MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
April 4, 2022
CALL TO ORDER
Mayor Osorio called the meeting to order at 5:35 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Mayor Osorio offered a moment of silence.
FLAG SALUTE
Council Member Morris led the flag salute.
ROLL CALL
Council members present: Bryan Osorio, Veronica Vasquez, Joe Alindajao, Liz Morris, Salvador Solorio-Ruiz
Council members absent: none
OFFICIALS PRESENT
City Manager Reyna, City Clerk Chavez, City Attorney Richman, City Engineer Dowling, Finance Director Lara Rios, Human Resources Director Zamudio, Chief of Police Davis, and Interim Community Development Director Mynk
PRESENTATIONS AND AWARDS
Mayor Osorio presented the April 2022 as Sexual Assault Awareness Month.
Finance Director Rios presented the Featured Pet – Soya.
Finance Director Rios presented the Featured Business – Sartiaguin & Associates
ITEMS FROM THE PUBLIC
1. Yolanda Chacon Serna announced to the community and Council Members that the residents for the advisory committee at the CRPE office to continue to talk about the DTSC department and the work that’s being done. She also thanked the Council Members and community members who are getting involved.
2. Javier Cruz stated that the City Manager doesn’t know the streets. He also stated that the Chief of Police has given tickets to the trailers on the streets in the residential areas. He requested more respect from the City Manager, the Chief of Police and the Engineer of the employees of the City of Delano because frankly speaking they are being lazy in their trucks, making themselves dumb while the parks are ugly. He stated that they even drive inside the parks because they are lazy, therefore he said to let him run the city and he’ll show them how to work so they won’t be lazy; with all due respect to everyone. Mr.
Cruz complained about the food that’s being given out for the seniors and asked if this is the type of food that they would eat. He also stated that we should have people from Delano working for Delano and they make a lot of money for nothing.
3. Arthur Rodriguez stated that they wouldn’t eat this food, they are not given enough, and it taste horrible. He further stated that his dog wouldn’t eat it. He stated that Art Armendariz wouldn’t do anything about it, but suggested that they need to talk to Couch about this because this is getting out of hand.
4. Abraham T. Jimenez asked Richard to accept his apology for asking him certain things.
He shared that on Girard at 2 o’clock, the traffic is a mess all the way to Randolph during peak times, as well as on High Street and Garces. He stated that Tulare is not doing their part and dragging their feet. He hopes that something is done.
5. Fernando Bravo inquired about bingo for the benefit to socialize and asked if there is a law or rule that gambling is not allowed in senior center. He stated that they don’t make money for themselves though the pot is about $20-30 and they get a cut. He asked if there is such a law where gambling is not allowed for senior citizens. He asked about building for the seniors in 2019 at MLK park, but nothing happened and instead put apartments there. He stated that they don’t care about seniors and said that he’s sure none of them ever worked in the fields.
6. Guadalupe Martinez asked when they stopped having interpreters as they needed one for Mr. Javier Cruz and suggested that one be available no matter if it’s for one person or ten persons. He shared about a meeting with CalTrans about the needs in transportation which came up and the issues on the Woollomes Bridge which it has issues. He doesn’t know who the engineer was or did the design, but he saw a youth cross without any crosswalk and some injuries there. He said when he was at Wal-Mart he saw 25 cars from the bridge all the way around Lexington as it is jamming up and it needs to be figured out, especially with the trucks going in and going out.
7. Suzanne Villaruz said that she has a lot of thoughts on many items on the long agenda as they micromanage their way through government. She wanted to inquire about looking into restaurants with doors opening into the eating area because it grosses her out. She also shared her appreciation for the proclamation on sexual assault awareness for the Alliance Against Family Violence who is constantly in a battle to educate women, children, and families to face that difficulty. She stated that young women really need to be educated in their rights and how to speak up. She further stated when they experience any kind of assault and don’t report it they throw all their women friends under the bus.
8. Kyle Rittenhouse stated that he watched a meeting last week and took offense to Council Member Sal saying that this council has done more than any other council. He said that he wondered what he meant by that because City Hall had been built many years ago and he doesn't remember him or his name being on any plaque. He reminded them that if they did do something for the community that other council members haven't done before, why don't they have a translator for the Spanish speakers? He’s seen some of them at other meetings preaching the same thing. He further stated that some of them haven't even purchased their own homes. He referenced one council member, that's under investigation or soon to be, lives in the back house where that whole incident took place with her and that staffer that works for the city police. He warned the Council to be careful with their comments because they do have a lot of work to do.
9. Rosa Linda Cavazos stated her son died over a year ago and she’s still waiting for a call from Mr. Fernandez, the City’s employee.
CONSENT AGENDA
1) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only
2) Warrant Register in the amount of $2,183,125.55
3) Acceptance of a donation for $300 from The Wonderful Company Foundation Inc., for the Delano Police Department’s Explorer Program 4) Approval of the Subrecipient Agreement with Self-Help Enterprises for the administration of the HOME and CalHOME grants (Agreement No. 2022-22) 5) Lease Agreement between the City of Delano (“City”) and Russell Sanders (“Tenant”) for Hangar P-11 at the Delano Municipal Airport (Agreement No. 2022-23)
6) Approval of the acceptance of donations from the Wonderful Company Foundation in the amounts of $200.00, $300.00, $300.00, and $500.00 for City of Delano Parks and Recreation
7) Approval of the acceptance of donations in the amounts of $150.00 and $300.00 for City of Delano Senior Center
8) Adopt a Resolution Revising the Drug and Alcohol Testing Policy for the City of Delano (Tabled by Staff)
9) Approval of professional services agreement with Provost & Pritchard Consulting Group (P&P) to provide engineering design services in the amount of $227,300.00 for the 2021 and 2022 SB-1 Local Streets and Roads Resurfacing, Rehabilitation, and Reconstruction Maintenance Projects for various streets in Delano (Agreement No. 2022-23)
10) Adopt Resolution approving the revised class specification for the Transportation Manager (Resolution No. 2022-16)
11) 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
Motion was made by: Morris to approved items 1 – 3, 5 – 7, 9 – 11 on consent; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 4 pulled by: Yolanda Vega
Reason for being pulled: Ms. Vega asked for clarification.
Staff report provided by Recreation Manager Batth-Chavez.
Council Member Solorio-Ruiz asked if Self-Help was in charge of these loans before or was it a certain staff member.
Recreation Manager Batth-Chavez responded that they work with Self-Help and it is a joint process as they are directed to submit applications in behalf of the City of Delano, as well as administer programs and carry that due to a lack of staff.
Mayor Pro Tem Vasquez asked in regard to the services, if they can hire someone at the same amount. She further asked if it can be done in house or train someone.
Recreation Manager Batth-Chavez responded that they would have to hire about 20 people and provided an example of services provided by Self-Help. She further added that there currently isn’t anyone in economic development, so she’s assisting because in her past life she was in economic development. She stated that is something that City can do, but it would be more cost effective to contract with Self-Help as the State has been very happy as there has not been any findings nor funding disencumbered.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
Item No. 8 pulled by: Staff
Reason for being pulled:
Staff report provided by
Motion made by: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz 2nd by: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA
12) 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 (Resolution No. 2022-17)
Staff report provided by City Clerk Chavez.
Ramon Figueroa introduced himself and his son Ramon C. Figueroa, Fire Captain and Patrick Jones with the Porterville Fire Department gave their lives in the line of duty on February 18, 2020 during the Porterville Library fire. He shared that his son was born and raised in Delano and graduated from Delano High School. He requested to fly the Firefighters’ flag to raise in memory of all the firefighters that have fallen in the line of duty.
Mayor Osorio opened public comment.
Yolanda Chacon Serna shared her support.
Suzanne Villaruz shared her support.
Mayor Osorio closed public comment.
Council Member Solorio-Ruiz shared his support.
Council Member Morris shared her support.
Mayor Pro Tem Vasquez shared her support.
Council Member Alindajao explained why he’ll be voting “no” as he believes that the only flags that shall be flown is the California Flag and American flag that represents all groups.
Mayor Osorio shared some of the reservations that Council Member Alindajao. He reflected that they were at a council meeting when they heard about the Porterville fire. He stated that he’ll be supporting the raising of this flag.
Motion made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Morris/Solorio-Ruiz
Nays: Alindajao
Absent: None
Abstentions: None
13) Introduction and first Reading of an ordinance to amend section 6.22.040 of the Delano Municipal Code relating to Garage Sale Permit Fees Staff report provided by City Attorney Richman.
Mayor Osorio opened public comment.
Anita Lopez shared her appreciation for voting for this.
Irma Arredondo asked if this will only be about the amount or what about if it rains.
Mayor Osorio responded that would be under agenda item no. 26.
Mayor Osorio closed public comment.
Motion made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
14) Approval of Professional Services Agreement with Paul Dhanens Architect, Inc., for design of the Homeless Shelter at 726 Fremont for $44,200.00 (Agreement No. 2022-24)
Staff report provided by City Engineer Dowling.
Mayor Osorio opened public comment.
Guadalupe Martinez shared his support.
Suzanne Villaruz shared her support.
Abraham Jimenez shared his support.
City Engineer Dowling responded to the public inquires.
Mayor Osorio closed public comment.
Mayor Pro Tem asked about accommodating pets.
City Engineer Dowling responded that it can always be addressed.
Council Member Morris asked about washing their clothes.
Council Member Solorio-Ruiz asked about the showers.
City Engineer Dowling responded about the layout of the showers.
Council Member Solorio-Ruiz asked about future expansion on the empty lot.
City Manager Reyna responded that they have inquired and waiting to hear back from the property owner.
Council Member Solorio-Ruiz asked about bunkbeds.
City Manager Reyna responded that would be a management decision by Floor Ministries.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
15) 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.
Staff report provided by City Engineer Dowling.
Mayor Osorio opened public comment.
Anita Lopez asked if the pool area is going to be open to the general public or the homeless.
Suzanne Villaruz shared her support.
Gloria Herrera shared her support and asked about recycling the water.
Guadalupe Martinez asked about the drought, the money, the total cost, where are they getting the rest, what’s the cost to maintain this, recycled water, and solar panels.
Mayor Osorio closed public comment.
City Engineer Dowling responded to inquiries.
Recreation Manager Batth-Chavez provided details as to future plans.
Council Member Morris shared her support.
Mayor Osorio yielded his time for Mr. Martinez to speak through his time.
Guadalupe Martinez asked about the money that needs to be looked for, but further asked if the maintaining include the staff and the time opened.
Council Member Alindajao asked about staffing additions.
Recreation Manager Batth-Chavez responded about 10-15 seasonal employees.
Council Member Alindajao asked if this would be new hires.
Recreation Manager Batth-Chavez responded it would be a combination of new staff and current staff.
Mayor Osorio asked how does it look in regards for the City to finance $4 million.
Finance Director Rios responded that the Council does have a reserve policy, furthermore if there is a surplus that would be for capital improvement projects as they do anticipate a surplus this fiscal year.
Mayor Osorio believes that these projects provide a historical, social, and economic value.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
16) City Council Grand Jury Report Response to Findings and Recommendations as provided for in the California Penal Code
Staff report provided by City Attorney Richman.
Council Member Solorio-Ruiz stepped down from the dais at 7:15pm.
Council Member Solorio-Ruiz returned to the dais at 7:17pm.
Mayor Osorio opened public comment.
Guadalupe Martinez stated that it’s appropriate to go to districts but asked how the boundaries are drawn out and who does that. He feels that it would be best. He also asked about the election of the Mayor, if it would be like Arvin. He also argued about the citizen review measure for so many years there was a violation. He stated that bridging the gap takes time to work with each other and staff.
Suzanne Villaruz provided her perspective of grand juries as she is not fond of them as they are very white and very old, and they know that retired old guys like to be on grand juries though there is a woman every now and then. She encouraged the Council to get it done. She shared her opposition of districts as it is too small of a town compared to Bakersfield.
Jaime Mendoza wanted to go on the record in behalf of Suzanne vouching for older Caucasian men, she is not a racist as she is married to an older Caucasian man.
Mayor Osorio closed public comment.
Council Member Solorio-Ruiz shared that some of the findings were not substantiated in his opinion. He asked where this would be posted.
City Manager Reyna provided a response as with the Grand Jury.
Council Member Morris agrees with the findings and response but will go on the record to oppose the districts.
City Attorney Richman warned the City Council to not get into much discussion regarding districts as it would be a potential Brown Act Violation.
Motion made by: Solorio-Ruiz
2nd by: Vasquez
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
17) Discussion and action on City Council waiver of the attorney–client privilege under the Evidence Code as it relates to certain emails. (Councilmember Alindajao)
Staff report provided by City Attorney Richman.
Mayor Osorio opened public comment.
Leticia Perez, Supervisor from Kern County, shared her opposition to said action in respect to her personal experience. She also stated that the State’s DOJ is watching Kern County and is watching its various daises with a type of scrutiny that everyone should be cognizant.
Yolanda Chacon and Gloria Herrera presented a petition of signatures of 336 residents on behalf of the community and read the synopsis in English and Spanish.
Guadalupe Martinez explained the reason for the petition.
Susan Price suggested that they need to get into true business. She also asked why this is in open session as this was continued in March 7th where this was supposed be placed on in closed session.
Joachin Gutierrez stated that he believes this is up to the Council. He added that for Ms. Perez it wasn't a good experience as to those emails being released, it was found that her husband illegally accepted monies from marijuana interests. As for the Council, he figured what would they have to hide. He further clarified that that one council member in three emails, so anytime in the future if the Council choses to waive the attorney client privilege, they can take a vote on it and don't set a precedent. It doesn't automatically make everything that you communicate with their attorney public. So it does come down to a vote so that all can read that there's nothing going on here and not them not covering up for anybody's misdealing. He concluded if they made a mistake, maybe they should resign, like Ms. Perez should have.
Suzanne Villaruz stated that this is only for three emails. She stated since this all started back in December, the City Manager and City Attorney have been vilified by members in this room as not doing their duty, threatened by union representation by not doing their duty, she’s heard Rob Bonta’s name dropped twice as he’s keeping an eye on the City of Delano. She emphasized this is a matter of ethics and not criminal whether or not Ms. Vasquez instructed people to do something she was not supposed have done, though she’s not sure of what. She shared that she went through this with her school board as that member was investigated and given a choice to defend himself, yet he decided not to do a darn thing. She added that he was censored by the board, read into the minutes, slapped his hand and he was re-elected, as Leticia was after that terrible time in her past. She stressed this is just information. She reiterated how these women have been vilified many many times by the people in this audience and people on the Council in sense but wishes this would go away. She warned the Council that this will be a shadow, a blot on this Council, in this era with the city, but if they don’t investigate to get it out in the and be done with it, unless they act upfront and transparent.
Mayor Pro Tem Vasquez yield her time for Supervisor Leticia Perez.
Supervisor Leticia Perez stated in speaking about the attorney-client privilege, that it doesn’t matter how many emails it is, she emphasized what they are giving up is the nature of relationship being confidential is what’s at stake.
Maria Martinez asked for all this to be over because it’s simply rumors, and it is costing the taxpayers.
Anita Lopez shared her opposition.
Mayor Osorio asked if anyone wanted to yield their time, though he doesn’t want to get into the habit of allowing people to give public comment twice.
City Attorney Richman understands they are doing this, but they don’t have a policy on that and cautions everyone because that’s not a policy that they have.
Gina Martinez shared her concern about the individual knowing where she lives.
Mayor Osorio closed public comment.
Council Member Solorio-Ruiz shared his perspective that he does agree and thinks it is a slippery slope in which it is producing a lack of trust with staff and Council. He added that in order for his council sitting on here and in the future to be able to effectively communicate and execute their duties as elected officials it would possibly be discouraging to folks who are currently sitting on here, or in the future ask, “Should I seek legal advice?” He believes that this is not setting a good precedent for building trust as a whole, and just working effectively as leaders.
Council Member Alindajao welcomed Supervisor Perez and Bakersfield Council Member Arias.
He apologized Supervisor Perez for those unpleasant comments. He stated that there are different context of the attorney-client privilege, an individual, a company, or a board of directors, so it has a different context of that attorney-client privilege and they're talking about the City Council as a whole holds that privilege. He added that they have to balance between transparency and the information they're trying to protect, practically many jurisdictions have been accused and convicted of corruption and wrongdoing. He asked, “How do you think that that information ever gets out?” He stated because a body chooses transparency or hiding different issues that are in emails that are in text messages that are in other forms of communication. Therefore, he stated that it's very important for the for the public, to see this information, so that a decision or judgment about the nature of the information is important as it’s related to item 18, which is whether they're going to decide to vote on an investigation or not. He further stated the balance is between transparency and protected information and clarified that it's about accountability, it's about the public trust, the FPPC says in part, “public services and public trust requiring officials and employees in place of loyalty to the citizens, the laws and ethical principles of a private gain, it is imperative to safeguard the public's trust in government. Council Member Alindajao argues that by being transparent even with emails that we feel at the time, should be protected by attorney-client privilege, they should be able to be transparent about those emails, so that the public can be involved in the decision-making process. In being elected to public office, he thinks it's important to understand that a public servant, advancing the public good, so just the word “public” should trigger or set something off in mind that even in an email that one writes, a text message that one writes, even if it's the attorney has the possibility of being disclosed for different purposes. He doesn't have any issues with that, as he’s going to continue to seek legal advice because there's nothing about his emails and he knows what he’s doing that it's for the public good and for the advancement of the public. He stated that the balance that the Council has to make a determination tonight is if they are going to be transparent and allow the public to come in and see what's going on, because there's been a lot of comments about whether this is gossip and rumor, allegations and whatnot, but he needs to present to the public some basis in fact that this investigation is worthy. As a result, Council Member Alindajao stated to do that, they need to disclose those emails to the public so they can see and make their own decisions.
He referenced Mr. Gutierrez’s public records request 771 pages of the public record requests were released and he is seeking only three emails. He added that he believes that he can use those three emails to make an argument to the public and to his colleagues, that this investigation is worthy to move forward, because at the end of the day, it's about transparency and accountability. He concluded that he thinks they all want that, and he thinks they all agree to that.
Mayor Osorio asked City Attorney Richman what the impacts and consequences are on waiving the attorney-client privilege of these three emails.
City Attorney Richman stated that think it's true that they are talking about three documents she doesn't believe, though she can't say for sure that there will be some potential issue, but she does know that they as a council are already aware of the information. She further clarified that this deals with council member activities, so that’s what this is about. She added that she isn’t sure if the disclosure about potential claims can be out there, but she thinks the discretion to do so, she doesn't see anything that if they disclose, they're showing that they're embezzling money like some others cities. She added that's not what this is information is about as to criminal activity.
Lastly, she said that the three emails can be taken up separately.
Mayor Osorio stated because he is cc’d on a couple of those emails he’d be ok with those, but in the other email, he wouldn’t be in support.
Motion waive attorney-client privilege as to bate stamp 010 made by: Alindajao 2nd by: Morris
Vote: 3-2
Ayes: Osorio/Alindajao/Morris
Nays: Vasquez/Solorio-Ruiz
Absent: None
Abstentions: None
Motion waive attorney-client privilege as to bate stamp 011 made by: Alindajao 2nd by: Morris
Vote: 3-2
Ayes: Osorio/Alindajao/Morris
Nays: Vasquez/Solorio-Ruiz
Absent: None
Abstentions: None
Council Member Alindajao withdrew his motion to bate stamp 005. 18) Discussion and Direction on City Council Hiring of an Outside Investigator Regarding Allegations Related to Mayor Pro Tem Vasquez (Councilmember Alindajao) (Continued from March 7, 2022 Council Meeting) Mayor Pro Tem Vasquez stepped down from dais at 8:18pm.
Staff report provided by City Attorney Richman.
Mayor Osorio opened public comment.
Guadalupe Martinez stated there was over 336 petitions from them going to the people door to door to see how people are feeling. He thinks that they are telling them and sending them a message, and they're not done. He shared that his motto is to follow the model of Fred Ross, Dolores Huerta and Cesar Chavez and that is that they will do a personal visit, house meeting and they will get this community organized on this issue. He stated that if they want to spend money and don't care by investigations and everything else, then the community will make a decision for all of them and they will have the final decision; if that's all he does and that's what he's gonna do, because they're not listening. He shared that as attorneys, he was always told they need to hire an attorney, so they can make two and two equals to six, and that's always been in his mind, though it might not be the right thing for him to say, but that's the way he grew up. He further stated that at this point that they're going to have certain emails to present because at this point, the presentation is going to be based on making sure something is found one way or another. He argued that it has not been proper and won't be proper and he’s sure it happens all the time with other people that are criminalized such as in prison that are innocent. He elaborated that it all depends on the arguments that are made and how they use the information that is given to them because they know when they look at data, it is how it is manipulated. Therefore, he thinks at this point, they are going to continue with division, and he thinks at this point, there's bigger issues that they need to work on instead. He urged the Council, this notice of 336 petitions is not a threat, but he will walk the streets for that, and they will walk the streets because they're going to figure this out and they will make that final decision.
Yolanda Chacon Serna stated that they have spoken to the community members, and they will continue to speak to them one by one. She claimed this is so ridiculous because they all know that there are no legal ramifications or charges, or they would have filed and the fact that there has been. She affirmed that, yes they did say about the city manager and the city attorney because there has been so many violations that they weren't found by them, but the State had been contacting everybody about their former council member Mr. Aguirre, but nothing was ever done. She added that they allowed videos to be made for their campaign in the chambers, which was against ethics committee rules, and nothing was ever done. She referenced that there's contracts that they know that were conflicts of interest and beneficial to some which people here voted for them and are conflicts of interest and are violations. She said similarly like the fact that the DADD center situation with the houseless project, there was no public comments. no meeting for the community to voice their concerns until after the fact. It had already come out in the paper where it was a backroom deal, but she asked where's the ethics in that? She emphasized that's disrespectful to the community, yet, their first complaint was that Miss Vasquez, was not fit to represent the community or be Mayor because she was rude to Couch because she went to a board of supervisors meeting to say come to our community and talk to these families. She simplified that's what she did, she represented her community. Secondly, Ms. Chacon Serna referenced, “We heard this,” and stated that it's all hearsay and gossip, even when they said municipal error, administrative error. She asked why are they trying to blow this out of proportion. She stated that she’s not concerned because she will be on the ground in which there's not one house, one block she has ever touched here, and she'll make sure that they get the votes for the people to represent their community, because they know who's in their community doing the work, not the salesman benefitting from them. She referenced how they talk about the 3-2 and get scared that there's a majority, but there's been a majority and for how many years.
She then reminded Bryan about the “4-1,4-1,4-1.” She further stated that they want their tactics, then they mislead people to come to the meeting and elect their mayor, but they know that's not what it was done. She reminded them that they elected all of them and unless there's a federal violation, she will be there for three more years. That's the fact. Lastly, she stated if they want to twist and turn and misrepresent the law, that is where Mr. Alindajao is wrong.
Suzanne Villaruz stated it’s about transparency and not one event, so don't go back to Joe Aguirre because he was a jerk and did things illegally as they know that. She stated that all that other stuff is in the history books at the City of Delano and that's what they learned from they don't repeat it. She believes this is looking at an ethics issue, not criminal, so if she were found to have done something unethical, it's a slap on the hand, not removal from office. She further explained the only person who can remove her from office is the electorate of this community.
She further stated that her actions, whether or not they're ethical, unbelievable, make believe, magic, whatever they are, but they’re not going to remove her from office. She urged that it's the transparency that this Council must encourage in order of knowing what happened because accusations have been made by people in this room towards people in this room. She expressed it's getting tiresome and said to do the investigation, let the chips fall where they may and then pick them up, dust themselves off and go on with the business of the city which is their job. She added that it is not micromanaging the city manager, parks and rec and everybody else; that's not their job. She reiterated their job is to manage one person; a city manager. She stated they can either vote to do that, or not vote to do that, but it does reflect on who they are as far as following the ethical methods and ways of looking at a person's behavior. She pleaded for them to just vote and get it done; she doesn't care which way it goes at this point in time because she’s tired.
Mike Gutierrez stated during the first half of 2021, Council Member Vasquez attempted without City Council support to stop the county homeless professionals and many community partners including the hospitals from using a building owned by the DADD at no cost for a temporary nighttime location to help alleviate the problems of homelessness for everyone in Delano. He further states that during that timeframe, he witnessed firsthand the dishonest, scheming, and malicious conduct by the Vice Mayor that caused him great concern, but not for the homeless navigation center, but for the community. He added that five months after the homeless center was successfully underway, and because the council would soon be voting for a new mayor and vice mayor, he wrote all the council members including the Vice Mayor expressing why he believed she did not possess the necessary character traits to be elected as mayor or reelected as Vice Mayor. He elaborates in his email he included his personal observations and the observations of other credible people who knew about other incidents of misconduct by Ms.
Vasquez, which he has always referred to as alleged incidents. He clarified that his actions were never motivated by revenge to defend the homeless navigation center or DADD, but by a true civic concern for Delano and for everyone who cares about the character of elected officials who claimed to be community leaders. He explained, with his personal concerns regarding council members, he decided to make all future remarks public over the past several months for an adequate persuasive dialogue. He reasoned that after city records have been released and, in their hands, he believes enough physical evidence for any conscientious city council member to know there has been, to some degree, a problem involved an inappropriate conduct by the vice mayor. He affirms because the problem exists, he would encourage the council to address and correct the problem for the people because it's a matter of integrity, trust, and honor. He suggested that in order to correct the problem, the City Council, on behalf of the people, must first understand the problem or the problem cannot be solved without really understanding its origins, how deep it spread out, how many others are involved & affected and to what extent, and how much damage was caused. He added that in order to fix the problem, it must be thoroughly understood, if not, the problem will continue and get worse. He stated that this council has the opportunity to establish itself as the City Council that restored respectability and created protocols of conduct that will guide future Delano City Councils. He further added to really understand the depth and the breadth of the problem, he suggested an unbiased investigation should take place as he encourages the council to stand together and unanimously vote for an impartial investigation to seek truth because truth matters for the betterment of the community.
Kyle shared that he graduated from DHS before a couple of them were born. He stated that he wants to go ahead and say that an investigation would actually be pretty good. He reasoned that that way this will all be settled and the rumors around town will be settled by the truth. He stated that he is in favor of a full investigation and added that of course this is going to come down slowly square on the shoulders of the mayor and this will affect the way he votes come his next election. He further stated that he’s going to be paying close attention because, criminals and street gangs hang out with each other, so sometimes they got to be careful with who they hang out with as he referenced Vasquez and Perez seem like they got something in common being under investigation. He further added that he wondered about Eric Arias because their friends will tell them exactly who they are. He referenced the attorney still billing the city whether they’re on break or not. He stated that they've already spent a substantial amount of money and it doesn't seem like they're short of it, so he suggested to move this forward and as he reiterated this falls squarely on the mayor here to vote for this investigation to finally put all the rumors to rest or somebody should resign. He also hopes this investigation does go into the fact that she's taken fiduciary responsibility to show up to work on time to give them their money's worth. He referenced KernCOG, as he’s seen Vasquez showed up substantially late to one of the meetings and that’s not representing Delano. He shared that he shows up to work at 5:45 in the morning, to be there at six ready to work. He therefore asked about KernCOG and she's getting there on Zoom late, what does that tell them. He compared this to Supervisor Perez showing up late to every other meeting in Kern County.
Susan Price referenced the March 7th council meeting in which Council Member Alindajao stated that he was concerned with the creation of hostile work environment and stated that employees are in fear. She shared that she would think those employees should fear that their personal confidential HR files might be leaked. He emphasized that is what Council should be investigating. She added that he further added that he also applied a comparison of corruption, she differed that this is not about transparency and this is about a personal and political attack.
She argued that by publicly making that comparison is wrong. She further stated that tonight, City Council stated that the matter doesn't compare to any criminal charges or any form of corruption. Lastly, she stated that she’s very transparent on who she is, as does everyone else, but she would expect everyone who is speaking or addressing the council to actually use their proper name.
Tiffany Sagbohan identified herself as the the Vice President for SEIU chapter Kern County. She shared that she’s concerned because she has watched a few of these meetings and watched Miss Vasquez be vilified by a couple of community members who had something to gain based off of her standing up for the community. She referenced Mr. Gutierrez said earlier that his first statement was when she went to the board of supervisors to talk on behalf of the community regarding the navigation center, that he felt that she did that wrong because she was talking on behalf of the council by herself. She added that wouldn't she have a right as a community member to address the concerns she may have outside of being a council member. She emphasized that Miss Vasquez has always gone to the Board of Supervisors and champion Delano, she's even got some of her friends in Kern County to come in champion, before she became a city councilman, to champion things going on in Delano. She expressed to compare her to anything. is sickening and claimed that she is an honorable person, she’s worked by her side a lot and she knows how hard she works. She pointed out that this is political theater, this is a personal attack. She directed to Mr. Alindajao as an attorney, doing comparison like this kind of prejudices certain people. She stated that he cannot compare corruption to this and then turn around and say it's administrative because the first thing anybody would think is like, “Oh, okay, well, they must be corrupt.” She reflected that somebody was talking about friends, they don't know who her friends are, so they got to be aware of what they say when you don't know what's going on. She further stated that to have people know her information and publicly state where she's staying… is ridiculous. She shared that she’s totally disappointed in Delano City Council.
She thought this would go a lot better and stated, “Shame on you Alindajao being an attorney.” Pastor David Vivas stated when they hear comments from a person that lives outside of the city say they are ashamed of the city council, they're also saying they're ashamed of the people of Delano. He stated that he loves this community, despite the people that have laughed at his position, that are sitting here in the audience, people a little older than himself, who should know how to behave in a public setting. He stated that if they disagree with somebody's position, that's fine, but don't publicly ridicule and laugh at them; that's a sign of immaturity and it's certainly not a good example to these young people up there who are trying to govern. He further stated that they would think people that are older than him with know how to be respectful to a minister and that this next generation that's following himself and others would understand proper decorum, respect, and integrity. He shared that integrity is doing the right thing because it's right and stated that a few months ago one of their friends on the city council hid behind a Facebook post in pretending to be somebody, bringing up an allegation against him; which was totally false. He explained that he went before my congregation, and I displayed that court record which had my name, but it wasn't him, it was his cousin who has the same name. He further stated this is not the first time but because he has nothing to hide, because he believes in integrity, because he fears God, believed in doing what's right because it's right because he respects himself and he respect his fellow man. He explained that whether he agrees with them politically or not, that's irrelevant, integrity has no labels as you either got it, or you don't. He stated that he welcomes anybody that has any kind of a complaint against him, to bring it on because he has nothing to hide and that's what the people expect of their City Council members. He urged that if they have nothing to hide, then lay it on the table. He referenced about the petition that there was no evidence and he responded that of course there's no evidence because they haven't given an opportunity to produce evidence and so even though his fellow community members may disagree, argue, and discuss business matters, but at the end of the day, he hopes when they leave the chambers, they're still friends because they live in the same community Delano, California.
Yolanda Vega stated that she’s spoken to different council members years before, current council members, she’s dealt with the city manager, and she’s talked to different employees. She stated that she finds this to be ridiculous and to be political theater. She added that prior to Veronica Vasquez running for city council, Mr. Councilmember Alindajao shared numerous Facebook posts about different conversations on Facebook, violating her privacy, talking about her, and that's fine as it's social media, right. She stated that they’re sitting in the daises, and instead of doing the government, he wants to continue that same charade he’s been doing that's perfectly fine, but what he continues to do is waste money. She claims that the Manager has to work late or the city clerk as they're so overwhelmed. She posed the questions, “How do I know this?” She explained because she goes into the city hall asking for things, requesting PRAs. She shared that she’s very surprised that Mr. Gutierrez was able to get his 700 pages because she’s still waiting for two months now for a PRA she asked for, but he was able to get it within 10 days right now.
She referred to the numerous extensions but asked how legal that is. She claimed that she will be looking into that also.
Mayor Osorio closed public comment.
Council Member Alindajao provided his presentation.
Council Member Morris stated it was a lot of information to digest. She stated in being honest, she doesn’t really want an investigation either, but at the same time she doesn't like most of them have come up here and pointed the fingers at them[the council] said we're not transparent or that they are just mis-allegations, gossip, misleading or they're misleading people. She exclaimed that she resents that because as a city council member, she'd like to think that she’s honest and she has integrity, for this board that she sits on. She disclosed that she knows the allegations and what the allegations are, and she knows the information is correct and it is true. She also claims that the vice mayor knows it's true and all of them[the council] know it's true, so if they really want to know what the truth, though they don't believe them, then run an investigation in order to clear this matter up so that we can all get back to work because this has gone on long enough.
She shared that she would be happy if they could get an apology from the Vice Mayor, she expressed that maybe she didn't know what her jurisdiction was and that she crossed the line or that she created a hostile work environment for a lot of the city staff. She disclosed that there were other attorneys that came in the last time and clarified that information for them and told them where we draw the line and what their jurisdiction is and this is where the City Manager’s jurisdiction is. She shared for a fact that there's been an employee that has quit because of her and there may be two employees that quit because of her, so she just wants it to stop. She stated that she doesn’t appreciate getting threats either, sitting up here, they say out there, “We will get all of you out.” She responded that she doesn't care, because she can go down knowing that she did her very best and that she was honest and that she was trying to be transparent with the people that she represents. She added that she doesn't have anything against the Vice Mayor and likes the vice mayor, she likes all the people that she works with on the council outside of this room. She shared that they are her friends and she’s worked with them shoulder to shoulder giving out food boxes whenever they get a chance and appreciates working with them as she enjoys their company. She expressed that she wouldn't want anything to cause her any harm in any way. She further addressed those allegations, all these things that all of them have put out unnecessary political theater, she responded that it is all of them out there creating that political theater, not them[the council], because they know what the truth is. She shared that they put on here that they're neglecting their duties and they should address other community matters; they are doing that up there. She stated that they’re not neglecting what they're supposed to be doing and this thing that has hindered them goes on and on and it needs to stop. Council Member Morris further stated if an investigation is going to make it stop then run the investigation. She also shared that she would be happy if she would just come down and say, “Yes, I didn't understand my jurisdiction. I don't know what line I was going to, I'm sorry. This is not going to happen again.” She shared that she would be happy with that and she’s a very forgiving person, as she’s sure most of them out there are too. She claimed if they want to know or have evidence of wrongdoing, then run the investigation and find out for themselves because there isn’t anything really going to happen other than a slap on the hand and say just don't do this again.
Council Member Solorio-Ruiz asked City Attorney if there is liability if someone votes no or doesn’t move forward.
City Attorney Richman responds that is it completely within the Council’s decision whether to proceed or not and they are not legally required not to.
Council Member Solorio-Ruiz asked if Vice Mayor Vasquez continued to inquire about the employee’s situation after she[City Attorney Richman] stated to her[Mayor Pro Tem Vasquez] to basically “back off” on April 2, 2020.
City Attorney Richman asked Council Member Solorio-Ruiz if he’s asking her to disclose attorney-client information.
Council Member Solorio-Ruiz understood and asked if she knew if there is anything currently in place to deal with an allegation in this way.
City Attorney Richman responded in the negative.
Council Member Solorio-Ruiz asked if he could help him understand the benefit of this approach.
Council Member Alindajao responded that it would be transparency, so if the Council knows, then the public would have a hint of what Council knows.
Council Member Solorio-Ruiz asked what is the problem that they are here to solve.
Council Member Alindajao responded to stopping the conduct and for the majority of the council to send a message that she acted outside of her duties.
Council Member Solorio-Ruiz stated that he’s curious how they’re deepening their connection as leaders and members of a body. He asked Council Member Alindajao as a leader himself, can he recall a time when he reached out to the Vice Mayor to extend guidance or input to just talk to her.
Council Member Alindajao responded in the negative.
Council Member Solorio-Ruiz stated in perspective and opinion that there can definitely be two truths here today. He thinks one is clarifying and acknowledging their scope as a council member, and the other is making sure they seek a solution that will not add more flame to the fire but will lower the temperature. He believes while this has started a conversation on a root cause and the bigger picture that he believes which is trust, connection and guidance, his fear is this will only lead to shaming, and he was not elected to throw shame or criticism at issues but solutions. He directed to Council Member Alindajao on the debate stage with him back in 2020 stated, “I am not the critic-in-chief.” He asked for them to live up to that and help each other in any way they can. He stated that he extends his hand to everyone today, to his colleagues, to the public to collaborate for a better community, not just with criticisms, but with their shared experiences, opinions, and their solutions as well. He added that at the end of the day, at the end of the week, and at the end of his term, he wants to say that he contributed more than he criticized. He claimed, as leaders they must either invest a reasonable amount of time attending to their fears, their feelings, or squander an unreasonable amount of time trying to manage ineffective and unproductive behavior. He offered a solution to conduct bimonthly meetings with council members, city manager and the city attorney because of the Brown Act, not all council members can be present in a meeting and wants to build a culture of trust, not shaming, not blaming, or judging of others. He explained the goal would be to share any updates questions or concerns or to check in and to make sure we are leaning into trust and connection. He shared his other solution is if there is a concern with a specific council member, it should be addressed immediately with perhaps a meeting with the city manager, city attorney and another city council member to sign off acknowledging what was discussed and what was learned and, if noticed, a concern. He also shared his preference to seek advice and input also from Cal Cities to provide perhaps a board member to provide guidance and future concerns arise on any Council member.
He explained that leadership isn't about their titles, instead it's about the willingness to step up and put themselves out there and to lean into that courage as the community is desperate for braver leaders and he thinks it's time for all of them to step up. Lastly, he stated he does have a motion to make.
Council Member Alindajao responded that what he thinks is there is confusion between criticism and shaming as they are subjective as it may be something that one doesn’t like of someone. He clarified that discipline is objective where they have a standard that’s codified in the law that they have to live up to regarding their conduction and action. He addressed Council Member Solorio’s statement of “let's deal with these things immediately.” Council Member Alindajao referenced his presentation that Council Member Solorio was aware of this issue, February 2021, in which he didn't learn this information until December of 2021. He adds that he’s not sure what he means by “immediately,” but this this could have been something that they could have dealt with and addressed. He further clarifies that he’s not sure what he meant by “addressing” the issue. Council Member Alindajao guessed if he meant talking among themselves private without public's ability to monitor and participate in the process, but he’s sure Council Member Solorio didn't mean that, but that's how they deal with it when they're dealing with it now. He reiterated that he wanted to make those distinctions, this is not about shaming or criticizing, instead this is about an objective standard that they have to follow in the law.
Mayor Osorio stated his feelings are still the same as they were when this first came up, but he really believes that there's another way to go about this. He added that despite the presentations, despite the emails provided, he still feels that way. He explained in these conversations leading up to this discussion, he had the privilege of talking to both sides of this argument in terms of where they see themselves in favor or against and he wanted to go into some of the comments against this, and he asked Council Member Alindajao for feedback and response on some of these. He stated that they are saying that we want to do an independent investigation and objective investigation, but there's this perception that this is a very politicized investigation, based on just the comments around this and based on just the political landscape they're in. He shared for himself, it makes it very difficult to tell people, to convince people that we are going to go about this in an objective way when there's already all this stigma or this this narrative associated with this investigation, not just the fact that politicized a couple of weeks ago it was brought up about how there's sexism associated to this. He referenced Council Member Solorio’s comment from the last meeting as it was a rhetorical question, “When has a council member been investigated?” in the way that we are pursuing or discussing right now. He stated that he doesn’t know if it is a coincidence that of the few Latina women that they have elected; it is a Latina woman who is the first to go through this process and so that's a difficult argument and difficult narrative for him to counter and saying, how do they go about this narrative and how do they make it so that they are considerate of the times that they are in, also considerate of the people that they're interacting with; the people that they are discussing. He moved on to the April 1st email as he responded to the question that Council Member Alindajao referenced, “How long have you known? Why didn’t you say anything?” He disclosed that he was cc’d in April 1st email, as he had a conversation with the Vice Mayor about the topic at hand and for him at the time he thought of how maybe there's some exaggerated truth to this, but they’ll address it and then he got the email from the city attorney saying about, “make sure that you stay within your lane and move forward.” He added that in his knowledge, that's what happened, but the thing that happened a few months ago after this in regard to police accountability or accountability at the police department is he did receive a phone call from a police officer talking about the concerns of retaliation inside of the department. He further added because the officer’s fear of retaliation, the officer wanted to have that conversation confidential. He circled back to the question, “Why didn't you say anything?” He explained that it is very difficult to get people who are afraid of having concerns to speak up and that's a conversation they can have as to the power dynamic between the employer and the employee. He shared that his issue with April 1st email was that there are serious allegations being made there, but to his knowledge, the issue was being addressed because it was not discussed again. He referenced how Council Member Alindajao mentioned how, even though the city manager did not carry out with the action, there is still something inappropriate about that. Mayor Osorio rationalized, he was glad to see that Vice Mayor demonstrated to him an example of her willingness to grow and her willingness to learn from this specific case. He further shared about the pattern of the Vice Mayor being overly involved with the 700 emails that have been shown to him, which it continues to show him and between all of them, she's been more engaging with city staff than he thinks anyone to date, while there may have been a few, a few hiccups in terms of how to communicate with city staff he think there's should be at least some compassion and understanding on their end that she was still in her first year on the city council. Lastly, he addressed the conversation about how he sees this investigation as the end of all of finding accountability and finding the facts in this case, but for him, as he contemplates this, he thinks that as a body they're shifting the burden to an investigator and not really helping each other grow and continue learning and how to interact with city staff. He acknowledged that he doesn't condone these allegations, but the same time to his last point is it's very difficult to justify how he's promoting accountability when it's almost blurring with shaming because of how the vice mayor has been vilified through public comments. He then refers back to his first comment of how they can distance a politicized and potentially sexist investigation to what is the truth at hand. He asserts that he is not going to vote to cover this up, but he does want to take note of Council Members Solorio’s comment about how they can go about this in a way that promotes restorative justice and calls in the vice mayor so that they can continue being productive. He reflected how someone commented earlier, “We were on a roll the first hour and a half this meeting going through important business items on the agenda.” He shared that is what he wants to see and he feels that if they continue with this investigation, or they continue conversations around this investigation, it's going to just hinder them from having those productive conversations that people elected them to do, and people expect them to do as they continue to see the growth of this city.
Council Member Alindajao responded that’s another way of argumentation as to the visuals of what's being done… Female, vice mayor. He reiterated this is where distinctions matter, so when they're talking about gender, he doesn't care what one’s gender is, he asked “What's the conduct?” He stressed that it's the conduct that's what they're focused on and that's how they can have equal protection of the law when they judge conduct. He added that it's no moment to consider her gender, or persuasions or personal beliefs, it's about the conduct and her conduct rose to a violation of the law, so that’s what he’s focused on. He shared that they can argue visuals out of any person that might be under investigation that don't have particularities and beliefs and sexual orientations that you can argue the same thing. He reiterated that he’s asking the council to stay focused, so if they can focus on conduct then those other issues are not an issue. He explained that he didn't bring this here, it's the vice mayor's conduct, it's the hostility that she's created at City Hall. He clarified to look at him and say, “Hey, you're the blame.” He argues that's the kind of worn-out victim mentality that society really is all about and further added “It's never my fault. It's not because of what I did, it's because of who I am.” He justified that as the city council, with their integrity in advancing the public trust, they have to reject those arguments just like the law does. He reverted back to whether they can politicize, stated that they can politicize anything and they can make a gender issue out of out of any investigation… probably, but asked to stay focused on the content. He shared that if he stopped somebody in the middle of the street, and said, “Hey, listen, let me tell you a story about a city council member that you elected and that he's doing favors for that person because they're involved with that person and stopping investigation.” He can't imagine ten out of ten people being okay with that and he wouldn't even have to tell them what the person's gender is, what their sexual identity is, what their color or race is. He stated that he wouldn't have to touch anything, because we know that conduct is unacceptable. He asked the Council to look at the alleged conduct to try to interfere with an IA investigation and the gravity of that, which is never okay. He referenced Ms.
Morris’ point, that he’s ok with them censure the vice mayor and say, “Hey, you acted outside the scope of your duties.” He shared that then they don't have to have an investigation because they already have made lots of factual findings before them in order to get to that conclusion and he just wants this body to speak not only to the vice mayor but to the community and saying, “Hey, listen, we're not going to put up with this, I don't care what color you are, what race you are, what gender what your social economic status is. We're not going to accept this.” He clarified this is what he’s asking, though they can come up with a lot of counter arguments, and a lot of reasons why they shouldn't do this, but he wouldn't be able to face his family and friends and his constituents say hey, “That's okay, Right?” He doesn’t believe anyone would tell him that.
Mayor Osorio shared that he feels that Council Member Alindajao is already promoting accountability through those presentations, so he asked if this is accountability or would the censure such as a slap on the wrist be that accountability.
Council Member Alindajao responded that he wanted to bring in the public so they can understand what’s unfolding to monitor and participate with what’s going on. He explained that as of now it’s simply Joe Alindajao making a presentation, but he would like for the message to be sent as a body to the Vice Mayor and any future council member. She agrees with Ms. Morris that this has to stop.
Council Member Solorio-Ruiz asked Council Member Alindajao when he speaks of the public, is he assuming that he knows the perception or the option of community and asked if he has any statistics or fact or surveys to possibly back up his claim that many folks out there would be horrified if you tell them the story.
Council Member Alindajao responded in the negative, but he explained that is why they were elected to speak for them and represent values that he believes are important to the community.
He further explained how it would be ludicrous to poll everyone on every decision he makes as it would be impossible because he must make judgement calls. He further added that when he sees the laws and what they are advancing, he has to believe that is what his community values.
Council Member Solorio-Ruiz believes it is not productive to say, “Look at her, she did something wrong.” He adds as if they are shaming her, but he believes they are not digging into the real issue of having an honest conversation which he’s been wanting to have. He stressed, “Hey, this is not what we’re supposed to be doing.” He shared that they should educate themselves and build that trust and build that connection, and he does not want to burn someone at the stakes. He believes this matter can be dealt with internally with his recommendations.
Motion made to table this item indefinitely by: Solorio-Ruiz Mayor Osorio asked Council Member Alindajao last week, when he commented that if he would be in the same position as the vice mayor, he asked, would he be getting as much support. He therefore, believes in second chances and believes that he doesn't think that this is the first step in the right direction.
Council Member Morris stated that with every choice one makes, there is a consequence, so you cannot make a choice and not deal with consequences at the end. She further added that an apology or investigation has to happen which she has the power to do that.
Mayor Osorio asked his last question.
2nd by: Osorio
Vote: 2-2 (Motion Fails)
Ayes: Osorio/Solorio-Ruiz
Nays: Alindajao/Morris
Absent: None
Abstentions: Vasquez
Motion made to accept and move forward by: Alindajao
2nd by: Morris
Vote: 2-2 (Motion Fails)
Ayes: Alindajao/Morris
Nays: Osorio/ Solorio-Ruiz
Absent: None
Abstentions: Vasquez
19) 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
Staff report provided by City Attorney Richman.
Mayor Osorio opened public comment.
No public comment.
Mayor Osorio closed public comment.
Council Member Alindajao inquired about the new LLC.
City Attorney Richman responded that said information is confidential, but that was submitted to the DOJ and was reviewed by finance.
Al Adler stated that there is a law regarding financial information and it’s confidential. He stated that the lead is made by the DOJ’s decision and their approval is only valid upon their approval.
He added that they are selling them the LLC, so they the LLC will still hold the license of the casino.
Mr. Adler shared that it was a privilege to do business in Delano for the better part of 13 years.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 4-1
Ayes: Osorio/Vasquez/Morris/Solorio-Ruiz
Nays: Alindajao
Absent: None
Abstentions: None
20) 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 Eric Arias, Assembly Member Salas’ representative shared about the bill.
Discussion was between Mr. Arias and the Council as to the details of the bill.
Council Member Alindajao asked if there was a conflict due to his wife being a teacher.
City Attorney Richman responded in the negative.
Mayor Osorio opened public comment.
No public comment.
Mayor Osorio closed public comment.
Motion made by: Morris
2nd by: Alindajao
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
21) 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
Eric Arias, Assembly Member Salas’ representative shared about the bill.
Mayor Osorio opened public comment.
Mayor Osorio closed public comment.
Motion made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
22) 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 Eric Arias, Assembly Member Salas’ representative shared about the bill.
Mayor Osorio opened public comment.
No public comment.
Mayor Osorio closed public comment.
Motion made by: Morris
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
25) Discussion regarding services provided for the Seniors (Mayor Pro Tem Vasquez and Council Member Morris) (Item moved up out of sequence by Mayor Osorio) Staff report provided by Recreation Manager Batth-Chavez.
Council Member Morris shared that she first thought there wasn’t any programs but was surprised about all the activities on the calendar at the senior center. She also shared that the issue apparently was the bingo not being provided.
Recreation Manager Batth-Chavez provided a synopsis of activities at the Senior Center and explained why they have not brought bingo back due to many variables.
Mayor Osorio opened public comment.
Anita Lopez requested to expand the hours especially in the summer to stay open past 1pm.
Fernando Bravo shared that the seniors want to socialize and his support for bingo. He also asked to show him where bingo is illegal for gambling.
Mayor Pro Tem Vasquez asked what do the Seniors want.
Mr. Bravo responded bingo.
Mayor Pro Tem Vasquez aside from bingo.
Mr. Bravo responded the pool table room and have tables for cards and dominoes.
Gina Martinez stated there are many activities such as knitting, and she volunteered and would donate arts and crafts. She recommended to have an activities calendar.
Arthur Rodriguez asked for the rules and regulations, and he got into an argument there. He also shared that the person that cleans up that place always complains.
Joey Gorospe shared that he remembers that the seniors would do a dance.
Maria Martinez shared that she considers herself a senior and dancing is good for them, as well as she personally walks about three miles a day. She also stated that she would donate $100.
Mayor Osorio closed public comment.
Recreation Manager Batth-Chavez provided responses and clarification.
No Council action.
Motion made to table item nos. 23, 24, 26, 27, 28, 29, 31, 32, and department report by:
Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Osorio/Vasquez/Alindajao/Morris/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
23) 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)
Item tabled by Council.
24) Appointment to fill vacancy on the Planning Commission Item tabled by Council.
25) Discussion regarding services provided for the Seniors (Mayor Pro Tem Vasquez and Council Member Morris) (Item moved ahead of Item no. 23) 26) Discussion on Municipal Code Chapter 6.22 Garage Sales in residential districts (Mayor Pro Tem Vasquez)
Item tabled by Council.
27) General Plan update discussion regarding whether the City of Delano met the requirements in regard to items not being in other languages and not having interpreters so meetings are counted (Mayor Osorio & Mayor Pro Tem Vasquez) Item tabled by Council.
28) Discussion regarding Public Relations and direction to staff for contracting out or create a part-time position (Mayor Pro Tem Vasquez and Council Member Solorio-Ruiz)
Item tabled by Council.
29) Discussion regarding Disc Golf in local city parks (Mayor Pro Tem Vasquez) Item tabled by Council.
30) Discussion regarding specific infrastructure improvements (Mayor Osorio) Item dropped by Council and not continued.
31) Discussion in regard to providing zoom capabilities at the Jefferson Center for Council Meetings (Mayor Pro Tem Vasquez)
Item tabled by Council.
DEPARTMENTAL REPORTS
Inclusionary Housing Element report was tabled.
COUNCIL STATEMENTS AND REPORTS
Council Member Alindajao: None.
Council Member Morris: None.
Council Member Solorio-Ruiz: He attended the spay and neuter event at the animal shelter. He also had a meeting with Chief Service Officer Josh Friday with Gov. Newsome in Fresno to discuss issues in Delano and collaborate. He asked for a future agenda that he’d like to see as to the grant writers, benches at the dog park and interpreter services for council meetings.
Mayor Pro Tem Vasquez: She asked about trees at the dog park.
Mayor Osorio: He thanked everyone.
CLOSED SESSION
32) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Govt. Code Section 54957: City Manager
Action: Item tabled by Council.
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Council Member Morris, seconded by Solorio-Ruiz, and unanimously carried 5-0 to adjourn the meeting at 11:29 p.m.
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Ricardo G. Chavez, City Clerk