Delano is committed to transparency. They have enhanced their website into a stellar, well designed system that includes City Council agendas and minutes; detailed current and prior budgets; department specifications; virtual recreation, which offers virtual field trips and fitness videos; and community service notices, and much more.

In July 2021, the County of Kern opened the Delano Navigation Center for the homeless located at 531 High Street. It is estimated that there are approximately 66 homeless in Delano. (PointIn-Time Census, 2020) On October 25 and November 4, 2021, the Grand Jury toured Delano and noticed little to no graffiti; the major roadways were generally in good repair; traffic lights and stop signs appeared to be safely organized; and there were no unusual areas of litter accumulation.

The Grand Jury noted the following:

A. The current population of Delano is 53,573, to include approximately 7,000 from two California Department of Corrections and Rehabilitation (CDCR) prisons. The 30- year population history reflects:
• 1990……….23,091
• 2000……….38,824
• 2010……….53,041
• 2020……….53,573
B. Delano has five high schools, 13 elementary schools and one charter K-12 school.

C. Delano owns the Delano Golf Course and maintains the fairways and greens. The green fees and clubhouse activities are contracted to a private vendor. The golf course is played by adults, retirees and the high schools hold tournaments there.

D. Delano is made up of five departments with 230 employees:
• City Engineering & Public Works
• Finance & Information Systems & Technology
• Police
• Community Development
• Human Resources
E. In 2020, Delano contracted for fire service with the Kern County Fire Department, at a cost of $2,500,000 per year for the next five years, with an annual Consumer Price Index increase of 3%.
2021-2022 Kern County Grand Jury Report
F. Delano’s overall budget, including funding from the American Rescue Plan Act (ARPA) is approximately $106 million for fiscal year (FY) 2021-2022 and projected to be $90 million for FY 2022-2023, without ARPA:
• 2021-2022 Budget Summary
o Revenues $113,057,404
o Expenses 106,337,607
o Revenue Less Expense 6,719.734
• 2021-2022 General Fund Summary
o Revenues $ 28,227,670
o Expenses 28,242,670
o Revenues less expenses -15,000
• Outstanding debt $ 60,374,213
Per city officials, as of June 30, 2021, Delano has $12 million in emergency reserves and its retirement pension is 82% funded.

G. On August 20, 2020, the State of California closed the Delano Modified Community Correctional Facility, eliminating 76 jobs compounding Delano’s high unemployment rate. An independent financial audit dated June 30, 2020 states the following:

Delano has been earmarked as one of the cities with the highest unemployment rate in California. The new commercial and residential developments that are coming to Delano are aiding to stabilize the local economy and move forward slowly.

Unemployment in Delano was at 31.6% as of June 2020, an increase of 6.7% from the rate on June 30, 2019 due to the COVID-19 economic impact. As of October 2021, the State of California Finance and Labor Statistics reports Delano’s unemployment rate had improved to 13%.

H. Delano’s largest employers are:

1. California Department of Corrections and Rehabilitation

2. Delano Unified School District

3. Wonderful Citrus Packing

4. Adventist Health Delano
I. In November 2020, Delano purchased the Voice of America property, an approximate 804-acre undeveloped parcel, for $5 million. Delano is in the process of annexing the parcel so that this area can be developed into a multi-purpose area with new housing and retail.
2021-2022 Kern County Grand Jury Report
Per city officials, other recent projects that have been approved and are under construction or consideration are:
• 196 single-family homes under construction at Hiett Avenue and County Line Road
• 194 homes approved for construction at Hiett and Cecil Avenues • In-and-Out, Chipotle, and a gas station next to Home Depot on Woollomes Avenue
• Popeyes Fried Chicken on Cecil Avenue and Princeton Streets • Drive-thru car wash next to the Aldi store on Woollomes Avenue • Bootbarn on Glenwood Avenue next to Harbor Freight
• Safe1 Credit Union on 11th Avenue and Fremont Street
• Big Lots, located in a portion of the old K-Mart building at County Line Road • Indications of interest by Dutch Bros, at the location of the old Del Taco on High Street and Cecil Avenue
• Application for annexation on the northeast corner of Browning Road and Garces Highway for 85 single-family homes

J. Delano is currently undergoing their General Plan Update. Completion is anticipated within the next two years. The last update was in 2005. The General Plan Update will provide an opportunity for the community to review the current policies and make changes, which will guide Delano through the next 20 years.

K. Public Works is Delano’s largest department with two divisions and 100 full-time and seven part-time employees. In addition to its regular duties, Public Works is currently undertaking sewer main and water line repairs between Glenwood and Fremont Streets, and 6th and 8th Avenues, at an estimated cost of $700,000 issued from the sewer fund.

L. The Delano City Council is deeply divided with moderates pitted against progressives who want change now. Because of differing philosophies and sentiments regarding the way a city should be operated, bitter attitudes exist and there is little constructive communication.

M. On October 25, 2021, Delano swore in a new Chief of Police. The appointment process involved five panels consisting of seven members each, who interviewed candidates and made recommendations to the City Manager. Based on the recommendations from the panels, the City Manager made the final decision.

The appointment was not warmly welcomed by all. In fact, not all City Council members attended the swearing in ceremony. A local media station reported, Some city council members supported and welcomed him while asking Delano to also give their chief of police a chance. Other City Council members had concerns that the new Chief had a prior working relationship with US Immigration and Customs Enforcement (ICE) and that the city’s undocumented residents would be in danger of 2021-2022 Kern County Grand Jury Report
deportation. It should be noted that in August 2019, the City Council voted to make Delano the first designated “Sanctuary City” in Kern County.

N. Another contentious point is Delano’s use of School Resource Officers (SROs) on school campuses. Here again the City Council is divided. Some Council members support the SROs, while others state that the SROs do not make schools safer and are not good for school culture; that they provide a possible school-to-prison pipeline. It should be noted that the current Delano Police statistics state that between 2017 and 2020, there were no juvenile arrests under age 11. Additionally, due to staffing shortages, only one SRO is assigned to all 18 Delano schools.

O. The Delano Police Department is creating outreach programs to build trust within the community. Recently, they sponsored the “Trunk-or-Treat” Halloween candy giveaway, and they are actively recruiting for their Explorer Program. The Explorer Program consists of young adults’ ages 15 to 24. Explorers receive training and are able to ride with officers on patrol assisting in missing person searches, special events, traffic control, and more.

P. In August 2020, the Delano Police Department installed 182 crime deterrent surveillance cameras throughout the city at a cost of $180,000, funded by a transportation grant. The cameras provide 360-degree surveillance of strategic areas including bus stops and city parks. Additionally, in September 2021, the City Council approved 63 body worn cameras that are due to be issued in July 2022.

Photo by Grand Jury
Q. During the September 2, 2021 City Council Special Meeting, a concerned resident publically commented, asking about Measure U: …what are the projections for both years…just like the past, what are details in how that money was spent and when is the Oversight Committee (sic) going to be functioning? On October 4, 2021, the City Council regular meeting minutes reflect another public comment: …Measure I and U, they’ve never seemed to be able to get an accounting for that particular money… 2021-2022 Kern County Grand Jury Report

Photo by Grand Jury
On November 6, 2007, voters in Delano approved Measure I, a 1% sales tax increase to be deposited in Delano’s general fund. It has been used to pay for general city services such as police, fire, park maintenance, recreational facilities, street repair, engineering and administration. The tax ran for 10 years, and a Citizens Review committee was established. Delano subsequently purchased 20 police vehicles with Measure I funds.

On November 8, 2016, Delano voters passed Measure U, which extended the Measure I sales tax for another 10 years, keeping the same budget objectives and continuing the empaneling of a Citizen Review Committee. Per the County of Kern Sample Ballot of November 8, 2016:

The governing body of the City of Delano is the City of Delano City Council. The City Council ordinance will continue to require a continuance of an independent Citizens Review Committee to oversee the effective and efficient utilization of these additional funds. In addition to, the City is required to have an annual financial audit as specified in Government Code Section 6505.

Measure U produces approximately $6 million in revenue per year. City officials provided minutes of the Citizen Review Committee meetings. Meetings occurred in 2008, 2009, 2010, 2011 and 2012. No meetings have convened since 2012. The City Council and city officials state that recruiting volunteers for this committee is difficult.

R. Currently, the Delano City Council is holding council meetings by ZOOM video only, in accordance with the Governor’s Executive Order N-08-21. Of seven cities in Kern County, Delano is the only city not allowing public attendance. The City Council has made this their policy in the abundance of caution, due to COVID-19. 2021-2022 Kern County Grand Jury Report
S. To access the City Council meetings on ZOOM, one goes to the Delano website, City Council Agenda instructions. The ZOOM webinar link is not readily available on the first page but is located on the last page of the agenda.

FINDINGS:

F2. The current website link to the ZOOM Delano City Council webinar, on the last page of the Agenda makes it difficult to locate, especially for people with limited internet ability.

F3. Delano is well within its right not to have in-person attendance at City Council meetings. This practice, however, disenfranchises those without internet access and technical expertise.

F4. Delano has made an admirable effort at being transparent, via their website.

COMMENTS:

The Grand Jury would like to thank the city of Delano and all who provided interviews and vital documentation for this report.

RECOMMENDATIONS:

R1. Within the next five years, the Delano City Council should convert to a District Based City Council representation. (Finding 1)
R2. The Delano City Council ZOOM hyper-link on the website Agenda page should immediately be moved from the last page to the first page. (Finding 2) 2021-2022 Kern County Grand Jury Report
R3. To benefit citizens who do not have internet access, the Delano City Council should resume in-person meetings, in addition to ZOOM, in accordance with Centers for Disease Control Guidelines, i.e., mask wearing and social distancing. (Finding 3) R4. In order to comply with Measure U, the Delano City Council should immediately advertise for and empanel candidates for the Measure U Citizens Review Committee. The City Council should ensure that meetings are held yearly. (Finding 4)
R5. The Delano City Council and city officials must bridge the gap of their ideological differences. In order to improve communication and relations amongst them, the Delano City Council and city officials should initiate team-building meetings quarterly, where they can establish a positive working relationship. (Finding 5) NOTES:
• The City of Delano should post a copy of this report where it will be available for public review.
• Persons wishing to receive an email notification of newly released reports may sign up at:
www.kerncounty.com/grandjury
• Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO:

PRESIDING JUDGE

KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE, SUITE 212
BAKERSFIELD, CA 93301
• FOREPERSON

KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
§933. Findings and Recommendations (Excerpt)
No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every election county officer or agency head for which the grand jury has responsibility pursuant to section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file those offices.

As used in this section “agency” includes a department
§933.05. Responses to Findings (Excerpt)
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 17
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: Discussion and action on City Council waiver of the attorney–client privilege under the Evidence Code as it relates to certain emails. (Councilmember Alindajao)
Recommendation
City Council discuss whether to waive the attorney-client privilege for specific email communications to and from the City Attorney.

Discussion
Councilmember Alindajao has asked that this item be added to the agenda for Council discussion and direction.

As explained in the California League of Cities Public Records Act Guide, the attorneyclient privilege protects from disclosure the entirety of confidential communications between attorney and client, including factual and other information not in itself privileged outside of attorney-client communications. The fundamental purpose of the attorney-client privilege is preservation of the confidential relationship between attorney and client. It is not necessary to demonstrate that prejudice would result from disclosure of attorney-client communications to prevent such disclosure. When the party claiming the privilege shows the dominant purpose of the relationship between the parties to the communication was one of attorney and client, the communication is protected by the privilege.

Pursuant to California Evidence Code Section 912(a), only the holder of a privilege may waive it. For the attorney-client privilege, where a public entity is the client, the holder of the privilege is the body with sovereign authority at the top of the governmental structure. In this case that is the City Council. If the City Council votes to waive the privilege the emails can be made public.

Attachments: Emails (not included in the public agenda due to Attorney-Client Confidentially)

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 18
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: Discussion and Direction on City Council Hiring of an Outside Investigator Regarding Allegations Related to Mayor Pro Tem Vasquez (Councilmember Alindajao)
Recommendation

1. City Council discuss and vote on whether to proceed with an investigation and what the scope of the investigation will be; and

2. City Council direct staff to solicit proposals for outside investigators to be brought back before Council to select and enter into an agreement, if the direction is to proceed with an outside investigation.

Discussion
Council Member Alindajao asked that this item be added to the agenda for Council discussion and direction. On March 7 the Council discussed the item and it was tabled. At the Council meeting of March 21, Council Member Alindajao asked that the item be placed back on the Agenda of April 4.

If the Council decides to proceed with an investigation, they should also direct staff to solicit proposals to bring back before the Council to select the investigator and enter into an agreement for their services.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 19
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Rachel Richman, City Attorney
SUBJECT: Transfer of Game Room License Pursuant to Delano Municipal Code 6.08 et seq. for the Aviator Casino from ABA Properties, LLC to Jong Kim Weeks and Bouasone Vongphoumlek

RECOMMENDATION
It is recommended that the City Council adopt a Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA APPROVING THE TRANSFER OF GAMING ROOM LICENSE NO. #GEGE-001305 PURSUANT TO DELANO MUNICIPAL CODE SECTION 6.08 ET SEQ.”

DISCUSSION
The Delano Municipal Code requires a gaming establishment be issued a licensed prior to operating within the City. In 2011 ABA Properties, LLC was issued a License for a gaming establishment known as The Aviator Casino. ABA Energy Corporation and Alan Brett Alder (“Alder”) are the pointholders of The Aviator Casino.

ABA Energy Corporation has entered into a Purchase and Sale Agreement with Jong Kim Weeks and Bouasone Vongphoumlek-Weeks, (collectively “Weeks”) for complete ownership interest in ABA Properties, LLC, subject to the approval of the City, review by the Bureau of Gambling Control (“Bureau”), and the approval of the California Gambling Control Commission (“CGCC”). The Delano Municipal Code requires City approval in order to transfer the License. ABA Energy Corporation and Alder are requesting the City Council approve a transfer of License No. GEGE-001305 to Weeks.

The parties submitted application transfer information to the City consistent what that information that is also required by the Department of Justice and California Gaming Commission. In addition the parties provided a $5,100 fee to the City. The City Council may at its discretion approve or deny the transfer of the License from ABA Energy Corporation and Alder to Weeks pursuant to Delano Municipal Code Section 6.08.110.

Attachments: Resolution
Application (without attachments noted as confidential information provided to the DOJ and Gaming Commission)
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RESOLUTION NO. 2022 – __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA APPROVING THE TRANSFER OF GAMING ROOM LICENSE NO. GEGE-001305 PURSUANT TO DELANO MUNICIPAL CODE SECTION 6.08 ET SEQ.

WHEREAS, ABA Properties, LLC was issued License No. GEGE-001305 by the City of Delano for a gambling establishment known as The Aviator Casino pursuant Delano Gaming Code Section 6.08 et seq. (“Delano Gaming Code”); and WHEREAS, ABA Energy Corporation (“ABA”), the Single Member of ABA Properties, LLC, and Alan Brett Adler (“Adler”) the Single Manager of ABA Properties, LLC were approved as pointholders of ABA Properties, LLC for the gambling establishment known as The Aviator Casino in Delano, California pursuant to the City of Delano Gaming Code, and
WHEREAS, ABA Energy Corporation has entered into a Purchase and Sale Agreement (“PSA”) with Jong Kim Weeks and Bouasone Vongphoumlek-Weeks, (collectively “Weeks”) for 100% of the ownership interest in and to ABA Properties, LLC, subject to the approval of the City of Delano, a required review by the by the Bureau of Gambling Control (“Bureau”), and the approval of the California Gambling Control Commission (“CGCC”); and
WHEREAS, Weeks submitted pointholder applications and the fees required to the City of Delano in compliance with Delano Gambling Code Section 6.08.130, and have otherwise complied with and/or met all requirements of the Delano Gambling Code necessary to become pointholders; and
WHEREAS, the Bureau has reviewed the application of Weeks and completed its background investigation and Weeks are awaiting approval for a state Gambling License; and
WHEREAS, Because the PSA involves a seller-financed transaction, ABA and Adler shall remain pointholders of ABA Properties, LLC as contingent owners pursuant to the PSA such that if Weeks fail to comply with the terms and conditions of the PSA, ABA and Adler may be reinstated to management, control and ownership of ABA Properties, LLC without further action by the City of Delano.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELANO AS FOLLOWS:

SECTION 1. Jong Kim Weeks and Bouasone Vongphoumlek-Weeks are hereby approved as pointholders of ABA Properties, LLC dba The Aviator Casino pursuant to Delano Municipal Code Section 6.08.120.
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SECTION 2. In accord with Sections 6.08.110 of the Delano Municipal Code the purchase and sale of ABA Properties, LLC by Jong Kim Weeks and Bouasone Vongphoumlek-Weeks, including its interest in the gaming establishment known as The Aviator Casino, is hereby approved subject to the approval of the CGCC. .

SECTION 3. The City of Delano expressly finds that ABA and Adler shall remain pointholders subject to the Delano Gaming Code and in accord with their retained security interest set forth in the PSA. Should Weeks fail to comply with the terms and conditions of the PSA, upon written notice to the City Manager, Adler and/or ABA are approved to resume operations of The Aviator Casino without further action of the City of Delano subject to the provisions of the Delano Gaming Code and the subject to the approval of the CGCC.

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

ADOPTED, SIGNED AND APPROVED this 4th day of April, 2022.

BRYAN OSORIO, MAYOR
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I hereby certify that the foregoing Resolution was dully passed and adopted by the City of Delano on this ___th day of _____, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

RICARDO G. CHAVEZ, CITY CLERK
S'MM
wesse^sssFWsssas
. PROPERTIES, LLC
November 17,2021
Hand Delivered

CITY OF DELANO
P.O. Box 3010
Delano, CA 93216-3010
Attn; Maribel Reyna, City Manager
RE: Sale of ABA Properties, LLC dba The Aviator Casino " • Dear Ms. Reyna:

As we have discussed, my company, ABA Energy Corporation, the current owner of ABA Properties, LLC dba The Aviator Casino, has reached an agreement to sell all of its interest in ABA Properties, LLC to Jong Kim Weeks and Bouasone Vongphoumlek-Weeks, ("Buyers"). The Buyers are a husband and wife who have been in the gaming industry for nearly twenty years.

Although the Agreement is already executed, it is nevertheless subject to all required regulatory approvals including those by the California Gambling Control Commission ("CGCC") after review by the Bureau of Gambling Control ("Bureau") and of course by the City of Delano. Please find attached die application and financial documentation ("State Application") which Mr. and Mrs. Weeks have already submitted to the Bureau as a part of tiieir application to obtain the required California Gaming License from the CGCC. The State Package is EXEMPT FROM DISCLOSURE underthe California Public Records Act under Government Code § 6254(n) as it is deemed to be the personal financial data of an applicant for a license. A copy of the Purchase and Sale Agreement dated September 1, 2021 ("Agreement") is included/attached within the State Application and is also EXEMPT FROM DISCLOSURE under the California Public Records Act under Government Code § 6254(n) as it is deemed to be the personal financial data of an applicant for a license.

For clarity, I am the sole shareholder of ABA Energy Corporation, ABA Energy Corporation is the single member of ABA Properties, LLC, and ABA Properties, LLC operates in kern County under a fictitious business name "The Aviator Casino". Although the gaming License issued by the City of Delano resides with ABA Properties, LLC, both ABA Energy Corporation and Alan Brett Adler were also licensed by the City of Delano as Pointholders and remain so presently. As can be seen in the Agreement, ABA Energy Corporation is selling 100% of the shares of ABA Properties, LLC to the Buyers. Accordingly, ABA Properties LLC will remain as the Owner of the License, but the shareholders/members/Manager of ABA Properties, LLC will change and accordingly, Mr. and Mrs. Weeks will be required to be licenced as Pointholders.
{00499600;!}

CITY OF DELANO
Maribel Reyna, City Manager
November 17,2021

Page 2 ends

Because the Agreement involves a seller-financed transaction, both Alan Brett Adier and ABA Energy Corporation (collectively "ABA") will remain as licensed Pointholders unless and until die Buyere refinance with a third parly or pay the associated Promissoiy Note in full. During the period of time in which ABA has a security interest in the business, ABA shall have no influence, control or involvement in the gambling enterprise nor receive any revenues of die gambling enterprise. This will also address the situation if the Buyers default, as both Alan Brett Adler and ABA Energy Corporation are already Poindiolders and will then be able to perfect their security interest in the business.

Section 6.08.130 of the Delano Municipal Code states diat "Persons wishing to l^me Pointholders shall, prior to acquiring an ownership interest in any Gaming Establishment, file an application with the Chy Manager on a form approved by the City Attorney". As you and the City Attorney have confirmed, presently no "form" to transfer a Pointholder's interest presently exists- Therefore, the City has agreed to accept the attached State Application which Buyers have already submitt^ to the Bureau, md which follows the CGCC*s transfer procedure, as the approved application "form" referenced in Section

6.08.130. We followed this procedure for my application for Pointholders approval as well. Additionally, please be advised that Mr. and Mrs. Weeks are also well underway with &eir application to obtain the transfer of the liquor license with the ABC.

Lastly, please find enclosed the Buyer's check in the amount of $5,100.00, made out tothe City of Delano, for the Weeks' Pointholder applications (per section 6.08.330) which is cOpiprised of $2,500.00 per principal for the application fee plus $50/each for tiie fee due for transfers and assignments (a total of $2,550 each for Mr. and Mrs. Weeks). ^
We would be h^py to meet with you and/or the City Councilmembers to address any issues associated with this transfer. If you have any questions, please do not hesitate to contact me.

Al^^
er of ABA Pbej^ies, LLC
Enclosures
■ State Application - Exempt fh)m Disclosure under CPRA (GC §6254(n)) ■ Agreement - Exempt fit>m Disclosure under CPRA (GC §6254(n)) ■ Check to City of Delano in the amount of $5,100 for Pointholder applicatioiis & transfer fees. (00499G00!l]
I
P.O. Box 80476, Bakersfield, CA 93380-0476 Phone: (661) 324-7500 Fax; (661) 324-7568

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CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 20
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding Assembly Member Rudy Salas’ request for a letter of support regarding AB 2489 (Salas) – Neighborhood Teacher Incentive Grant Program and direct the Mayor to sign proposed letter of support
Recommendation
Staff requests City Council to discuss and provide direction.

Discussion
Assembly Member Rudy Salas requested the support from the City Council regarding AB 2489 (Salas) – Neighborhood Teacher Incentive Grant Program. Assembly Member Salas has authored the following bill and is seeking a letter of support.

Fiscal Impact
No fiscal impact.

Attachments
Proposed Letter of support
Fact Sheet
[Date]
The Honorable Rudy Salas
1021 O Street, Suite 4610
Sacramento, CA 95814
RE: AB 2489 (Salas) – Neighborhood Teacher Incentive Grant Program – SUPPORT Dear Assemblymember Salas:
[ORGANIZATION] is pleased to support Assembly Bill (AB) 2489, which will provide $50 million in grant funds to teachers who work at and live near underserved and understaffed schools. Ensuring schools are properly staffed with teachers that live in the community establishes a stronger connection between teachers and students, and creates a more positive learning experience.

Public schools have struggled for years to recruit and retain enough teachers for their students.

According to a study conducted by the Learning Policy Institute, 80 percent of California school districts — four out of every five — are currently being impacted by teacher shortages. The Institute also found in 2019 that 9% of teachers left public school teaching in California and 11% of teachers left public school teaching in their district or county.

California needs innovative ways to reduce the teacher shortage and ensure our struggling schools have the resources they need to provide quality education for their students. Research has shown that children from under-resourced backgrounds are most likely to have poor relationships with their teachers. Ensuring that a student’s teacher is also from their community increases engagement, improves attendance, and lowers school dropout rates.

AB 2489 is a unique, community-based approach to addressing the teacher shortage that provides $50 million in grant funds to supplement the salaries of teachers who agree to live within the boundaries of the priority school they teach at for five years. Eligible priority schools are K-12 schools that have 50 percent or more of their student population eligible for free or reduced-priced meals. These efforts will help recruit and retain our best and brightest educators in struggling school districts.

For these reasons, [ORGANIZATION] strongly supports AB 2489.

Sincerely,
[NAME]
Assemblymember Rudy Salas, 32nd District
ASSEMBLY BILL 2489 – NEIGHBORHOOD TEACHER INCENTIVE GRANT PROGRAM.

FACT SHEET
02/17/22 As introduced February 17, 2022 AB 2489 Fact Sheet

BACKGROUND
Public schools have struggled for years to recruit and retain enough teachers for their students. According to a study conducted by the Learning Policy Institute, 80 percent of California school districts — four out of every five — are currently being impacted by teacher shortages. The
Institute also found in 2019 that 9% of teachers left public school teaching in California and 11% of teachers left
public school teaching in their district or county.

The COVID-19 pandemic has also accelerated teachers
leaving the profession. A survey by the National Education Association published in February 2022 reported that 55 percent of educators are thinking about leaving the
profession. Teachers around California have expressed
concerns over severe staffing shortages, difficulties with COVID-19 requirements, and worsening overall working
conditions.

ISSUE
California needs innovative ways to reduce the teacher
shortage and ensure our struggling schools have the
resources they need to provide quality education for their students. Research has shown that children from underresourced backgrounds are most likely to have poor relationships with their teachers. Ensuring that a student’s teacher is also from their community can improve studentteacher bonds and promote a healthier learning environment.

The benefits of creating these stronger bonds translates to academic improvements as well. A Review of Educational
Research analysis of 46 studies found that strong teacherstudent relationships were associated in both the short- and long-term with improvements in higher student academic
engagement, attendance, grades, and caused fewer
disruptive behaviors and suspensions and lowered school dropout rates.

EXISTING LAW
The Golden State Teacher Grant Program under the
administration of the Student Aid Commission provides a grant to each student enrolled in an approved teacher
credentialing program who commits to working in a highneed field, as defined, at a priority school, as defined, for 4 years after the student receives a preliminary teaching credential. The program also establishes the National
Board for Professional Teaching Standards Certification Incentive Program to award grants to teachers who agree to teach for 5 years at a high-priority school, as provided.

THIS BILL
AB 2489 will provide $50 million in grant funds to
supplement the pay of teachers who agree to live within the boundaries of the respective priority school they teach at for five years. Priority schools are those that have 50 percent or more of their student population eligible for free and reduced-price meals. The grant funds can only be used to supplement teacher salaries, and schools must develop a hiring plan to find eligible candidates if a teacher in the program leaves. AB 2489 is a unique, community-based
approach to addressing the teacher shortage, and will help struggling school districts recruit and retain our best educators.

FOR MORE INFORMATION
Michael Dyar
P: (916) 442-7268
F: (916) 442-7268
[email protected]

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 21
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding Assembly Member Rudy Salas’ request for a letter of support regarding AB 1941 (Salas) – Increasing the State Supplementary Payment for the Aged, Blind, and Disabled and direct the Mayor to sign proposed letter of support
Recommendation
Staff requests City Council to discuss and provide direction.

Discussion
Assembly Member Rudy Salas requested the support from the City Council regarding AB 1941 (Salas) – Increasing the State Supplementary Payment for the Aged, Blind, and Disabled. Assembly Member Salas has authored the following bill and is seeking a letter of support.

Fiscal Impact
No fiscal impact.

Attachments
Proposed Letter of support
Fact Sheet
[Date]
The Honorable Rudy Salas
1021 O Street, Suite 4610
Sacramento, CA 95814
RE: AB 1941 (Salas) – Increasing the State Supplementary Payment for the Aged, Blind, and Disabled – SUPPORT
Dear Assemblymember Salas:
[ORGANIZATION] is pleased to support Assembly Bill (AB) 1941, which will provide beneficiaries of the State Supplementary Payment Program for the Aged, Blind, and Disabled (SSP) with an additional $600 in benefit payments in any year that the state has a budget surplus.

The SSP is an income supplement program for Social Security recipients that provides cash to help low-to-no income seniors, blind, and disabled individuals meet basic needs for food, shelter, and medicine.

In 2021, 18 percent of adults aged 65 and older in California were in poverty. One in thirteen American seniors are economically insecure, and are just one check away from falling into poverty. A 2021 Commonwealth Fund survey also found that 19 percent of seniors in the United States reported using up all or most of their savings because of the pandemic.

Despite the mounting economic stress that seniors and the blind and disabled face, the SSP program has not been increased enough to match the changes in the cost of living. If an individual senior receives the maximum SSP benefit, $971, they still fall below the federal poverty line. The last time the SSP grant level was above the federal poverty line was in 2009.

Additionally, almost half of single seniors depend on Social Security for 90 percent or more of their total income.

AB 1941 implements the simple, common-sense solution of providing the most vulnerable seniors, blind, and disabled individuals with an extra $600 a month to help keep them out of poverty. California has recently experienced years of historic budget surpluses, and it must use its resources to help take our neediest populations and place them in a position where they can become more productive and self-sufficient.

For these reasons, [ORGANIZATION] strongly supports AB 1941.

Sincerely,
[NAME]
Assemblymember Rudy Salas, 32nd District
AB 1941 – STATE SUPPLEMENTARY PAYMENT PROGRAM

FACT SHEET
02/10/22 As introduced February 10th, 2022 AB 1941 Fact Sheet

BACKGROUND
California’s State Supplementary Payment (SSP) program is an income supplement program funded by general tax revenues that helps elderly, blind, and disabled people who have little or no income. The supplement, which adds on to an individual’s social security payment, provides cash to meet basic needs for food, shelter, and medicine.

The SSP provided benefits to approximately 1.2 million
recipients in 2020-21, and was appropriated $2.73 billion in revenues from the state’s General Fund. The estimated 2021-22 maximum supplement payment for an individual is $971, and the maximum payment for a couple is $1,624. On average, seniors receive a $530 supplement, and blind and disabled individuals receive average payments of almost $700.

The federal Supplemental Security Income (SSI) and SSP target the most vulnerable among the elderly, disabled, and blind.

California partners with the federal Social Security
Administration to disburse the federal and state supplemental payments together, so those in the program receive all their benefits in one Social Security check.

ISSUE
Seniors and blind and disabled individuals are faced with a multitude of economic obstacles, especially those on fixed incomes. In 2021, 18 percent of adults aged 65 and older in California were in poverty. Also last year, 15.8 percent of older adults experienced episodic poverty, constantly moving in and out of poverty every few months. One in thirteen American seniors are economically insecure, and are just one check away from falling into poverty.

The COVID-19 pandemic has severely increased the financial hardships of vulnerable populations. The National Council on Aging reported that the pandemic will push 1.4 to 2.1 million more older Americans into poverty, and older adults with the least wealth will be the hardest hit. A 2021 Commonwealth Fund survey also found that 19 percent of seniors in the United States reported using up all or most of their saving because of the pandemic.

Meanwhile, the SSI/SSP program has not been increased enough to help those facing economic ruin. Even if a senior receives the maximum SSI/SSP benefit, the grant level is still below the federal poverty line (FPL). According to the Legislative Analyst’s Office, the last time the SSI/SSP grant level was above the FPL was in 2009. Additionally, almost half of single seniors depend on Social Security for 90 percent or more of their total income.

EXISTING LAW
Existing law requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income payments made available
pursuant to the federal Social Security Act.

THIS BILL
AB 1941 provides every California SSP recipient with an additional $600 in benefit payments in any year that the state has a budget surplus. This bill would almost double the average SSP payment. AB 1941 bill helps seniors and blind and disabled individuals who are struggling to choose between putting food on the table and receiving lifesaving medications. California must use its significant budget surpluses to uplift its most vulnerable populations.

FOR MORE INFORMATION
Michael Dyar
P: (916) 319-2032
F: (916) 319-2132
[email protected]

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 22
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding Assembly Member Rudy Salas’ request for a letter of support regarding AB 2062 (Salas) – Local law enforcement hiring grants and direct the Mayor to sign proposed letter of support
Recommendation
Staff requests City Council to discuss and provide direction.

Discussion
Assembly Member Rudy Salas requested the support from the City Council regarding AB 2062 (Salas) – Local law enforcement hiring grants. Assembly Member Salas has authored the following bill and is seeking a letter of support.

Fiscal Impact
No fiscal impact.

Attachments
Proposed Letter of support
Fact Sheet
[Date]
The Honorable Rudy Salas
State Capitol, Room 4016
Sacramento, CA 95814
RE: AB 2062 (Salas) – Local law enforcement hiring grants. – SUPPORT Dear Assemblymember Salas:
[ORGANIZATION] is pleased to support Assembly Bill (AB) 2062, which will provide $50 million in grant funds to peace officers who work and live in underserved areas that are experiencing high rates of violent crime. The bill is a unique and innovative way to help reduce police staffing issues and increased crime rates.

According to a report from the Public Policy Institute of California, crime rates have disproportionately affected certain regions and counties in California. In major cities, as well as the San Joaquin Valley, troubling crime trends show that homicides have increased by about 17 percent in 2021.

Recruitment of officers continues to be a struggle for many departments statewide, with a larger disparity affecting certain areas like the San Joaquin Valley. The staffing issues many of these departments are facing have facilitated the increase of crime that these regions face.

AB 2062 will aid in resolving police staffing issues and the state’s increase in crime, by providing necessary funds to incentivize the recruitment and retention of officers. Additionally, by requiring officers to live in the communities that they serve, the program will be encouraging the use of community policing (CP). Studies show that community-oriented policing improves public safety and increases officer’s social connection to the communities they serve.

We strongly support AB 2062 because it will provide $50 million in grant funds to facilitate the hiring of peace officers who agree to live and work in local, underserved communities that are experiencing high rates of violent crime. This will help reduce crime rates by remedying staffing issues and ushering in community policing to make cities more resilient to crime.

Sincerely,
[NAME]
Assemblymember Rudy Salas, 32nd District
ASSEMBLY BILL 2062 – NEIGHBORHOOD POLICE GRANT

FACT SHEET
02/14/22 As introduced February 14, 2022 AB 2062 Fact Sheet

BACKGROUND
Throughout California, violent crime has been increasing, particularly in areas that are struggling to attract and retain qualified law enforcement officers. Recruitment of officers continues to be a struggle for many departments statewide, disproportionately affecting certain areas like the San Joaquin Valley.

In recent years, numerous police departments throughout the state have been forced to either close some of their critical units or conduct substantial staff layoffs. This is due to many departments struggling to recruit and retain members of their force. Cities that experience high levels of crime are often underserved, with many officers opting to leave and work for cities with pay that is more substantial.

These circumstances have made the methods of Community
policing (CP) more important. CP requires the active building of positive relationships with members of the community. This improves public safety and increases officer’s social connection to the communities they serve. This also facilitates a healthier relationship between the police and those that they are policing.

With CP, officers enforce the law with members of their community rather than onto them.

ISSUE
According to a report from the Public Policy Institute of California, crime rates have disproportionately affected certain regions and counties in California. The state’s largest cities, as well as the San Joaquin Valley, have seen a troubling 17 percent increase of homicide rates in 2021.

Underserved areas have often experienced the brunt of these violent crime waves. One of the issues affecting these
communities is the inability to hire and retain qualified peace officers. Providing such areas with funds to incentivize recruitment and retention would help mitigate staffing issue while encouraging the use of CP.

Studies show that community-oriented policing increases community resilience to crime. Community policing requires the formation of positive relationships within members of the community on a large scale and on a personal level. One of the ways to do this is to ensure that an officer is a member of the community that they are serving. This allows for more
collaborative partnership between officers and the civilians they protect.

EXISTING LAW
Existing law provides for the training and certification of local peace officers, including police and sheriff deputies. Existing law also requires criminal justice and delinquency prevention planning districts to be established for the purpose of coordinating local criminal justice activities and planning for the use of state and federal action funds made available through any grant programs.

THIS BILL
AB 2062 will provide $50 million in grant funds to facilitate the hiring of peace officers who agree to live and work in local, underserved communities that are experiencing high rates of violent crime.

Under AB 2062, departments will be eligible for funding if they reside in a county that has experienced homicide rates that are higher than the state average for at least the past five years.

Additionally, the eligible officers will be required to live within five miles of the department they work at.

FOR MORE INFORMATION
Aaron Vad
Legislative Director
(916) 319-2032
[email protected]

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 23
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding the guidelines and details of the Request for Proposal (RFP) for the approved market study regarding local regulation of cannabis (Mayor Osorio)
Recommendation:

Staff requests the City Council to have discussion and provide direction.

Discussion:

Mayor Osorio requested the item to be place on the March 21, 2022 City Council agenda for discussion. As a result, the City Council approved the market study for local regulation of cannabis. The Council needs to provide the guidelines, elements, and details as to the request for proposal (RFP) to go out to bid for said market study upon the City Council’s discretion of what’s to be regulated in respect to cannabis.

Fiscal Impact:

Dependent upon Bid Results
Attachment:

None

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 24
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Appointment to fill vacancy on the Planning Commission Recommendation
Staff recommends appointing one of the applicants to the vacancy on the Planning Commission.

Discussion
On March 14, 2022, Planning Commission Thomas N. Casey resigned effective immediately. The City Council recently appointed a vacancy on February 22, 2022 in which the City Council was provided four applications of interest to fill an unexpired term on the Planning Commission. The City of Delano did reach out to the remaining applicants and all expressed interest from for the vacancy which are hereby attached.

The City of Delano has continued its outreach as discussed since the February 22, 2022 council meeting for all boards and committees. At the March 21, 2022 City Council meeting, the City Council tabled the item due to the outreach not being of the City Council’s level of satisfaction via social media. Since said meeting, there was a bigger focus on social media postings. This effort was in addition to the continued outreach from flyers on counters, mass mailing via the utilities bill, postings at City Hall’s doors, Transit Bus Stops, City Hall’s bulletin board, Eleventh Avenue Community Center’s Bulletin Board, flyers distributed via food distribution boxes, flyers distributed via a vaccine clinic, Newspaper publication on February 7, 2022, February 23, 2022 & March 15, 2022.

The Planning Commission consists of five members, appointed by the City Council, who serve a four (4) year term. Members may be appointed for an unrestricted number of terms. Current Commission Members are Terrance Monrian, Carolina Leyva Barajas, Frank Herrera III and Valerie Jasso Gorospe.

In clarification, at the March 21, 2022 City Council Meeting, the City of Delano initially had three applicants. Since said meeting, Ms. Grace Vallejo and Mr. Jordan Christopher Davis have withdrawn their applications from consideration for appointment to the Planning Commission. Furthermore, we have received two additional applications which are attached in addition to the sole applicant left from before who expressed his interest in serving.

Attachments:

Application from Joey Velasquez
Application from Herminio Rodriguez
Application from Jaime Mendoza

CITY OF DELANO

COMMISSION / COMMITTEE APPLICATION
received
OCT 0 8 2021
Name: Joey Julio Velasquez
Street Address: 2032 9th Ave
City: Delano
f^iTYCLCRK's OFFICE
Business: N/A
Street Address:

City:

T elephone: 6612200306
Cell Phone:

Position:

Business Telephone:

E-mail: [email protected]
I) Board / Commission / Committee for which you are applying:

Planning Commission Law Enforcement Liaison Board
✓ Personnel Board y/ Citizen Review Committee (Sales Tax Measure U) ✓ Employee Pension Committee ✓ Board of Appeals
Others
II) Please describe your interest in serving on the Board, Commission, or Committee.

I am jooking fonvard to serving on a board to meaningfully contribute to learning,
Deing or neip, ana serving tne community or ueiano ana our uity s mission.

III) Please describe your community participation / experience (may attach resume, awards, certificates, and/or other pertinent information):

I have been involved in youth sports and other community fundraisers involving
sports tor over it> years.

IV) Why do you want to serve in this capacity?
I want to serve in this capacity so that I can learlogistics and transparency our community
V) Personal references:

1. Roden Leynes 6613314894

2. Richard Torrez 6618097308

3. Ed Zamora 6618528114

4. Dolores Rodriguez 6615862418

5. Sam Munoz 6617090921
Signati^
10/6/2021
Date updated June 2012
Joey Velasquez
2032 9th Ave
Delano, CA, 93215
(661) 220-0306
[email protected]
Dear Hiring Manager,
Thank you for the opportunity to apply for a professional role at your company. After reviewing your job description, it's clear that you're looking for a candidate that is extremely familiar with the responsibilities associated with the role and can perform them confidently. Given these requirements, I am certain that I have the necessary skills to successfully do the job adeptly and perform above expectations.

I am an adaptable college student (Bachelor of Arts in Liberal Arts) currently attending the University of Arizona. During the course of my academic career, I also managed to accrue nearly 15 years of work experience. I had the privilege of working for the State of California Department of Corrections and Rehabilitation in a correctional peace officer role in my free time, where I learned valuable professional skills such as emergency preparedness, interrogation, and safety training. In both my academic and professional life, I have been consistently praised as results-oriented by my professors and peers. Whether working on academic, extracurricular, or professional projects, I apply proven critical thinking, leadership, and teamwork skills, which I hope to leverage into the role at your company.

After reviewing my resume, I hope you will agree that I am the type of competent and competitive candidate you are looking for. I look forward to elaborating on how my specific skills and abilities will benefit your organization. Please contact me at (661) 220-0306 or via email at [email protected] to arrange a convenient meeting time.

Thank you for your consideration, and I look forward to hearing firom you soon.

Sincerely,
Joey Velasquez

JOEYVELASQUEZ
2032 9th Ave Delano, CA. 93215 (661) 220-0306 [email protected]

CAREEROBJECTI VE
Adaptable Liberal Arts major (3.01 GPA) currently attending The University of Arizona Global Campus, with 17.5+ years of work experience. Aiming to leverage a proven knowledge of training and development, human behavior and performance, and performance evaluation skills to successfully fill the role at your company. Frequently praised as results-oriented by my peers, I can be relied upon to help your company achieve its goals.

EXPERIENCE

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DELANO, CA Correctional Peace Officer, Mar 2006 - Apr 2020
Maintain order, discipline, and security within assigned areas in accordance with relevant rules, regulations, policies, and laws.
• Respond to emergencies, such as escapes.

Maintain knowledge of, comply with, and enforce all institutional policies, rules, procedures, and regulations.

Supervise and direct the work of correctional officers to ensure the safe custody, discipline, and welfare of inmates. •
Complete administrative paperwork or supervise the preparation or maintenance of records, forms, or reports. • Develop work or security procedures.
• Rate behavior of inmates, promoting acceptable attitudes and behaviors to those with low ratings.

TARGET WAREHOUSE AND DISTRIBUTION, SHAFTER , CA
Warehouseman, Aug 2002 - Feb 2006
• Receive and count stock items, and record data manually or using computer. • Pack and unpack items to be stocked on shelves in stockrooms, warehouses, or storage yards. •
Clean and maintain supplies, tools, equipment, and storage areas in order to ensure compliance with safety regulations.

Determine proper storage methods, identification, and stock location based on turnover, environmental factors, and physical capabilities of facilities.
•
Verify inventory computations by comparing them to physical counts of stock, and investigate discrepancies or adjust errors.

WAL MART STORES , BAKERSFIELD , CA
Stocking and Unloading, Jim 2002 - Jun 2004
As a Wal Mart Associate, Job duties are Stocking, backroom, & receiving associates work to ensure customers can find all of the items they have on their shopping list. Depending on the assigned shift, our job can include moving inventory in the backroom, unloading trucks, or helping customers while stocking shelves.

E D U C AT I O N

THE UNIVERSITY OF ARIZONA

TUCSON, AZ
Bachelor of Arts (B.A.) Liberal Arts Candidate (Expected graduation Sep 2022) • Relevant Coursework: English. Math, Science, Philosophy

ADDITIONALSKI LLS
• Group Management
• Competence in Educational Technology
• Knowledge in Lesson Plan Creation

CERTIFICATIONS
• Basic First Aid Certification

REFERENCES
References available upon request

CITY OF DELANO

COMMISSION / COMMITTEE APPLICATION

RECEIVED
MAR 2 2 2022

CITY CLERK'S OFFICE
Name: fmMinib
Street Address:

City:

Telephone:

Business:

Street Address:

City:

Position:

Cell Phone: ^ ^ 5"S"V
E-mail: » ccr*\
Business Telephone:

I) Board / Commission / Committee for which you are applying:

Planning Commission _
Board of Appeals _
Employee Pension Committee _
Law Enforcement Liaison Board
Citizen Review Committee (Sales Tax Measure U)
Others
II) Please describe your interest in serving on the Board, Commission, or Committee.

III) Please describe your community participation / experience (may attach resume, awards, certificates, and/or other pertinent information):

IV) Why do you want to serve in this capacity?
(ess
V) Personal references:

3. .Timvv
Signature

4. 5.

Date

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 25
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion regarding services provided for the Seniors (Mayor Pro Tem Vasquez & Council Member Morris)
Mayor Pro Tem Vasquez and Council Member Morris requested this item to be place on the agenda for discussion.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 26
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion on Municipal Code Chapter 6.22 Garage Sales in Residential Districts (Mayor Pro Tem Vasquez)
Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.

Attachment
Municipal Code Chapter 6.22 – Garage Sales in Residential Districts A.

1. 2.

3. 4.

Chapter 6.22 - GARAGE SALES IN RESIDENTIAL DISTRICTS
Sections:

Footnotes:
--- (3) ---
Editor's note— Ord. No. 2011-1235, § 1(exh. A), adopted Sept. 6, 2011, repealed former Ch. 6.22, §§ 6.22.010—6.22.120, and enacted a new Ch. 6.22 as set out herein. The former Ch. 6.22 pertained to similar subject matter and derived from: Ord. 2008-1178 § 1(part), 2008.

6.22.010 - Title.

This chapter shall be known as the ordinance regulating garage sales in the residential zoning districts of the city. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.020 - Purpose.

The purpose of this chapter is to promote and maintain the general health, safety and welfare of citizens within residential neighborhoods of the City of Delano, by regulating and controlling residential garage sales within the City of Delano. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.030 - Garage sale defined.

For purposes of this chapter, "garage sale" means and includes all occasional sales conducted indoors or outdoors on residential premises by the occupant of those premises (either as an owner, renter) where miscellaneous items of tangible personal property are offered for sale to the general public. Unlicensed home businesses conducting wholesale or retail sales of goods, is not considered a garage sale under this chapter, and must comply with the City of Delano business licensing requirements.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.040 - Garage sale permit and fees.

It is unlawful for any person to conduct a garage sale in the city without first filing with the finance department the information hereinafter specified and obtain from such clerk a license to do so, to be known as a garage sale license. The fee for each garage sale permit shall be fifteen dollars.

Before a garage sale permit is issued, the person or persons conducting the sale shall file a written application for a permit with the finance director paying the required nonrefundable application fee. The permit application shall be under penalty of perjury and shall contain the following information:

Name, address and telephone number of person, firm, group, corporation, association or organization conducting such garage sale and applying for the garage sale permit; Name of owner of the property on which such garage sale is to be conducted, and state that the person conducting the garage sale has the consent of owner if applicant is other than the owner; Locations at which the garage sale is to be conducted;
Specific date and number of days for the garage sale;

5. 6.

7. 8.

9. C.

Date and nature of any past garage sale;
Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such garage sale; Whether or not applicant has been issued any other vendor's license by any local, state or federal agency; A statement that the person or persons conducting the garage sale is/are the owners of the personal property offered for sale, and that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale;
Sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him/her to be so.

Each garage sale permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed garage sale and shall be removed at completion of sale.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.050 - Limit on permits—Nonassignability.

Except as provided in Section 6.22.030 of this chapter, no more than twelve permits shall be issued to the same person or for the same premises during any calendar year. No permit shall be transferable to another person or to another premises. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

6.22.060 - Days and hours of sale.

No permit shall be approved and no sale shall be conducted unless under the following conditions:

Garage sales will only be authorized twelve times a year.

Garage sales shall take place only on the first full three-day weekend (Friday, Saturday and Sunday) of each month during the calendar year.

Garage sale shall not be conducted before 7:00 a.m. or after 6:00 p.m. on the permitted days.

Scheduled dates for garage sales within the city will not be rescheduled due to inclement weather. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

6.22.070 - Display of property for sale.

Personal property offered for sale shall not be displayed within the public right-of-way of any residentially zoned premises. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.080 - Signs.

Signs advertising a garage sale for which a permit has been issued under this chapter may be placed or erected on the sale premises subject to the following conditions:

No sign shall exceed four square feet in area.

No sign shall be displayed at times other than the permitted time of sale. Such signs shall be exempt from other requirements of this Code.

No sign shall be posed on city-installed traffic control signs or posts, city property, or city easement. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.090 - Permit conclusion.

The permit can be cancelled, by the legal applicant, up to 4:30 p.m. on the day prior to the date(s) of sale. Voluntary cancellation of any garage sale permit shall result in the forfeiture of any and all permit fees by the applicant. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.100 - Persons and sales excepted.

The provisions of this chapter shall not apply to or affect the following persons or sales:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction; Persons acting in accordance with their powers and duties as public officials; Any person selling or advertising for sale any item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed two in number. Any item listed for sale must be the lawful property of the seller. The property owner, unless licensed for home sales, may not take items on consignment to sell for another person.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.110 - Sale of food or beverage prohibited.

It shall be unlawful for any property owner, renter, guest at any permitted garage sale within the City of Delano, to sell or offer for sale, any food, beverage, vegetable, fruit, or any other items designed for human consumption. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.120 - Altered, fictitious or forged garage sale permits.

Any person who is found to have in their possession or on their property, displaying, or otherwise using a fraudulent, fictitious or forged City of Delano garage sale permit shall be in violation of this chapter. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.130 - Seizure of illegal garage sales merchandise or signs.

Nothing in this chapter shall prohibit the chief of police or any member of the Delano Police Department, Code Enforcement, or their agents authorized to enforce this chapter, to seize any or all items of merchandise offered for sale at any garage sale, or signs placed in unauthorized areas of the City of Delano. All actual costs associated with storage of such seized items being held as evidence in any court proceeding shall be the responsibility of the owner or seller of such item(s), and the city manager, or his or her authorized representative, may seek all logical courses of action to recoup such costs to the city.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)

6.22.140 - Violation—Infraction.

Every person who, for himself or herself, or as the agent of another, commences, engages in, conducts or carries on any sale as provided in this chapter without procuring the permit required by Section 6.22.040, or who fails to comply with the conditions and provision of this chapter shall be punishable by:

A fine not exceeding one hundred dollars for a first violation.

A fine not exceeding two hundred dollars for a second violation within the same calendar year.

A fine not exceeding five hundred dollars for the third violation within the same calendar year.

A fine not exceeding one thousand dollars for each additional violation within the same calendar year.

For the purpose of this chapter, a calendar year shall begin at 12:01 a.m. on January 1 of the current year and terminate at midnight on December 31 of that same year.

In addition to the penalties established by the chapter, violations of any section of this chapter will result in the garage sale being ordered terminated by the chief of police or his designee. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

6.22.150 - Nonprofit organizational garage sales as fundraisers.

Garage sales conducted by bonified nonprofit organizations as defined by Chapter 6.48, Section 010, of the Delano Municipal Code, for fundraising efforts are exempt from this chapter. Nonprofit organizations shall be required obtain a special events permit and comply with all other City of Delano regulations. (Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 27
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: General Plan update discussion regarding whether the City of Delano met the requirements in regards to items not being in other languages and not having interpreters so meetings are counted (Mayor Osorio & Mayor Pro Tem Vasquez)
Mayor Osorio and Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.

Attachment:

Presentation
City of Delano
General Plan Update
City Council Progress Update
April 4, 2022
Delano City Council
Tonight’s Agenda
Review of Comments Received at:• National Night Out (October 2021)• General Plan Open House #1 (November 2021)• 5 General Plan Advisory Committee Meetings (April 2021 to January 2022)• General Plan Open House #2 (March 2021) Comments from National Night Out – October 2021
Talked to about 60 members of the community
• More basketball courts
• Improve existing roadways
• More crosswalks
• Develop infill sites
• Limited or no expansion of federal prison
• Bring in big box retailers we don’t have – like Target • Reduce crime
• Protect farmland by limiting outward growth• Ensure parks and neighborhood commercial services in ne w neighborhoods
Comments from Open House #1 November 2021
Comments from Open House #1

1. What’s Delano like today? Delano is growing at a slow pace with the inability to retain businesses Poor air and water quality In need of more jobs outside of the agricultural, oil, and prison systems Lacking affordable housing ሺexpensive houses and high rentsሻ  Roads are in poor condition and traffic gets very congested  Neighborhoods are divided and do not have that community feel  Lacking a family-focused feel in the community Lacking entertainment ሺrestaurants, shops, nightlife, etc.ሻ  Family orientated Slowly evolving Culturally diverse, hardworking, economically advancing and academically improving Comments from Open House
How would you like to describe Delano in 20 years? An affordable city to live in for all income ranges A city that organizes community programs to stop gun violence, supports the LGBTQ community, and reduces trafficking A robust, economically booming city with higher-paying jobs Programs to help farmworkers transition into other career paths An aesthetically pleasing city with more trees, renovated buildings, and more parks with pools/splash parks Newer technology integrated into the city ሺcharging stations/ solarሻ  A more diverse array of restaurants, family entertainment, coffee shops, and shopping centers Well-maintained roads and better traffic flow More available public services ሺcity-wide free Wi-Fi, cooling/heating stationsሻ  Higher educational facilities ሺcolleges/technical schoolsሻ A safe environment for all ages A smaller homeless population Family orientation, health-activity conscious, and economically booming Comments from Open House
What should be focused on? Family-based entertainment ሺmini golf, bowling alleys, etc.ሻ  Welcoming new businesses ሺrestaurants, big box stores, fast food, etc.ሻ  Community programs to reduce gang/gun/drug violence and LGBTQ support programs Clean air and water programs Zoning for high-quality affordable single and multifamily homes Increased wages Jobs that utilize and train employees with new technology Parks that have pools, splash zones, exercise equipment, poured rubber surfaces, and more trees/shade structures
 Better visibility of streets and sidewalks with more streetlights Revitalizing downtown to make it more modern and technology-friendly Improving sidewalks and bike lanes for easier pedestrian/biking access to shops Increasing the amount of public outreach and social media presence to reach/attract more community members ሺCommunit
y Eventsሻ
Comments from Open House – Housing Types
Housing Type Ranking
Average
Single-Family Home 7.2
Accessory Dwelling 3.9
Duplexes 6.5
Triplexes & Fourplexes 5.1
Townhomes 7.3
Apartments 6.4
Senior Housing 7.6
Downtown Living Spaces 5.6
Comments from Open House
‐ Circulation
Street Improvements
 Lexington street is becoming an eyesore. Main Street needs actual stores to attract people back downtown.
 Traffic around schools on Cecil Ave is a nightmare. It needs lights and arrows, signs to make traffic flow better.
 Starbucks on Glenwood is messing up traffic High Street and railroad tracks 9th and Austin have congestion issues
 Ellington and Garces need a four-way stop and crosswalk Comments from Open House
‐ Circulation
Problem areas
Cecil Avenue
Garces Highway
Woollomes Avenue
Comments from Open House
‐ Circulation
Public Transit
 Public transit should be free for all members of the community. More stops near the Walmart Increased routes in West Delano Downtown Walking
 New and updated sidewalks to make walking downtown easier Revitalize the downtown area so it is more desirable to walk Allow golf carts and charging stations downtown Walkability is good but it no longer feels safe to do Improve sidewalks and ADA accessibility Comments from Open House
‐ Parks
• Parks in new neighborhoods• Some infill parks• Parks with swales• Big trees • Drought resistant• Evergreen• Non-invasive roots• Native • Trails and natural walkways
to and from schools
Comments from Open House
‐ Parks
New Parks
 More activities added to existing and new parks such as workout stations, pools, jungle gyms, racquetball courts, community gardens, skateparks,basketball courts, and lots of trees for shade.  Lighted paths to help improve visibility and safety when at the parks ሺpreferably solar-powered lightsሻ.
 Parks to have amenities such as restrooms and free WIFI spots. Update existing parks with more trees, shade structures, community gardens, and paved pathways.
 Shade areas and more trees were the main focus of the input provided.

Comments from Open House – Environmental Justice
General Plan Advisory Committee (GPAC)
• Plan for a population of 68,000 in the year 2045
• Direct new growth in the northwest part of the city – sewer lines available • Consider new fire station in the southwest
• Improve east‐west circulation over railroad tracks
• Locate new growth areas close to existing development General Plan Advisory Committee
• Keep industrial uses south of the airport• Improve and fill in existing commercial areas• Provide grocery and personal services in each neighborhood • Continue with standard of 3 acres per 1,000 residents • Look for opportunities for trails
• Add more amenities to parks
GPAC ‐ Direction of Outward Growth
Balanced Eastside Lean Northeast Focus
Westside Lean Southwest Focus
Pick 2 or 3 tobe shown at
next OutreachMeeting
Balanced Eastside Lean Northeast Focus
Westside Lean Southwest Focus
Pick 2 or 3 tobe shown at
next OutreachMeeting
GPAC ‐ Direction of Outward Growth
Comments from Open House #2 March 2022
Open House #2 Land Use Diagram
Open House #2 Circulation Diagram
Open House #2 Policies
Economic Development
Land Use
• Residential• Commercial• Industrial• Downtown
Transportation and Circulation
Public Facilities
• Parks• Schools
Environmental Justice
• Meaningful Public Engagement• Land Use and Environment • Mobility and Active Living
• Access to Healthy Food• Healthy and Affordable Housing • Public Facilities
Thank you!

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 28
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion regarding Public Relations and direction to staff for contracting out or create a part-time position (Mayor Pro Tem Vasquez & Council Member Solorio Ruiz)
Mayor Pro Tem Vasquez and Council Member Solorio-Ruiz requested this item to be place on the agenda for discussion.

Attachment:

Proposed RFP
Overview:

The City of Delano seeks a qualified public relations company or individual to provide public relations, communications, and media support. This Request for Proposal presents a corporate background and scope of work, as well as describes the tasks to be accomplished by the agency contracted. If your organization wishes to be considered. The City of Delano is requesting a written proposal that addresses the points detailed in the RFP be submitted no later than July 30, 2021.

Purpose:

The purpose of this Request for Proposal (RFP) process is to invite vendors to submit their proposal to provide Public Relations agency services. This document contains the business requirements necessary for a successful engagement.

Scope of work:

The agency's overall goal will be to implement a comprehensive communication program and enhance city awareness of the city's current and prospective achievements. Core activities may include, but not be limited to the following:
• Press release development and distribution
• Media/analyst relations
• Article development and placement
• Identification, pitching and leverage of speaking opportunities • Marketing and event support
• Press materials
Proposal Submissions and Evaluation:

The proposal in response to this RFP should include:

1. Brief background of your organization.

2. Relevant experience on this type of request for proposal.

3. Statement/Scope of Work.

4. Suggested Public Relation Vehicles and Timelines

5. Sample Performance-Based Standards and Measures

6. Reporting Requirements or Technical Evaluation Criteria

7. Desired professional fees required. Fees may be stated in terms of hourly rates with estimated hours per week, month, and year.

8. References from similar engagements.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 29
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion regarding Disc Golf in local city parks (Mayor Pro Tem Vasquez)
Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 30
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion regarding specific infrastructure improvements (Mayor Osorio) Mayor Osorio requested this item to be place on the agenda for discussion.

CITY OF DELANO

STAFF REPORT
April 4, 2022
Agenda Item: 31
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion in regard to providing zoom capabilities at the Jefferson Center for Council Meetings (Mayor Pro Tem Vasquez)
Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.

Delano City CouncilApril 4, 2022

Delano City Council
April 4, 2022