CITY OF DELANO CITY COUNCIL
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO DENING CONDITIONAL USE PERMIT NO. 2022-007 FOR (A) A SERVICE STATION (AUTOMOTIVE, WITH CONVENIENCE STORE WITH ALCOHOLIC
BEVERAGE SALES) AND (B) A DETERMINATION OF PUBLIC
CONVENIENCE TO ALLOW A TYPE 20 LICENSE AT 2200 GIRARD STREET (ASSESSOR PARCEL NUMBER: 410-070-10)
WHEREAS, on March 16, 2022, an application was filed by Saeed Bassam requesting approval of a Conditional Use Permit for a service station (automotive, with convenience store with alcoholic beverage sales); and,
WHEREAS, the location of the site is located at 2200 Girard Street (Assessor Parcel Number: 410-070-10); and,
WHEREAS, the subject property is designated Commercial by the Land Use Element of the City of Delano General Plan, and is zoned General Commercial (GC) District; and,
WHEREAS, on June 8, 2022, the Planning Commission of the City of Delano held a public hearing regarding the Conditional Use Permit, after having published notice and mailed notice to property owners within 300 feet of the subject parcels prior to said hearing, and;
WHEREAS, after considering the applicant’s request for the Conditional Use Permit, the Planning Commission voted to deny the application.
WHEREAS, the City Council hereby denies the applicant’s appeal based upon the finding in this resolution.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
Finding: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License will be detrimental to adjacent residential uses and will be detrimental to the health, safety, and welfare of the public or to property in the vicinity due to the number of existing licenses within the area.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
The foregoing recitals are true and correct.
EXHIBIT A
Resolution No. 2022-
July 18, 2022
THAT THE CITY COUNCIL hereby finds that a full and fair public hearing has been held on the requested entitlement and the City Council has considered all public comments received thereon, both written and oral; and
THAT THE CITY COUNCIL hereby denies Conditional Use Permit No. 2022-004 based on the findings enumerated hereinabove.
The forgoing Resolution of the City of Delano City Council was denied and adopted on the 18
th day of July 2022
AYES:
NOES:
ABSENT
ABSTAIN:
ATTEST: ___________________
Ricardo G. Chavez, City Clerk
APPROVED: _______________________
Bryan Osorio, Mayor
Exhibit B
Draft Resolution (Approval)
EXHIBIT B
Resolution No. 2022-
July 18, 2022
CITY OF DELANO CITY COUNCIL
RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DELANO APPROVING CONDITIONAL USE PERMIT NO. 2022-007 FOR (A) A
SERVICE STATION (AUTOMOTIVE, WITH CONVENIENCE STORE WITH
ALCOHOLIC BEVERAGE SALES) AND (B) A DETERMINATION OF PUBLIC CONVENIENCE TO ALLOW A TYPE 20 LICENSE AT 2200 GIRARD STREET (ASSESSOR PARCEL NUMBER: 410-070-10)
WHEREAS, on March 16, 2022, an application was filed by Saeed Bassam requesting approval of a Conditional Use Permit for a service station (automotive, with convenience store with alcoholic beverage sales); and,
WHEREAS, the location of the site is located at 2200 Girard Street (Assessor Parcel Number: 410-070-10); and,
WHEREAS, the subject property is designated Commercial by the Land Use Element of the City of Delano General Plan, and is zoned General Commercial (GC) District; and,
WHEREAS, Conditional Use Permit No. 2022-007 shall become null and void if use of the permit has not begun within two (2) year of the date of approval by the Planning Commission, unless an extension of time is requested by the applicant and approved by the City; and
WHEREAS, Conditional Use Permit No. 2022-007 shall not become effective for any purpose unless and until an “Acceptance of Conditions” form has been signed by the applicant and returned to the Community Development Department; and WHEREAS, on June 8, 2022, the Planning Commission of the City of Delano held a public hearing regarding the Conditional Use Permit, after having published notice and mailed notice to property owners within 300 feet of the subject parcels prior to said hearing.
WHEREAS, after considering the applicant’s request for the Conditional Use Permit, the Planning Commission voted to deny the application.
WHEREAS, the City Council hereby grants the applicant’s appeal based upon the finding in this resolution and conditions of approval as enumerated in Exhibit “C”.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
Finding: The proposed use is consistent with the goals and policies of the General Plan Land Use Element designation of Commercial and with the purpose of the General
EXHIBIT B
Resolution No. 2022-
July 18, 2022
Commercial (GC) zoning district and the use would not impair the integrity and character of the zone district in which it is to be established.
Evidence: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License is compatible with the existing project area and the intent of the map code designation and zone district. In addition, the project site is located in area that can serve the surrounding area.
Finding: The site is suitable for the service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License and intensity of use and development, and there is adequate access for the type of use in its location for use and maintenance of the dwellings.
Evidence: Site plan contained in Conditional Use Permit File No. 2022-007. The site plan illustrates that access to the site will be utilized by the existing ingress and egress points from Girard Street and 22nd Avenue.
Finding: There are adequate provisions for water, sanitation and other public utilities and services for the site consistent with public health and safety.
Evidence: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License is located within an existing developed parcel and will utilize a minimal amount of public utilities in the area.
Finding: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License will not be detrimental to adjacent residential uses and will not be detrimental to the health, safety, and welfare of the public or to property in the vicinity.
Evidence: As noted above, the project site is located within the vicinity of commercial and residential development. The site plan contained in Conditional Use Permit File No. 2022- 007 demonstrates that the site will be developed in compliance with applicable standards to protect the public and property in the vicinity.
Finding: The proposed use will not adversely affect the present economic stability and future economic development of property in the surrounding area.
Evidence: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License will not adversely affect the surrounding area as the living quarters will be located within an existing developed site.
Finding: The proposed use would not result in a significant effect on the environment.
Evidence: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to §15305, Minor Alterations in Land Use Limitations.
EXHIBIT B
Resolution No. 2022-
July 18, 2022
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
The foregoing recitals are true and correct.
THAT THE CITY COUNCIL hereby finds that a full and fair public hearing has been held on the requested entitlement and the City Council has considered all public comments received thereon, both written and oral; and
THAT THE CITY COUNCIL hereby approves Conditional Use Permit No. 2022-004 based on the findings enumerated hereinabove, and subject to the conditions of approval the attached Exhibit “A”.
The forgoing Resolution of the City of Delano City Council was passed and adopted on the 18th day of July 2022
AYES:
NOES:
ABSENT
ABSTAIN:
ATTEST: ___________________
Ricardo G. Chavez, City Clerk
APPROVED: _______________________
Bryan Osorio, Mayor
Exhibit C
Conditions of Approval
Conditional Use Permit No. 2022-007 - Conditions of Approval 2200 Girard Street – Service Station (automotive, with convenience store with alcoholic beverage sales)
EXHIBIT C
Exhibit “C”
Conditional Use Permit No. 2022-007
Conditions of Approval
1. Sign the “Acceptance of Conditions.” This Conditional Use Permit No. 2022-007 approval shall not become effective for any purpose unless and until an “Acceptance of Conditions” form or the approval notice has been signed by the property owner and the applicant. The signed permit shall be returned to the Community Development Department. Further, approval of Conditional Use Permit No. 2022-007 shall not vest until all of the Conditions have been met. The conditions of approval shall run with the land in the event of its future sale or transfer of ownership.
2. Additional Fees. Within five working days after project approval, the applicant shall pay the mandatory Notice of Determination (NOD) filing fee of $50.00 along with the mandatory State Department of Fish and Wildlife CEQA review fee as amended or adjusted from time to time. (F&G code §713) for Kern County Clerk NOD processing. The check will be made to Kern County Recorder. If the required filing fee is not paid for the project, the project approval will not be operative, vested, or final and any local permits issued for the project will be invalid (§711.4 (c) (3) of the Fish and Game Code.) NOTE: If the fee is not paid within five days after approval of the project, it will extend the time frame for CEQA legal challenges.
3. Subsequent Development of the Site. Any additional buildings, new uses, intensity of use, building expansions, or site development shall be subject to review by the Community Development Department and possible amendments to the Conditional Use Permit in accordance with Title 20 - Zoning - Chapter 20.2 Permits and Approvals of the Delano Municipal Code, along with appropriate environmental review in compliance with the California Environmental Quality Act (CEQA).
4. City to Be Held Harmless. The owner(s), applicant, or project proponents (hereinafter referred to as “Applicant”), solely at their cost and expense, shall defend, indemnify and hold harmless the City of Delano (hereinafter referred to as “City”), its agents, legislative bodies, officers and employees regarding any legal or administrative action, claim or proceeding concerning approval of Conditional Use Permit No. 2022-001 and/or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act (hereinafter referred to as “CEQA”); or, at its election and in the alternative, shall relinquish such approval. Applicant shall assume the defense of the City in any such legal or administrative action, claim, or proceeding with legal counsel paid for in the entirety by Applicant, but subject to the City's reasonable approvals. Applicant shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs, and attorneys' fees which the City, its agents, legislative bodies, officers, and employees may be required to pay or otherwise pay because of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim, or proceeding, but such participation shall not relieve Applicant’s obligations under these conditions of approval (hereinafter referred to as “Conditions”).
Conditional Use Permit No. 2022-007 - Conditions of Approval 2200 Girard Street – Service Station (automotive, with convenience store with alcoholic beverage sales)
EXHIBIT C
5. Project Required To Meet Certain Codes And Other Requirements. Applicant shall comply with all provisions of the City’s Zoning Ordinance, Subdivision & Engineering Design Manual, the latest adopted California Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code, Fire Code, and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits. Identification of specific sections of any of the aforementioned City documents does not negate the Applicant’s responsibility to conform to unmentioned sections of the City’s Zoning Ordinance, Subdivision & Engineering Design Manual, California Building Code, and all other applicable ordinances, resolutions, standards, and requirements of the City.
6. Substantial Conformance with Approved Plans Required. All on-site development shall be in substantial conformance with the approved plans on file (CUP No. 2022-007, SPR No. 2020-004, SPR No. 2020-005 and SPR No. 2021-004) with the Community Development Department. All such plans shall be conditions of approval if not mentioned herein. Applicant shall develop the site and all structures in accordance with the Plans on file with the City’s Community Development Department, except as otherwise required by these conditions of approval. Any changes or revisions in such plans may require additional review and approval by the Community Development Director, or possible reconsideration by the Planning Commission.
7. Expiration of Conditional Use Permit No. 2022-007 This Conditional Use Permit approval shall become null and void if construction and/or use of the project has not begun within two years (2) of the date of the approval. Any extension(s) of time for this approval shall not exceed three (3) additional years, and may be granted a request from the applicant in writing submitted to the Community Development Department not less than 30 days prior to the date of expiration.
PLEASE SIGN AND DATE PROJECT CONDITION ACKNOWLEDGEMENT BELOW,
MAKE A COPY FOR YOUR RECORDS, AND RETURN ORIGINAL TO THE COMMUNITY
DEVELOPMENT DEPARTMENT PRIOR TO COMMENCING WORK ON THE SITE Acceptance of Conditions (This acknowledgement requires the signature of the applicant and the property owner)
I have read the above and agree to the conditions as set forth herein. I understand the full nature of the conditions and agree to abide by them.
Owner’s Signature: __________________________________________________________ Printed Name: ______________________________________________________________ Date: ______________________________________________________________________ Applicant Signature: _________________________________________________________ Printed Name: ______________________________________________________________
Conditional Use Permit No. 2022-007 - Conditions of Approval 2200 Girard Street – Service Station (automotive, with convenience store with alcoholic beverage sales)
EXHIBIT C
Date: _____________________________________________________________________ Notice of Appeal1
Appeal of Action.
Any person may appeal a decision of the Community Development Director to the Planning Commission where the Community Development Director's decision would otherwise be final.
Filing of Appeals. Any person wishing to appeal decision of this Site Plan Review application may file an appeal with the Community Development Department within ten calendar days following the date of action for which an appeal is made. If the last day to file falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals shall be forwarded to the City Clerk by the Community Development Director.
Appeal Hearings. Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Community Development Director decision, notice shall be given pursuant to §20.2.140 of the Delano Municipal Code, Effective Date of Appealed Actions: Except as otherwise provided, an action that has been appealed shall not become effective until a final determination is made by the appropriate decision making body. 1 DMC Title 20, Chapter 20.2, §20.2.180 - Appeals
Planning Commission
Resolution and Minutes
PC Resolution 2022-08
CUP 2022-007
June 8, 2022
CITY OF DELANO PLANNING COMMISSION
RESOLUTION NO. 2022-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DELANO DENING CONDITIONAL USE PERMIT NO. 2022-007 FOR (A) A
SERVICE STATION (AUTOMOTIVE, WITH CONVENIENCE STORE WITH
ALCOHOLIC BEVERAGE SALES) AND (B) A DETERMINATION OF PUBLIC CONVENIENCE TO ALLOW A TYPE 20 LICENSE AT 2200 GIRARD STREET (ASSESSOR PARCEL NUMBER: 410-070-10)
WHEREAS, on March 16, 2022, an application was filed by Saeed Bassam requesting approval of a Conditional Use Permit for a service station (automotive, with convenience store with alcoholic beverage sales); and,
WHEREAS, the location of the site is located at 2200 Girard Street (Assessor Parcel Number: 410-070-10); and,
WHEREAS, the subject property is designated Commercial by the Land Use Element of the City of Delano General Plan, and is zoned General Commercial (GC) District; and,
WHEREAS, on June 8, 2022, the Planning Commission of the City of Delano held a public hearing regarding the Conditional Use Permit, after having published notice and mailed notice to property owners within 300 feet of the subject parcels prior to said hearing.
WHEREAS, the Planning Commission makes the following finding:
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
Finding: The service station (automotive, with convenience store with alcoholic beverage sales) and Type 20 License will be detrimental to adjacent residential uses and will be detrimental to the health, safety, and welfare of the public or to property in the vicinity due to the number of existing licenses within the area.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
1. The foregoing recitals are true and correct.
2. THAT THE PLANNING COMMISSION hereby finds that a full and fair public hearing has been held on the requested entitlement and the Planning Commission has considered all public comments received thereon, both written and oral.
3. THAT THE PLANNING COMMISSION hereby denies Conditional Use Permit No. 2022-004 based on the findings enumerated hereinabove.
MINUTES
CITY OF DELANO
PLANNING COMMISSION – REGULAR MEETING
June 8, 2022
CALL TO ORDER
Chairman Monrian called the meeting to order at 5:30 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
FLAG SALUTE
Chairman Monrian led the flag salute.
ROLL CALL
Commissioners present: Terrence Monrian, Valerie Jasso Gorospe, Frank Herrera III, Jose Parra Commissioners absent: Carolina Leyva Barajas
OFFICIALS PRESENT
Interim Community Development Director Mynk, City Clerk Chavez, Interim Senior Planner Monsibais and Senior Planner Cuxum
ITEMS FROM THE PUBLIC
1. Fernando Bravo asked about what’s being done on the corner of Albany and Garces.
2. Marcela Martinez asked to be for some of the following things to appear on a future agenda like what are the conditions of approval pertaining to multifamily homes or apartments? She stated that in her opinion, it'd be great to have safety addressed. She further added the cleanliness of an area pertaining to where trash bins will be located, paved pathways to minimize dirt and accessibility to activities in the community to improve life for the members. She further stated for example, like play areas for the parks. She added parking permits, possibly to prevent an overflow of cars, when multifamily homes or apartments to be approved or built. She would also like to see would pertain to prop 68 and know what steps the planning commission will take to improve or to get funds from public state aid in order to improve the life of the residence and she would like to request a meeting with a couple of the commissioners, if possible, to share her ideas.
3. Jocelyn Gandarilla commented about last month's meeting. She shared a few concerns with the way the planning director was communicating with Commissioner Jasso Gorospe, as she understands that the Delano is growing and new developments are being built, but this should not equate to the overlooking of the health of our residents. She further stated that if Mr. Mynk would go on to these developments and be approached with questions, would he respond the same way like, “I don't really know and I don't really care” way to our residents. She’s affirmed that these questions being asked by his superior would have been answered in a more respectful manner than what happened last month. She further stated that just because developments have large sums of money does mean people and their health and health concerns shouldn't be prioritized. Therefore, she just hopes that Mr. Mynk’s supervisors can talk to him about how to communicate professionally with community and the Planning Commission.
4. Kendra Geivet directed questions to Mr. Mynk. She wanted to know why he isn’t more hesitant to build houses that could be a potential health risk for family. She stated that it seems as though he’s trying more to please the applicant rather than care for the community. She also asked about a question asking for specific reports about the contaminants coming from the dump and would like to see a list of contaminants that could put her community in danger if these houses were built. As a community resident here, she’s not sure how her questions would be received or answered because of the way he spoke to Planning Commissioner Jasso Gorospe at the last meeting. She stated they want hard questions to be asked and they should be answered and asked how a representative for the City of Delano can be allowed to talk to a planning commissioner this way and suggested for staff be professional.
5. Irene Mendez stated that the Community Development Director need to speak with care, compassion, and respect towards his peers. She further said that he currently has two team members in his group that are well valued, but because of this behavior there are issues in the City of Delano. She further stated that these two people have a vision for the future and seem to be bothering this current leader. Ms. Mendez shared that a mistake that could have been avoided is the bridge that leads to Walmart as someone was looking into the future, it could have been avoided. She also stated that there is a housing development near a dumpsite and wondered how they can build houses near a contaminated site. She stated that it is a good thing to have planning commissioners to keep an eye out. She lastly asked for the director not to be just a boss, but a leader and to be amicable and respectful specifically to women.
CONSENT AGENDA
1) Authorization to waive the reading of any ordinance or resolution in its entirety and consenting to the reading of such ordinances or resolutions by title only Motion made to approve consent agenda with corrections noted on item no. 2 by: Jasso Gorospe
2nd by: Herrera III
Vote: 4-0
Ayes: Monrian/Herrera III/Jasso Gorospe/Parra
Nays: None
Absent: Barajas
Abstentions: None
PUBLIC HEARINGS
2) Conditional Use Permit No. 2022-007: applicant, Saeed Bassam, is requesting approval of a resolution of the Planning Commission of the City of Delano approving Conditional Use Permit No. 2022-007 to allow a service station (automotive, with convenience store with alcoholic beverage sales) at 2200 Girard Street (Assessor Parcel Number: 410-070-10) (Continued from April 13, 2022) Staff report provided by Interim Senior Planner Monsibais.
Chairman Monrian opened public comment.
Marcela Martinez asked how the city would make conditions to monitor the sales or make it less accessible to minors in that area.
Pastor David Vivas shared his opposition.
Aida Ramirez shared her opposition.
Fernando Bravo shared his opposition.
Chairman Monrian closed public comment.
Commissioner Jasso-Gorospe thanked staff for sending out the notices to the apartment complexes. She further asked regarding the logistics of the list of licenses.
Interim Senior Planner Monsibais responded this was the list from the agency representative which she specified that one was a restaurant and was not included.
Commissioner Jasso-Gorospe asked about the 24/7 hours as to the sales of alcohol stops at 2am.
Interim Senior Planner Monsibais responded that ABC regulates the sale.
Commissioner Parra asked if the applicant would go forward without selling alcohol.
Interim Community Development Director Mynk stated that this was first brought forward with the sale of alcohol, but the applicant can move forward.
Commissioner Herrera III asked if there any talk of there being an undue concentration of type 20 Year 21 licenses in the City of Delano and what the results were. He asked if the applicant already applied for his type 20 license. He further asked if the applicant will continue with the project if ABC denies his license. Commissioner Herrera III asked if the license approval predicated upon approval of our conditional use permit. He further added with 44 type 20 and 21 licenses and was curious about if there was some type of undue concentration. He elaborated that he noticed that although there may not be a statutory requirement, or a requirement with any type of city code, has the Delano PD been contacted to comment on the project, or asked any questions about having so many licenses concentrated within a very small area.
Interim Senior Planner Monsibais responded that there is a process for the applicant with local jurisdiction approval to move forward with ABC. She’s not aware if they’re willing to move forward, but they do have permits for the other projects. She also stated that the police was provided a hearing notice.
Chairman Monrian stated something that was inaudible.
Interim Community Development Director Mynk reviewed the Planning Commission’s options.
He further stated there were findings, so then this would be detrimental to adjacent residential uses and will be detrimental to the health, safety, and welfare of the public or to property in the vicinity.
Motion made to deny with findings by: Monrian
2nd by: Jasso Gorospe
Vote: 4-0
Ayes: Monrian/Jasso Gorospe/Barajas/Herrera III/Parra
Nays: None
Absent: None
Abstentions: None
Commissioner Herrera III shared further comments during the vote.
Interim Senior Planner Monsibais read the Appeal Notice into the record. 3) Conditional Use Permit No. 2022-009 - Conditional Use Permit No. 2022-009 - Applicant, Maria Del Rosario, is requesting approval of a resolution of the Planning Commission of the City of Delano approving Conditional Use Permit No. 2022-009 for food establishment/food truck (APN: 521-010-13) Staff report provided by Interim Senior Planner Monsibais.
Chairman Monrian opened public comment.
Maria Del Rosario Vargas shared why she would like her requested approved.
Marcela Martinez stated that she would want more food for the City of Delano but there is the Hole-In-One are they open at the same time with different foods. She also asked if the Planning Commission can put together something to where a day out of the week they can have some type of event where there's food trucks, or street food available, kind of like if you're familiar with my Japan streetstyle food that they have laid out, so that not only the vendors benefit from it, but the community members can have an opportunity to socialize, mingle and be exposed to different types of groups.
Yolanda Vega asked though Hole-In-One already rents at the golf course, but they now want to have truck at the golf course, so who is Hole-In-One actually paying rent to if the golf course is run by an LLC, and as of over a year ago, the actual person leasing the golf course, has passed away since September of 2021. She therefore has a lot of concerns regarding the golf course, the golf course management, the establishments that are currently at the golf course, the new establishment that want to come in, and as far as she has been told from the city management from the previous City Council is the city of Delano is in the business of making money and with the golf course, they continue to lose money. She asked if the golf course going to be back on the planning commission’s radar due to the person now running it is no longer are not on the lease and she asked what is going to happen there, as well as is this establishment going to continue.
She further added that now adding the truck, the truck services to the establishment, she has a lot of questions a lot of concerns and a lot of business practices that the city continues to do that are kind of fishy.
Fernando Bravo stated the restrooms outside of the golf course are really nasty, so he asked if they would use the restrooms in the golf course. He suggested that these food truck sell different types of food and to sell on Cecil. He wouldn’t recommend this.
Pastor David Vivas shared his support and asked if this is approved would she be mobile.
Veronica Vasquez asked before this gets approved, could it be looked into in regard to who she's actually paying rent to and who's actually on the lease for the golf courses. She further stated that if somebody has passed away a year ago, she would think that that lease should be null and void and that contract should be coming back to the planning commission. Lastly, she shared that she’s kind of confused on how this can be moved forward.
Chairman Monrian closed public comment.
Commissioner Jasso Gorospe stated that the applicant was nervous and asked for the applicant to elaborate on some of her comments of lots of trucks and doing the right thing.
Ms. Del Rosario stated that there are many people coming from Bakersfield, but she’s wanting to get a permit.
Commissioner Jasso Gorospe asked if the name on the property owner correct, is the lease agreement null and void.
Interim Community Development Director Mynk stated that to their understanding, the owner Napoleon which is alive and well. He also shared that the applicant is the owner of the business located at the golf course and would run the food truck in front of the business.
Commissioner Jasso Gorospe asked if there is anyone else on the lease agreement besides Napoleon.
Interim Community Development Director Mynk responded that he has not seen the lease agreement.
Ms. Del Rosario shared that a partner did pass away, but the son and the manager is still there.
Commissioner Jasso Gorospe inquired about the legalities of the circumstances of the LLC.
Interim Community Development Director Mynk stated that they have a letter attesting under the penalty of perjury in behalf of the LLC.
Commissioner Parra stated that he doesn’t want to vote on something where there is a legal obligation in which they would be called out on it. He also asked where was the applicant originally located where the applicant had issues with other trucks.
Ms. Del Rosario responded at the park.
Commissioner Herrera III asked if it’s possible to make a referral to code enforcement to investigate the allegation of unpermitted food trucks operating within the area.
Interim Community Development Director Mynk responded in the affirmative and shared that they did go before the City Council in which they approved additional code enforcement officers as a part-time position.
Commissioner Herrera III stated that it seems like they are giving an unfair advantage, but the applicant here is going through the permitting process. He further asked if the food truck would be permanently parked. He requested for trash receptacle to be placed next to the food truck. He asked what the distance from the food truck to the restaurant is and asked if the applicant is bound to the days and hours she’s provided. He also asked about the parking due to high use of baseball seasons. He further asked about Little League not being noticed. Lastly, he inquired about the relationship between the applicant and the LLC.
Interim Community Development Director Mynk and Interim Senior Planner Monsibais responded to the inquires.
Chairman Monrian asked about the enforcement and the benefit of the applicant getting a permit.
Interim Community Development Director Mynk provided an explanation of the process of enforcement and the benefit obtaining the permit.
Commissioner Jasso Gorospe asked if Little League was notified.
Interim Community Development Director Mynk responded in the negative.
Commissioner Jasso Gorospe shared that the Little League people would help the applicant’s business, but she would like to notify Little League about this project in a formal way.
Motion made to continue item to the next regularly scheduled meeting by: Jasso Gorospe 2nd by: Monrian
Vote: 3-1
Ayes: Monrian/Jasso Gorospe/Parra
Nays: Herrera III
Absent: None
Abstentions: None
Commissioner Herrera III shared further comments during the vote.
REGULAR AGENDA
No Items
DEPARTMENTAL REPORTS
No Items.
COMMISSIONER STATEMENTS AND REPORTS
Chairman Monrian: None.
Commissioner Parra: He asked about badges.
Commissioner Barajas: Absent.
Commissioner Herrera III: Thanked staff for staff’s work. He thanked the City Council for his appointment to the Planning Commission, as well as the support of the community. He also shared that he was grateful for his dad, mom and all his family.
Commissioner Jasso Gorospe: She stated by referencing SB1000, as meaningful engagement with the community, and that's not just from planning commission, but the planning department, the city level, city council members, and everyone that represents the city. She stated that they demonstrate meaningful engagement by being accessible, by being transparent and responsive to all stakeholders, including those that they might not be necessarily patient with or folks that might challenge them with questions or comments or different beliefs and opinions, but she wants to make sure that they are intentional about what meaningful engagement means for the City of Delano for folks that are visiting the city of delayed on their community. She referenced how she remembers a few months ago, Vice Mayor Vasquez proposed some team building efforts and she'd like to ask staff to see if they could put some kind of communication trainings mixed in with those proposed team building efforts looking at what effective communication is, what meaningful communication is, and all of the different facets and layers of communication that would be helpful for staff when they're listening to community, helpful for staff when they're listening to planning commissioners and for planning commissioners when they're listening to the community. She therefore asked staff to revisit or to look at that and see if that can be intersected with Vice Mayor Vasquez’s team building efforts.
ADJOURNMENT
Moved by Commissioner Jasso Gorospe, seconded by Commissioner Parra, and unanimously carried 4-0 to adjourn the meeting at 6:57 p.m.
Ricardo G. Chavez, City Clerk
Location of Existing Licenses
Within Surrounding Area
Location of Existing Licenses within Surrounding Area
Project Plans
Project
Location
Sheet
Scale:
Project No.
2200
SITE PLAN
GIRARD ST. DELANO, CA 93215
PEREZ DESIGN SERVICES
BAKERSFIELD, CA 93307
[email protected]
661-314-5169
Proposed 6 Commercial Rental Units
2020-001
SD-2
19'-0" 27'-5" 19'-0"
19'-0" 24'-0"
9'-0"
TYP.
9'-0"
TYP.
9'-0"
TYP.
28'-9"
NEW DRIVE APPROACH
PER CITY STANDARDS
-SEE SHEET A-502
(E) APPROACH (E) APPROACH
REMOVE & REPLACE (E) APPROACH AND SIDEWALK
19'-0"
18'-0"
19'-0" 37'-4" 19'-0"
18'-0"
9'-0"
TYP.
22'-0"
11'-6" 11'-6"
14'-0" 15'-0" 14'-0"
5'-0" 5'-0"
9'-0" 8'-4" 9'-0"
33'-0"
1 SD-3
11 22ND AVE
GIRARD ST
TRASH
ENCLOSURE
AREA
2 8
88 5
9 8
(E) PARKING NEW PARKING, SIDEWALK
&
CURB GUTTER
PER CITY STANDARDS -SEE SHEET A-502
(E) F.H. 5
19 NEW PARKING, SIDEWALK &
CURB GUTTER
PER CITY STANDARDS -SEE SHEET A-502
9 NOTE: PARKING AND SIDE
WALK CONSTRUCTION WITH
SHOPPING CENTER
CONSTRUCTION (SPR 2020-005)
NEW AC
PAVING
RESTRIPE
PARKING
AS SHOWN
NEW AWING W/ TWO (2)
GAS PUMPS
NEW CONC. CURB. PATCH AC
PAVING FOR ADDITIONAL
PARKING STALL. MODIFY
PLANTER AS SHOWN
NEW CONC. CURB. & AC
PAVING AS SHOWN MODIFY
PLANTER AS SHOWN
RELOCATED
MONUMENTAL
SIGN
PATCH AC
PAVING
10'-0" 73'-6"
9'-4" 23'-0" 42'-0"
4'-0"
6'-0" 6'-0" 6'-0"
3'-0"
4'-0" MIN. TYP.
EXISTING
RESTAURANT
DINING AREA
APPROX. 1086
SQ. FT
.
NEW BUILDING
IN PLAN CHECK
PROCESS
(BP
-2021
-073
)
17,508 SQ. FT
.
(SEPARATE
APPLICATION
)
CONVENIENCE
STORE
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5
TENANT
IMPROVEMENT FOR
GAS STATION AND
STORE
1213 SQ. FT
.
N
1 SCALE:
1" = 40'
SITE PLAN
Project
Location
Sheet
Scale:
Project No.
2200
SECTIONS
GIRARD ST. DELANO, CA 93215
PEREZ DESIGN SERVICES
BAKERSFIELD, CA 93307
[email protected]
661-314-5169
Proposed 6 Commercial Rental Units
2020-001
SD-3
16'-0" 3'-0"
9'-0" 5'-0" 15'-0" 5'-0" 9'-0"
43'-0"
19'-0"
1 SCALE:
1/4" = 1'-0"
CANOPY SECTION
Project
Location
Sheet
Scale:
Project No.
2200
PERSPECTIVE
GIRARD ST. DELANO, CA 93215
PEREZ DESIGN SERVICES
BAKERSFIELD, CA 93307
perezdesignservices
@yahoo.com
661-314-5169
Proposed 6 Commercial Rental Units
2020-001
SD-4
Public Hearing Notice
CITY OF DELANO
CITY COUNCIL
NOTICE OF PUBLIC HEARING
The City Council of the City of Delano will hold a public hearing on Monday, July 18, 2022, at 5:30 p.m. or as soon as possible thereafter, in the City Council Chambers located at 1015 Eleventh Avenue, Delano CA to consider the following project:
An appeal of the May 11, 2022, Planning Commission decision to deny Conditional Use Permit Application No. 2022-007. The applicant requested approval of a Conditional Use Permit No. 2022-007 to allow (a) a service station (automotive, with convenience store with alcoholic beverage sales) per Section 20.5.30.B.40 and (b) a Determination of Public Convenience to allow a Type 20 License per Section 20.11.50.D at 2200 Girard Street (APN: 410-070-10).
Environmental Review: The project is exempt from CEQA, §15305, Class 5, minor alterations of land use limitations.
Please note that if you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City Clerk, at or prior to the public hearing. All comments must be received by the City Clerk on or before July 18, 2022. All persons are invited to attend and will be given full opportunity to be heard.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 720-2228 to make reasonable arrangements to ensure accessibility to this meeting.
Telephone No. (661) 720-2228; or via California Relay Service (Hearing Impaired Only) Type of Call MCI California Relay Service Sprint California Relay Service TTY 1-800-735-2929 1-888-877-5378
Voice 1-800-735-2922 1-888-877-5379
Spanish 1-800-855-3000 1-888-877-5381
Speech to Speech 1-800-854-7784
Notification List
CITY OF DELANO
STAFF REPORT
July 18, 2022
Agenda Item: 25
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Alapisco/Transportation Manager
SUBJECT: Public Hearing to receive comments related to the Title VI Equity Analysis for Land Acquisition
Recommendation
The City is required to conduct a Title VI site equity analysis to demonstrate that the facility site selected is without regard to race, color, or national origin. DART is in the process of acquiring a Transit Maintenance, Operation and Training Facility. Public Hearing notices were posted on the buses, at the Transit Center, Transit Bus Stops, City Hall, City Social Media and posted in the local newspaper on Wednesday, June 16, 2022.
Discussion
The City is currently considering a site located at 2727 West Industry Road in Delano.
The site is owned by the City and is the former Delano Modified Community Correction Facility (MCCF). Per guidance in the circular, this analysis must:
▪ Include outreach to persons potentially impacted by the siting of the facility; ▪ Compare impacts of various siting alternatives;
▪ Determine if cumulative adverse impacts might result due to the presence of other facilities with similar impacts in the area; and
▪ Occur before the selection of the preferred site.
City of Delano – Delano Area Rapid Transit (DART) is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1.B. Title 49 CFR Section 21.9(b)(3) states, “In determining the site of location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this part.” Title 9 CFR part 21, Appendix C, Section (3)(iv) provides. “The location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color, or national origin.”
City of Delano – Delano Area Rapid Transit (DART) will bring back to City Council on August 15, 2022 to adopt the Title VI Equity Analysis report which will include any comments received during the public hearing on July 18, 2022 and the final Title VI Equity Analysis will be posted on the website at City of Delano Transit – Title VI section.
To assist the Council, staff has included “Exhibit “A”, Land Acquisition for Transit Facility and Title VI Equity Analysis
Budget Impact
None.
Attachment(s)
Public Hearing Notice
Title VI Equity Analysis Report
Exhibit A
DELANO TRANSIT
NOTICE OF PUBLIC HEARING
CONSTRUCTION OF A TRANSIT MAINTENANCE, TRAINING
AND OPERATION FACILITY
JULY 18, 2022
The Delano City Council will hear public comments in the matter of considering a construction of a Transit Maintenance, Training and Operation Facility:
NOTICE IS HEREBY GIVEN:
The City of Delano, California is considering the construction of a Transit Maintenance, Training and Operation Facility on property at or adjacent to the former Delano Modified Community Correctional Facility (2727 W. Industry Road, Delano CA).
Persons interested in this matter are invited to attend a public hearing at Delano City Hall Chambers (1015 Eleventh Avenue, Delano) on July 18, 2022 at 5:30 pm. The draft Title VI Site Equity Analysis is also available for review at Title 6 Policy | Delano, CA - Official Website (cityofdelano.org) through that date.
Public comments regarding this matter may also be submitted to the Delano City Clerk, City of Delano, 1015 11th Avenue, P.O. Box 3010, Delano, CA 93216 or at [email protected] at or prior to the public hearing for inclusion in the official record of the hearing.
DART does not exclude from participation in, or deny the benefits of transit services on the basis of race, color, or national origin. If you need more information or would like to file a complaint, please call 661-721-3333, or mail DART, P.O. Box 3010, Delano, CA 93216.
DELANO TRÁNSITO
AVISO DE AUDIENCIA PÚBLICA
CONSTRUIR UN EDIFICIO PARA LA OPERACIÓN, ENTRENAMIENTO Y
MANTENIMIENTO DE TRANSITO
18 DE JULIO, 2022
El Consejo de la Ciudad de Delano escuchará los comentarios del público en la consideración de construir un edificio para la operación, entrenamiento y mantenimiento de Transito.
LES NOTIFICAMOS :
La Ciudad de Delano, está considerando construir un edificio para la operación, entrenamiento y mantenimiento de Transito en una propiedad en o adyacente a la antigua instalación Correccional Comunitaria Modificada de Delano (2727 W. Industry Road, Delano CA).
Una audiencia pública se llevará a cabo en las cámaras del Consejo Municipal en el Ayuntamiento 1015 11th Avenue, Delano, California, a las 5:30 pm el Lunes, 18 de Julio, 2022. El borrador del Análisis de equidad del sitio del Título VI también está disponible para su revisión en Title 6 Policy | Delano, CA - Official Website (cityofdelano.org) hasta la fecha de la audencia pública.
Comentarios públicos de acuerdo de este asunto puede aparecer y ser escuchado o puede presentar por escrito a la Secretaria de la Ciudad de Delano, Ciudad de Delano , 1015 11th Avenue , PO Box 3010, Delano , CA 93216 o a [email protected] o antes de la audiencia pública para la inclusión en el registro oficial de la audiencia.
DART no excluye de participar en, o negar los beneficios de los servicios de tránsito sobre la base de raza, color u origen nacional. Si necesita más información o desea presentar una queja, por favor llame al 661-721-3333 , o por correo DART, PO Box 3010, Delano , CA 93216 .
____________________________
Ricardo Chavez, City Clerk
City of Delano
(661) 720-2228
TITLE VI SITE EQUITY
ANALYSIS
ADOPTED:___________
City of Delano
Delano Area
Rapid Transit
(DART)
moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
i
Table of Contents
Section 1 | Background........................................................................... 1 Section 2 | Study Purpose/Description................................................... 1 Section 3 | Title VI Compliance ............................................................... 2 Section 4 | Site Selection Process........................................................... 3 Section 5 | Benefits and Burdens Analysis.............................................. 5 Section 6 | Alternative Equity Analysis and Cumulative Impacts............ 6 Section 7 | Community Outreach ........................................................... 8 Section 8 | Conclusion ............................................................................ 9 moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
ii
Table of Exhibits
Exhibit 1 Location of Existing and Proposed Transit Facilities..................................................................... 3 Exhibit 2 Ariel View of Proposed Location................................................................................................... 4 Exhibit 3 Location Benefits and Burdens ..................................................................................................... 6 Exhibit 4 Demographic Data ........................................................................................................................ 7 Exhibit 5 Distribution of Low-Income Population........................................................................................ 7 Exhibit 6 Equity Impact Comparison............................................................................................................ 8 moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
1 Section 1 | Background
The City of Delano operates a public transit program marketed as Delano Area Rapid Transit (DART). DART provides service within city limits through four fixed routes and a demand-response (Dial-A-Ride) service that also serves unincorporated areas of Kern County immediately adjacent to Delano. Service is currently provided Monday through Friday from 7:00 a.m. to 5:00 p.m., and on Saturday from 8:30 a.m. to 4:00 p.m.
Section 2 | Study Purpose/Description
The City of Delano currently maintains a fleet of 19 transit vehicles: two sedans, six minivans, two small cutaways (≤25 ft), and nine larger cutaways (>25 ft). The City does not expect to significantly expand its fleet, anticipating only one to three expansion vehicles across the next 20 years.
The City currently has gasoline, diesel, and CNG fueling at its Corporation Yard. It does not utilize external vendors. The City would like to have gasoline, diesel, and CNG fueling as well as battery-electric charging capabilities at a dedicated transit maintenance facility.
Transit vehicles are currently stored at the Corporation Yard. However, there is no dedicated parking space for transit vehicles. As a result, there is insufficient parking space for the transit fleet. Therefore, transit vehicles must be continuously shifted around in order to have parking. Nor is there sufficient space to accommodate any fleet expansion.
The current maintenance facility (Corporation Yard) is located two miles from the transit center. There are no dedicated maintenance bays, although two “general use” bays are usually available for transit work. While there is no dedicated mechanic, the City has one mechanic who typically works on transit vehicles.
Currently, the City outsources transit fleet maintenance and repairs with respect to tires, A/C service, maintenance on CNG pumps, heavy chassis work, and vehicle suspension. It would like to be able to provide tires, heavy chassis work, and all A/C maintenance and repairs in-house, but is currently unable to do so given space, facility, and/or equipment constraints.
Administrative offices for the City’s transit program are located at the transit center. All administrative activities take place there, except for fleet maintenance and fueling (which occur at the Corporation Yard).
The transit center features 2,700 square feet of administrative space and provides work space for a staff of 16 (transit manager, transit supervisor, lead driver, 10 drivers, two dispatchers, and one maintenance staffer). No non-transit functions currently operate from this location.
Transit management’s primary concern regarding the current administrative space is not only that it is unable to accommodate future growth, but that it is already insufficient for the City’s needs. The transit moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
2 center was never intended to serve as the primary operations and administrative facility. The current space allocation arrangement also negatively impacts the customer experience as well.
Management’s primary concerns about the Corporation Yard include a lack of dedicated space for transit vehicle storage, lack of space to accommodate the planned battery-electric fleet charging infrastructure, lack of space for dedicated transit maintenance staff, and the inability to provide a full range of maintenance services due to a lack of space and/or equipment. As with the administrative space, it is already insufficient, and this will become more problematic as the City’s transit programs continue to develop.
There also is no current training space. Drivers need to train, and the current arrangement requires drivers to train on the street in active traffic.
With Delano’s population forecast to increase 35 percent between 2017 and 2042, the likelihood of needing to expand many of the City’s programs is high. Even if the Transit program saw little to no growth, increased population would ultimately result in a need for greater resources for other programs served by the Corporation Yard, such as police cars, fire trucks, garbage trucks, street maintenance vehicles, etc.
Therefore, relocating Transit to a dedicated facility would not only provide Transit with ample space to operate and grow, but would free up the space it formerly occupied at the Corporation Yard for other programs.
In addition, a very active rail line is located between the Corporation Yard and the transit center, and all crossings are at-grade. Depending on activity on the rail line, this can directly impact transit service ontime performance while also increasing vehicle deadhead time and (potentially) transit program operating cost. If activity on the rail line continues to increase (as is forecast), it is likely to have a greater impact on transit service delivery.
Section 3 | Title VI Compliance
The City of Delano is committed to ensuring that no person is excluded from participation in, or denied the benefits of, its transit services on the basis of race, color, or national original as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1.B. Further, Title 49 CFR Section 21.5(b)(3) states, "In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose of effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this part." Finally, Title 49 CFR Part, 21, Appendix C, Section 3(iv) provides that, "The location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color or national origin." The City of Delano’s current Title VI Non-Discrimination Policy and complaint procedure/complaint form are available online at www.cityofdelano.org/564/Title-6-Policy. moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
3 The City is required to conduct a Title VI site equity analysis to demonstrate that the facility site is selected without regard to race, color, or national origin. Per guidance in the Title VI circular, this analysis must:
• Include outreach to persons potentially impacted by the siting of the facility, • Compare impacts of various siting alternatives,
• Determine if cumulative adverse impacts might result due to the presence of other facilities with similar impacts in the area, and
• Occur before the selection of the preferred site.
Section 4 | Site Selection Process
The City is currently considering a site located at 2727 West Industry Road in Delano. The site is owned by the City and is the former Delano Modified Community Correction Facility (MCCF). It is a six-acre lot with 60,000 square feet roofed and 18,000 square feet of open concrete courtyards. The facility includes a central administration building and two dormitory buildings, each of which includes an enclosed courtyard. The former MCCF site is located four miles from the transit center. There is no active rail line between this site and the transit center.
Exhibit 1 Location of Existing and Proposed Transit Facilities Transit Center
Corporation Yard
Proposed Transit
Facility Site
moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
4 Exhibit 2 Ariel View of Proposed Location
Key facility features
In order for a potential dedicated transit maintenance facility to effectively meet the needs of the City’s transit program across the next 20 years, it will need to include the following features upon full build-out:
1. Effective allocation of space within the property – 50 percent for vehicle storage and circulation, 25 percent for employee parking, and 25 percent for building space.1 (Ideally, there would also
be sufficient space to conduct driver “behind-the-wheel” training activities.)
2. Two maintenance bays sized appropriately for current and future fleet vehicles.
3. At least one in-ground or portable lift.
4. Other fleet maintenance work areas and appropriate equipment.
5. Tire shop and tire storage.
6. Parts room/storage.
7. Maintenance offices (with space for records storage).
8. Security fencing, access gates, and lighting.
9. Break room with kitchen.
10. Transit administration/operations offices.
11. Computer room and file storage.
12. Dispatch office.
1 “A How-To Guide for Maintenance Facility Design,” Fleet Maintenance, by David A. Kolman, 11 July 2017. https://www.fleetmaintenance.com/shop-operations/shop-management/article/20864422/howto-guide-to-maintenancefacility-design moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
5 13. Money room.
14. Conference/training room.
15. Restrooms/locker rooms.
16. Reception area.
17. Fueling stations (gas, diesel, CNG, and battery-electric charging).
18. Fuel storage and/or generation (above-ground).
19. Utility area/bus wash.
At least one of the existing structures would likely need to be demolished to provide sufficient space for the fleet fueling infrastructure (storage tanks, pumps, battery-electric vehicle charging, etc.). From a site layout perspective, it would make the most sense to retain the central administration building and remove the east dormitory building so as to create sufficient space for the desired fueling infrastructure. The west dormitory building could also be demolished at a later date, or be excluded from the project altogether and used for another purpose.
Section 5 | Benefits and Burdens Analysis
The City of Delano reviewed the benefits and burdens of the proposed site as well as the current Corporation Yard to determine any impacts that might adversely affect the community. In summary, while there are many benefits to the existing location, there are also a number of burdens, including its proximity to a residential community, cumulative adverse effects (both air quality and noise) from other similar businesses, and the inability of the current site to accommodate any future growth. While the proposed site is further from the transit center and would require rehabilitation or demolition/construction, the neighboring properties are agricultural, industrial, or City-owned (such as the water treatment plan). It would also provide ample room for vehicle storage and future growth. moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
6 Exhibit 3 Location Benefits and Burdens
Benefits/Positive Impacts Burdens/Adverse Impacts
Current location (City Corporation Yard; 725 S. Lexington St.) Existing maintenance facility Close proximity to mobile home park immediately to the north
Existing fueling facility Cumulative adverse effect due to other City vehicles and airport (air quality and noise)
operating in close proximity
Most neighboring properties are similarly zoned
(industrial/commercial)
Increase in traffic along Lexington with larger
fleet
Good access to transportation corridors Active rail line between location and transit center/service area
City-owned property Limited vehicle storage capacity/no opportunity for growth
Approximately 1.7 miles from transit center
Proposed location (2727 W. Industry Rd.)
Neighboring properties are primarily industrial in
nature; no residential
Would require demolition or rehabilitation of
existing building and construction
Access to transit center/service area not
impacted by rail line
Approximately 4 miles from transit center
Ample vehicle storage capacity/room for growth
Good access to transportation corridors
City-owned land
Section 6 | Alternative Equity Analysis and Cumulative
Impacts
Delano is a majority-minority community. Non-white residents comprise 41.9 percent of the population, while individuals identifying as Hispanic or Latino comprise 76.9 percent. As such, any impacts on the community as a whole have a comparable impact on minority communities. In addition, at least 39 percent of households in Delano are considered low- or lower-income (defined as less than 80 percent of the local average median income (AMI). The distribution of low-income households within Delano is shown in Exhibit 5. The proposed site has considerably less impact on low-income communities than the existing site.
moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
7 Exhibit 4 Demographic Data
Race/Ethnicity Number Percentage
Total population 52,821 100.0%
White only 30,692 58.1%
Non-white or more than one race 22,129 41.9%
Hispanic/Latino of any race 40,606 76.9%
Total households 11,444 100.0%
Local average median income (AMI) $47,042
80% of AMI for Delano $37,634
Households with income <$35,000 4,463 39.0%
Source: American Community Survey 2015-2020 5-year estimates.
Exhibit 5 Distribution of Low-Income Population
Proposed site
Existing site
moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
8 Exhibit 6 Equity Impact Comparison
Impact Criteria Existing Site Proposed Site
Who would be impacted by
selecting this site?
Nearby businesses
Nearby residential
Nearby businesses
Nearby utilities
Will selecting this site require
displacement of residents or
businesses?
No No
What other similar facilities are
nearby?
Tractor company, veterinary
hospital, electric vehicle
charging station, mobile home
park, airport, chemical
manufacturer, self-storage
facility
Machine shop, water treatment
plant, agriculture
According to the 2020 Decennial Census, there is no resident population of the census block group in which the proposed site is located. There is a population of approximately 1,600 in the census block group where the existing site is currently located. As such, the proposed site would have less impact on residents and businesses as well as less cumulative impact from surrounding industrial facilities. As such, the alternative equity analysis found there were no adverse or cumulative impacts per the Title VI regulations.
Section 7 | Community Outreach
Prior to development of the Site Equity Analysis, the City of Delano reached out to property owners in close proximity to the proposed location at 2727 West Industry Road via mail. The letter invited property owners to submit comments regarding the change in usage. No responses or comments were received.
The draft Site Equity Analysis was published in draft format in June 2022, and a 30-day review period was established. During that review period, the draft Analysis was made available on the City’s transit website.
A formal notice of public hearing was published in the City’s newspaper of record (Bakersfield Californian) and notices were posted onboard transit vehicles, via social media, and on the City’s transit website.
A public hearing will be held on July 18, 2022, at the regular meeting of the Delano City Council. Any public comments received during the public review period or during the public hearing will be detailed below. moore-associates.net
CITY OF DELANO
TITLE VI SITE EQUITY ANALYSIS
June 2022
9 Section 8 | Conclusion
The location at 2727 West Industry Road was selected for the City’s transit maintenance and operations facility without regard to race, color, or national origin. An evaluation of the demographics of the site (as compared to the existing location) shows no disparate impact will occur through selection of this site. This is based on the fact there is no residential population within proximity to the site. There is also no cumulative impact from the proposed site, as the number of businesses is extremely small and none provide the same type of services. Therefore, the conclusion from this Title VI Site Equity Analysis is that there is no apparent disparate impact for the proposed location at 2727 West Industry Road.
CITY OF DELANO
STAFF REPORT
July 18, 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 and direction regarding a letter of support for Kern Community College District (KCCD) to serve as the regional lead for the Community Economic Resilience Fund (CERF) (Mayor Osorio)
Mayor Osorio requested this item to be place on the agenda for discussion.
Attachments:
Proposed letter of support
Overview of the Community Economic Resilience Fund
[ORGANIZATION LETTERHEAD]
[DATE]
Governor’s Office of Planning and Research
1400 10th St.
Sacramento, CA 95814
To Whom if May Concern,
[insert organization name] fully supports the Kern Community College District (Kern CCD) to serve as the regional lead for the Community Economic Resilience Fund (CERF). Our support stems from witnessing Kern CCD’s successful history in leading collaborative efforts around workforce and economic development. As a partner with Kern CCD in [insert grant/initiative here], we have been impressed with the degree to which Kern CCD engages diverse stakeholders to form long-lasting partnerships to serve the region, thus making it the ideal regional convener and fiscal agent for this one-of-a-kind opportunity that will bring much needed assistance and resources for disinvested communities left bereft from the pandemic.
For more than a century, Kern CCD has served as the primary entity for workforce development, transforming challenges into opportunities in this region. As the persistent drought and the state’s transition to renewable energy have impacted the oil and agriculture industries, Kern CCD has responded proactively to develop accessible, flexible programs. The district’s 21st Century Energy Center was established to provide important training in solar panel installation and industrial maintenance, which has helped Kern County become a global leader in solar and wind energy. Kern CCD also developed the state’s first-ever baccalaureate degree in Industrial Automation, which is training technicians to develop more efficient and sustainable assembly lines for agribusiness and other firms. In Eastern Kern and Inyo and Mono counties, the district is engaged with Mojave Air and Space Port, Edwards Air Force Base, Bishop Hospital, and other partners to develop training in cybersecurity and expand the nursing program at Cerro Coso Community College.
The twin goals of economic and workforce development identified in the CERF grant are not new initiatives for Kern CCD. It is part of the district’s mission to invest in local and regional projects that impact the Southern San Joaquin Valley. Recently, Kern CCD became the fiscal agent and host of the Central/Mother Lode Regional Consortium, a collaborative of 15 community colleges that serves over 107,000 students in career technical education programs with the Strong Workforce Program grant. Additionally, Kern CCD has partnered with the National Renewable Energy Laboratory to form the Valley Strong Energy Institute, a partnership of public and private entities dedicated to tackling regional energy challenges such as carbon dioxide removal, zero emission vehicle infrastructure, and community microgrids.
Kern CCD’s workforce development philosophy is buttressed by a clear understanding of whom it serves—the top 100% of the community. Kern CCD and its colleges are located in every community in our region that needs equitable access to training. With its understanding of the deeply entrenched poverty in our region’s rural areas, it worked swiftly to establish the nation’s first Early College program at McFarland High School, which provides high-demand career and technical education degrees to some of our most disadvantaged residents starting in the 9th grade. Early College is now integrated into every school in the Kern High School District, giving more than 42,000 students in the region an opportunity to obtain an associate degree before finishing their secondary education. Cerro Coso Community College is also partnered with the Tehachapi Unified School District to offer welding classes at Tehachapi High School.
As a longstanding partner of Kern CCD, we can attest to the fact that it is the only entity ready to take on the work of shifting the region’s economic landscape, which would improve resilience for Kern County’s most vulnerable populations. It has developed an impressive infrastructure that leverages trusted partnerships and relationships with key stakeholders to bring education and upward mobility to underrepresented and disinvested communities. I urge you to support Kern CCD as the regional lead for CERF.
Sincerely,
[SIGNATURE]
Community Economic Resilience Fund (CERF)
Born out of SB 162, CERF is a post-Covid economic recovery initiative aimed at creating sustainable, quality jobs in equitable ways across 13 California regions to help alleviate the effects of the pandemic. Initially, CERF’s Program funding of $600M was appropriated from the American Rescue Plan Act Coronavirus Fiscal Recovery Fund of 2021 until the 2022 budget revised the source of funds to the State General Fund in SB 115 (2022).
The Kern Community College District has decided to create an application to receive CERF funding. A number of partners across different sectors in the region have already solidified their support of KCCD’s application. KCDD recognizes that it is uniquely positioned to reach and assist the communities that are most in need of CERF’s resources and relief efforts. Because of KCCD’s long-standing commitment to the communities it serves, KCCD feels that this campaign will move Kern County into the future.
To ensure that all voices are heard, a multitude of voices must be brought to the table. Regions must create planning committees that thoroughly engage the region’s communities to inform the region on which sectors/industries will receive investments.
The grant is split into two funding rounds: (1) planning stage (up to $5M), (2) implementation stage (up to $35M). During the planning stage, planning tables composed of regional partners will create a regional plan through strategizing, hosting meetings, creating measurable criteria, developing a social infrastructure for inclusive planning, and other planning-related measures. The implementation stage, informed by stage 1, will see the implementation of the regional plan utilizing the appropriated funding.
CERF funding will maintain one vision in mind: “to build an equitable and sustainable economy across California’s diverse regions and foster long-term economic resilience in the overall transition to a carbon-neutral economy.”
CITY OF DELANO
STAFF REPORT
July 18, 2022
Agenda Item: 27
TO:
FROM:
Honorable Mayor and Members of the City Council
Maribel Reyna, City Manager
By: Sumeet Batth-Chavez, Recreation Manager
SUBJECT: Request from Delano Harvest Holidays Association for a sponsorship to utilize the Eleventh Avenue Community Center’s Dance Room Recommendation
Staff recommends to the City Council to discuss and provide direction.
Discussion
The City of Delano received a letter from Delano Harvest Holidays Association requesting a sponsorship for the use of the dance room at the Eleventh Avenue Community Center. The organization will utilize the room for practices held on Saturdays from July 9, 2022 to September 18, 2021 from 9am - 12pm.
Budget Impact
The rental cost of the dance room is $2,000. For fiscal year 2022/2023 a budget of $10,000 is available in the co-sponsorship line item 01-5307-105 within the General Fund.
Attachment:
Letter from Delano Harvest Holidays Association
June 15, 2022
Dear Maribel,
The Delano Harvest Holidays Association has been hosting long-cherished events that have become city traditions for the past 77 years. Last year, the Delano Harvest Holidays Association hosted its first-ever King and Queen show, where we were fortunate to award the participants over $5,000 in scholarships. We, as a committee, feel immense gratitude to city council members, donors, sponsors, and charitable community members for making last year’s program a success. We couldn’t have made this possible without your collective help.
A vital component in preparation for the show is the opportunity to meet and rehearse the routines and talent numbers in a space with mirrors. In preparation for our show on September 24th, we would like to request the use of the dance room located at the Delano Parks and Recreation Center on 11th street. If approved, these practices would be held on Saturday mornings between 9 am and 12 pm, from July 9th-September 17th. We would appreciate your help and consideration in helping us “Harvest the values we sew.” We look forward to seeing you at the next Harvest Holidays King and Queen show.
Sincerely,
Harvest Holiday Association Committee Member