MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
December 5, 2022
CALL TO ORDER
Mayor Osorio called the meeting to order at 5:30 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Mayor Osorio offered a moment of silence.
FLAG SALUTE
Mayor Pro Tem Vasquez led the flag salute.
ROLL CALL
Council members present: Bryan Osorio, Veronica Vasquez, Liz Morris Council members absent: Joe Alindajao, Salvador Solorio-Ruiz
OFFICIALS PRESENT
Deputy City Clerk Garcia, City Attorney Richman (via teleconference), City Engineer Dowling, Finance Director Rios, Human Resources Director Zamudio, Chief of Police Davis, Interim Community Development Director Monsibais, Transit Manager Alapisco and Economic Development Specialist Fernandez
PRESENTATIONS AND AWARDS
Finance Director Rios presented the Featured Business – Panaderia Alicia Finance Director Rios presented the Featured Pet – Cheri Mayor Osorio presented Acknowledgements
ITEMS FROM THE PUBLIC
1. Lupe Martinez congratulated the Mayor for his time and effort. Being so young and taking on the issues within the community is sure was not easy. He understands that they are not easy on councilmembers but believes it is necessary in order to hold people accountable to what they are feeling and to rely on the needs of the community. It is not the end but the beginning and now has the experience which will put him further ahead.
2. Maria Martinez thanked the mayor for his dedication these past years and sends her apologies for sometimes the act a bit unreasonable. We are here if you ever want to join us you are always welcome.
3. Suzanne Villaruz (Via teleconference) apologized for not being at the meeting but is currently quarantined with COVID. Congratulated Bryan on his 4 years of his 1st term in an elected office. Thanked him for his leadership during COVID and continuing the zoom meetings so people have access to participate from home. Mr. Morrison agrees with her statements as well. Thanked him again for being able to learn, mature, and grow with his position. She looks forward to seeing him in other positions.
4. Gloria Herrera thanked the mayor for his 4-year service. She wishes him well in all his future endeavors. She thanked his for all the good he did for the City of Delano.
5. Irma Redondo on behalf of the Delano Guardians thanked Bryan for she saw him many times around the community. She saw changes in the City. She is proud to know him and anytime she wanted to talk to him he was always willing to talk either one on one or in a group. He is a humble young man with a bright future. She invited him to join them at their meetings.
6. Pastor David Vivas thanked Mayor Osorio for meeting with him. About a year ago he discussed raising the reward for victims of crime and he had agreed to listen to him about that situation. Also thanked him for coming to his home the next day after Adam was shot and killed. He was not home but he showed up and left a note expressing his condolences. He shared that other council members also reached out to him during that time. Continued to share details about the first time they met. He is sure that during his 4 years with council he has gained a lot of experience. Especially working with the public.
You will always find people that will agree or disagree with you, that’s just part of the nature of the job. But it helps to understand people and to try and understand where they are coming from. Thanked him for the times he has met with him and explains the origin of ‘In God We Trust’. He understands that at times when he tried to meet with him he probably felt like he was going to the principal’s office. But thanked him for being cordial, kind and respectful.
7. Claribel Gutierrez (Via teleconference) on behalf of herself and the Harvest Holiday Association thanked the mayor for everything he has done in the past 4 years and making it a point to participate in most of the events that they throw. His presence was felt in many different things that were done in the community and she wanted to thank him. She wishes him well in all his new endeavors and may God bless him in anything that he sets his mind to. At times we agree to disagree and at the end of the day we appreciate everything he pushed forward to bless the City of Delano and wishes him nothing but the best.
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 $2,506,200.31
3) Minutes of regular Pension Committee meeting of February 23, 2021 4) Minutes of regular Pension Committee meeting of May 11, 2021 5) Minutes of regular Pension Committee meeting of August 10, 2021 6) Minutes of regular Pension Committee meeting of November 9, 2021 7) Minutes of regular Pension Committee meeting of February 8, 2022 8) Minutes of regular Pension Committee meeting of May 10, 2022 9) Minutes of regular Pension Committee meeting of August 9, 2022 10) Second and Final reading of an ordinance amending Title 2 Administration, Chapter 2.36.010 Planning Commission - Creation-Members; Subsection "A, B, C & D" (Alindajao) (Ordinance No. 2022-1340)
11) Second and Final reading of an ordinance regarding police department acquisition and use of military equipment; Approval of military equipment use policy as required by Assembly Bill 481 (Ordinance No. 2022-1341) 12) Cancellation of regular City Council meeting scheduled for January 2, 2023 13) Acceptance of $300 donation from The Wonderful Company, for Community and Crime Prevention Events
14) Request from Delano Chamber of Commerce for a sponsorship for the 2022 Christmas Parade & Fair
15) Award of 2022 7th & Vassar Curb & Gutter Project to MAC General Engineering, Inc., in the amount of $42,441.48, and authorize the City Manager or her designee to sign any documents needed to carry this project to completion (Agreement No. 2022-77)
16) Resolution approving the purchase of one (1) new/2023 Super Duty F-250 SRW (F2A) XL, 2WD Regular Cab, 8’ Box, 142” WB From National Auto Fleet Group in the amount of $44,540.73 and authorizing the City Manager, or her designee, to execute all required documents (Resolution No. 2022-62) (Agreement No. 2022- 78)
17) Ratification of the “2022 Lexington St. & Cecil Ave. Urgent Sewer Line Replacement” being performed by JM Pipeline Construction (General Engineering Contractor from Bakersfield CA), on a time and materials basis with a not to exceed budget of $200,000.00 and authorization for the City Manager, or her designee, to sign the contract and any other documents needed to carry this project to completion (Agreement No. 2022-79)
Motion was made by: Morris to approved items 1 – 9; 11 - 17 on consent; 2nd by: Vasquez
Vote: 3-0
Ayes: Osorio/Vasquez/Morris
Nays: None
Absent: Alindajao/Solorio-Ruiz
Abstentions: None
Item No. 10 pulled by: Lupe Martinez
Reason for being pulled: He is concerned that item ‘C’ on Exhibit 1 is not identical to the ordinance number ‘C’. He believes ‘C’ is saying about the conviction of certain disqualifying crimes is the background check and he was under the impression that it had been eliminated and we were only looking at council members appointing a person.
City Attorney Rachel Richman provided clarification. She stated that the direction that the council gave was not to have a background check. It would seem that subsection ‘C’ should be struck and subsection ‘D’ to be made section ‘C’. What the motion should indicated is that the correct language of the amendment is as reflected on page 1, section 2 of the ordinance and not what is reflected on Exhibit 1. It was a clerical mistake and was meant to be removed.
Motion made by: Vasquez to amend Exhibit 1 to reflect page 1 of the ordinance. 2nd by: Morris
Vote: 3-0
Ayes: Osorio/Vasquez/ Morris
Nays: None
Absent: Alindajao/ Solorio-Ruiz
Abstentions: None
PUBLIC HEARINGS
18) Approval of the issuance by the Housing Authority of the County of Kern (the “Housing Authority”) of up to $20,000,000 in tax-exempt bonds to finance the acquisition, rehabilitation, and conversion of the project known as Delano RAD to ownership by a tax credit partnership to be formed by the Housing Authority (Resolution No. 2022-63)
Staff Report provided by City Attorney Rachel Richman.
Mayor Osorio opened public comment.
Anthony Cortez wants clarification on how tenants will be relocated during the rehabilitation of the units.
Lupe Martinez has the same question. He also wants to know if those tenants that move out will be allowed to go back to their previous unit or will they have to reapply for a unit and go through the process again.
Stephen Pelz from the Housing Authority of the County of Kern stated that 3 months ago they started holding vacancies as they naturally occur. Tenants may have moved out because they bought a home, moved in with family or other reasons. Once those units become vacant, they hold them in anticipation of the rehab in April. All the moving tenants will make during the rehab phase will be on site. There is no permanent relocation. They will move into the vacant units during the rehab and them move back to their original unit.
Mayor Osorio asked if the $20,000,000 is only being requested from Delano or other agencies as well.
Stephen Pelz from the Housing Authority of the County of Kern answered in the affirmative.
Mayor Osorio asked to clarify that although it is 100% occupancy, those folks that will be asked to relocate will be housed.
Stephen Pelz from the Housing Authority of the County of Kern answered in the affirmative.
Motion to approve made by: Morris
2nd by: Vasquez
Vote: 3-0
Ayes: Osorio/Vasquez/ Morris
Nays: None
Absent: Alindajao/ Solorio-Ruiz
Abstentions: None
REGULAR AGENDA
19) Discussion and Direction on a Potential Rent Control Ordinance in the City of Delano (Mayor Osorio)
Staff report provided by City Attorney Rachel Richman.
Mayor Osorio shared that he would like the City of Delano to get started on this process and start exploring how we can go about making housing in Delano more affordable. Whether its lowincome housing or policies like rent control to assist in this process. He invites people from the public to give their input on what they think about this idea as well as those to share their support or to oppose.
Mayor Osorio opened public comment.
Shar Thompson from Tenants Together (via zoom) shared her support.
Susie Shannon from Housing and Human Rights (via zoom) shared her support.
Jose Orellana (via zoom) shared his support.
Gina Martinez shared her support.
Anahi with Loud for tomorrow shared her support.
Isabella Mayate shared her support.
Arturo Rodriguez with Central Valley Occupational shared his support.
Lupe Martinez with Delano Guardians shared his support.
Maria Martinez shared her support.
Maria Ceja shared her support.
Arturo Rodriguez with Central Valley Occupational shared his support.
Monike Reynozo (via zoom) shared her support.
Maria Martinez shared her support.
Mayor Osorio closed public comment.
Mayor Osorio clarified that this would not be eligible for all renters. It would only be certain apartments or multi-family units that would meet the eligibility requirements in order for them to fall under the rent control policy. Those mainly being muti-family units being constructed before 1995. As he has been trying to talk to people about the policy and gathering feedback, he has noticed folks grow impatient with the fact that its not more expansive. It does not apply to all the renters. Delano is 40% renter. We have seen rents increasing even more throughout the pandemic but also prior to the pandemic. He sees this policy to tackle housing affordability issues that many Delano residents face and folks across the central valley. As some of our speakers mentioned, this policy would be unique to the central valley. Its not something our communities have explored but would like to continue moving forward with these discussions. While he is introducing it, it will be up to his fellow council members to continue the dialogue on this item.
As mentioned, this is a multi-month maybe multi-year process to fully implement. What he hopes to get from today is drafting a framework of what we would like to see and then see how we can implement a program with appropriate funding. Some points to really address are the cost of implementing this, community outreach and getting feedback on what people’s opinions would be versus a civilization board or community office. Also identifying the types of rates that would be needed to charge to fund this program so that either option of a board or community development office could be stable enough to support rent control.
Council Member Morris thanked everyone for their comments today. She knows rent is hard, then again mortgages are high also. Not every landowner or property owner is wealthy. She knows many that aren’t even though they may be homeowners. She was going to have this item tabled because they have two council members missing. She does not feel right making a decision. She would like to get more information from the league of cities. She knows they have lobbyist’s that investigate and gather information for items such as this. She would like to check with them to see what works or what doesn’t work and what they have learned from rent control.
She knows it is not a quick solution and it is a lot to consider. There is no formula that exists to show whether people are getting a fair return on their property. She is not ready to move this forward without the other two council members.
Mayor Pro Tem Vasquez stated that even they don’t do an ordinance she wants to vote on something to move forward to start the process. In regard to creating an enforced rate control panel she does want something to be voted on today so that they have some type of accomplishment for those people that are here today so we are letting them know that we are hearing their voice and this is a serious matter. She has mentioned it many times and she knows folks get tired of hearing it but her full time job is a CPS Social Worker. She works with families that have children taken away. One of the most difficult things that they deal with is housing.
When children are taken away they ask if they will be getting the kids back if they don’t have housing. She deals a lot of times with landlords, she has had to call code enforcement and there are times where the clients don’t want her to call code enforcement because they know it is going to get red tagged and they know that’s all they have left to live in. There has been many times when it has to happen because it is not a safe environment for the child. Then those kids are then placed in foster care. She believes this is a human right and they need to vote on something today. To do a committee, to move forward, to get answers on how we can move forward with this and come up with a solution. If we just sit on it, her concern is we have annexed a whole property by the 40-acres and are in the process of looking into the next steps of that new development. She wants this to get on the ball rolling now so when that development happens, we already have a plan and we are not just in discussion mode. Discussion mode only gets so far.
That is something she wants to do and wants to talk to the Mayor on what has been done in regards to a panel and what does that look like. She asked the Mayor if he has seen something like that so that they can vote on it today and so they can get groups together and start that process to gather information so it can be brought back to council to be moved forward. She asked City Attorney Richman if they do have landlords on the council how will they partake in this process moving forward.
City Attorney Rachel Richman responded that there would be potential conflict that folks would not be able to participate if they owned a certain amount of property in the City.
Mayor Osorio wants to reflect the urgency that has been brought forward through the public comments pursuing a policy that shows some type of progress and commitment from our City council to explore what it looks like in the city. He directed his question to City Attorney Richman in regards to the City of Bell Gardens. They passed an ordinance but are now exploring how to fund the enforcement of this. He asked is she had more context to share.
City Attorney Richman shared that from the staff reports she reviewed it took about a 2-year process to do some outreach and figure out what they wanted and is not sure how much they are enforcing it at this point because they did not know how much it was going to cost them. They just hired that consultant with $60,000 to do an assessment based on how many units are subject to their ordinance and then how many staff would have to be hired to enforce the rent control.
They haven’t yet enforced the ordinance. They are currently studying the cost to do that. This is all based off their staff reports.
Mayor Osorio agrees that there should be more feedback from the community but in the meantime, he would like to propose to do two parts to a motion. One, would be a motion to draft an ordinance that reflects a rent control policy that limits it to 70% CPI or a 3% Cap per year. At the same time to make a motion to identify a consultant to determine what the cost implement would be. His reasoning behind this is that we can have this draft ordinance as a commitment from our leaders that we want to see how possible this would be to implement in Delano. At the same time he knows it will take time to identify a consultant. During this interim period he knows some folks will commit to educating the community about what this means for the City of Delano and hopefully find the eligible amount of apartments that would be impacted by this policy. He asked City Attorney Richman if that is something that is doable or are there any more obstacles to this.
City Attorney Richman responded that council is allowed to direct staff to bring items back for consideration. Its not a resolution it is just a motion so you can make a motion to bring something back. It is not an adoption of anything it is just directing us to come back with something. One motion could be about the ordinance and the other could be to hire a consultant.
But we have to bring that back for consideration. Do an RFP, have those consultants and have you consider who it is you want to hire. You can’t hire that person based on a motion this evening.
Motion made by: Osorio to bring back a draft ordinance the first meeting in February that reflects rent control policy limited to 70% CPI or 3% Cap per year whichever is higher. 2nd by: Vasquez
Vote: 2-1 (motion fails)
Ayes: Osorio/Vasquez
Nays: Morris
Absent: Alindajao/Solorio-Ruiz
Abstentions: None
Mayor Osorio asked City Attorney Richman if they need a 3-0 vote to pass with the current quorum.
City Attorney Richman responded that we are not adopting a resolution, not approving money, not adopting an ordinance its just a motion for direction. So the majority of the quorum at this point we have 3 of a quorum. The majority would be 2. That direction can be provided to staff.
Motion made by: Osorio to bring back a draft ordinance the first meeting in February that reflects rent control policy limited to 70% CPI or 3% Cap per year whichever is higher. 2nd by: Vasquez
Vote: 2-1 (motion passes based on current quorum)
Ayes: Osorio/Vasquez
Nays: Morris
Absent: Alindajao/Solorio-Ruiz
Abstentions: None
DEPARTMENTAL REPORTS
No items.
COUNCIL STATEMENTS AND REPORTS
Mayor Pro Tem Vasquez: Shared that staff is doing a great job with a lot of events. This Saturday they are doing Shop With A Cop and staff is planning a Senior Dance. She is seeking donations for raffles and gift baskets. Shared Transit will be having a ‘Ride-the-Bus’s light event. Thanked Bryan and everyone for coming in today and supporting Rent Control.
Council Member Morris: Wanted to invite everyone tomorrow to the Festival of Carols at Delano High School. Reminded everyone about the Christmas Parade on Thursday.
Mayor Osorio: Shared that he won’t be returning to the City Council. He will be attending one more meeting to rotate his position. Thanked City staff for helping him facilitate the meetings.
He volunteered at the Thanksgiving Luncheon about a week ago. Gave a shoutout to Tonys Firehouse Grill for allowing this event to continue for the past few years. Wants to give credit to the dozens of organizations that are trying to fundraise to make things happen for our seniors and our young people and just to provide more recreational activities to our community. Shop With A Cop is this Saturday. If folks would like to donate contact Detective Contreras or Corporal Nino.
Moved for Closed Session by: Morris
2nd by: Vasquez
Time: 7:11PM
Vote: 3-0
Ayes: Osorio/Vasquez/Morris
Nays: None
Absent: Alindajao/Solorio-Ruiz
Abstentions: None
The City Clerk was excused. City Engineer Dowling was appointed as Acting City Clerk. City Attorney Richman was present via zoom.
CLOSED SESSION
20) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code section 54956.8.
Property: 1019 Kensington St., Delano, CA 93215
APN: 038-360-04
Agency negotiator: City Manager, City Engineer and City Attorney Negotiating parties: Raj Grewal
Under negotiation: price and/or terms of payment
(Agreement No. 2022-79a)
Action: Authorize City Manager to negotiate the purchase of the subject property at the appraised value of $220,000 and execute any documents needed to complete the transaction.
Motion made by: Morris
2nd by: Osorio
Vote: 3-0
Ayes: Osorio/Vasquez/Morris
Nays: None
Absent: Alindajao/Solorio-Ruiz
Abstentions: None
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Council Member Morris, seconded by Osorio, and unanimously carried 3-0 to adjourn the meeting at 7:25p.m.
_____________________________________________
Nancy Garcia, Deputy City Clerk