MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
March 20, 2023
CALL TO ORDER
Mayor Alindajao called the meeting to order at 5:30 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Pastor David Vivas offered the invocation.
FLAG SALUTE
Mayor Alendajao led the flag salute.
ROLL CALL
Council members present: Joe Alindajao, Liz Morris, Mario Nunez, Jr., Veronica Vasquez Council members absent: Salvador Solorio-Ruiz
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Richman, (Via Teleconference) City Engineer Dowling, Finance Director Lara Rios, Human Resources Director Zamudio, Chief Davis, Interim Community Development Director Monsibais, Recreation Manager BatthChavez and Transit Manager Alapisco
PRESENTATIONS AND AWARDS
Mayor Alindajao presented the proclamation Declaring The Greater Delano and Surrounding Areas a Relay For Life Community to Glenda Muldrow
Mayor Alindajao presented the proclamation for April 2023 as DMV/Donate Life Month to Kathy Vochoska
Mayor Alindajao Recognized for the 2023 CIF Central Section Valley Division V Champions- Delano High School Boys Soccer Team.
Agenda item No. 3
ITEMS FROM THE PUBLIC
1. Miguel Valles and Jesus Andrade represent the Central Valley Soccer League in Delano that has been around since 1983. They are concerned on the conditions of the field at the complex located on Albany and would like to offer the city and the recreation assistance in repairing the field. They are open to collaborating in anything that is needed to make the field safer for the kids and the player.
2. Diego Pena said that he is a board member for the Delano Chambers and asked on the process and why it takes so long to get solar installation done. A concern is that even if the system is installed, clients do not get permissions to get the system on and must begin making payments before the system is powered because they have not received city’s permits. He hopes that the city may have a department to issue solar permits.
3. Jose Salvador Oriana spoke on rent control and was sadden that it was not going to be addressed. As an organizer and former renter, he is saddened because it is taking more steps and a lot more effort on the community side to have a voice and represent the community. He said that the financial crises and economy is tough on farmworkers, working families and the reason why they are organizing and campaigning for rent control for the City of Delano is to make sure that everyone has a safe home to go to and at the end of the day that is what they are here to do and not be working paycheck by paycheck to make ends meats, which is the current reality. He is also concern on the growing homelessness in Delano and rent control is a step forward to making sure that proactive decisions are being made. He hopes that the Mayor, City Manager, and all staff work together with residents and renters in representing their needs and best interests.
4. Saul Ayon represented City of McFarland and offered a heartfelt thank you. He stated that he has the privilege of serving McFarland and as the Mayor and he has established a working relationship with the City of Delano and Mayor Alindajao. He said that on March 11th the City of McFarland faced a significant challenge with the breach at Poso Creek which had also flooded his city 23 years ago. Most of the east side flooded and families were relocated from their homes that included his parents home. He said that he called Mayor Alindajao at seven in the morning requesting assistance, emergency services, and sandbags. He said that the City of Delano delivered in many ways and was there to thank the City Council and Police Personnel publicly. He said the McFarland residents appreciate their efforts. He also said that with the new established partnership with the City of Delano, McFarland has been and will be able to build a systems that benefits North Kern and their community. In addition to the alliance between the City Council, they work to build bridges with government, their local school boards, kern community colleges districts, and the Kern County Board of Supervisors. He said that one of the significant accomplishments that have been developed through the collaboration of the task force of the Mayor of Delano and Wasco to potentially share their LPR cameras and work together to combat crime. He also said that several months ago the Delano Police Department assisted the McFarland Police Department when they had a significant shortage of police vehicles by donated vehicles to McFarland. He said that that type of response is due to teamwork and would like to thank the City of Delano for being a great partner. He also commended the citizens of Delano for electing a governance team that puts the community first and willing to make a hard political choice when necessary. He also presented a Certificate of Appreciation to the City of Delano in recognition and appreciation for the generous gift.
5. Sarah Thompson is in support of the organizers and the citizens and feels that it is important to partner with other cities but also to partner with the citizens by giving them what they need and not be gentrified by pushing residents out because they can not afford to live in the city. She also stated that citizens can not afford to the high current rent and if the landlords are allowed to raise rents every year people will not afford it and all the good folks will leave.
6. Marie Perez Ruiz was there with community members, and they are disappointed that the agenda for the rent control was not going to be addressed. They want to make sure that the item is not forgotten and be brought back for discussion. She said that it takes three to vote it down. She also said that in today’s times the floods have impacted communities and they need Council to step up and be bold and courageous to make sure that families are safe and thrive and have a home. She said that they are dealing with a high level of displacement and disappointed that it was tabled.
7. Art Rodriguez said that they had found it courage’s when the council stepped up to explore the idea of rent control and would like to continue to request that they may be allowed to use the Senior Center for town hall meetings. He believes that community input is critical in making correct decisions.
8. Mr. Martinez asked that the rent control study be moved forward for Delano because people can not afford fourteen hundred dollars in rent. He said that he hears it and has family members who pay high rent, and they are increasing. Believes that it is up to the council to represent. Believes that it should be worked out between landlords and renters.
9. Gloria Herrera said that there is little housing and high rents and that she is bothered by people that have homes for rent abusing people that do not have a place to live by renting out a room for six hundred dollars plus deposit. She thinks that is abusive. She would also like to see additional housing for seniors.
10. Veronica Soto said that she wanted to speak on the landlord’s perspective. Would like for everyone to know that not all landlords are the same. She said she runs a great property in Delano and she is the first one to go to bat for her residents when it comes to rent increases and rent prices. She said that there two sides, and just as it is being asked to take into consideration the tenants of the community, she asks that landlords and the property owners are also considered. Take in mind the cost of expenses and upkeeping of a property. She said she would like to have conversations to get suggestions and listen to concerns, because it also has to do not only with the residents but also with the landlords.
She also would like to know what properties the study will be directed too.
11. Rosa Paniagua is in support of rent control/stabilization. She is concerned the item was once again tabled. She believes that it is a strategy and the community is here asking for a fair conversation and discussion to help the most marginalized and rent control is a piece of the puzzle. She says that the report came out on Friday and was not enough time to review. She also said that the study included cities that do not represent Delano and it the research should be held at a higher standard like high school students. She said she would also like let the public know that two of the council members are landlords and another two members ran with the platform of rent control.
12. Monserat is in support of rent control and that for a few it was a campaign promise for their platform giving people who voted for a hope that they would be their voice. She said that rent control does not punish landlords it protect the community who are renters.
13. Marivel spoke on rent control and is not surprised that once again the council has not been courageous enough to have a conversation around it. She said that her parents as well as family members have struggled for years with the increases of rent. She said they need protection from the economy. She also said that Brandy Apartments are around fourteen hundred dollars and unaffordable. She urges for community support and for courage to have a voice for them.
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 $2,530,467.21
3) Minutes of the regular city council meeting of March 6, 2023 4) Adopt a resolution of the City Council of the City of Delano declaring there are no unmet transit needs within the City of Delano (Resolution No. 2023-07) 5) Approval of agreement with Kern Valley State Prison (KVSP) to grant use of the former Delano Modified Community Correction Facility to conduct law enforcement training. (Agreement No. 2023-13)
6) Resolution of the City Council of the City of Delano authorizing City Manager/designee to enter into a purchase agreement with Dell Technologies for the Delano police department’s computer equipment. (Resolution No. 2023-08) Motion was made by: Morris to approved items 1 – 3, 5-6 on consent; 2nd by: Nunez
Vote: 4-0
Ayes: Alindajao/ Morris/Nunez/Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
Item No. 4 pulled by: Rosa Paniagua
Reason for being pulled: She wanted to hear how it was determined that there are no unmet needs because she has students that walk over an hour to school, practice, and work and that means there are a lot of transit needs.
Staff report was provided by Transit Manager Alapisco and shared that there was a Public Hearing held on March 16, 2023 requesting public comments and only received one that stated a bench was in need at 23rd and Princeton. She also shared that flyers were posted on the buses, City Hall and the Bakersfield Californian announcing the when and where the hearing would be held.
Motion made by: Nunez
2nd by: Morris
Ayes: Alindajao/ Morris/Nunez/Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
PUBLIC HEARINGS
7) Vote to adopt a resolution approving Tentative Tract Map No. 7348 (File No. TSM-2022- 002) to subdivide a 28.38-acre parcel into 94 single family residential lots (Resolution No. 2023-09)
Mayor Alindajao opened the public hearing.
Staff Report provided by Interim Community Development Director Monsibais Mayor Alindajao opened public comment.
Arnold Morrison asked if there will be a wall constructed alongside the property line of the school so that the backyards to these homes are not exposed from the football field to help with the noise as well.
Susan de la Cruz asked that if there is an ordinance for green space should be constructed with housing developments. She would like to see green space and for the homes to have pretty front yards.
Mayor Alindajao closed public comment.
Councilmember Morris stated that she did not have a comment but shared that housing is needed because for Delano it is matter of supply and demand and that is why rents are high. Hopes that when the supply and demand is meet it will put them in a better place. She is in support of the housing and embraces it.
Council Member Nunez asked on the number of entrances and the locations of the entrances of the development. He asked for clarification if there will be an entrance on Browning Road as well as on Garces.
Mayor Alindajo asked what a pocket park is.
Council Member Vasquez asked if there will be public bathrooms because it is a request that she has gotten from residents.
Interim Community Development Director Monsibais shared that there will be a masonry wall which is part of the conditions of approval that will be between the school and the development.
She also shared that part of the conditions is to develop the frontage of the developments and the there will be a pocket park in subdivision. She also shared that there will be two entrances that will be located on Garces and another on entrance on Browning. She also explained that a pocket park is small park developed to serve a specific tract map. She also explained that the there are no restrooms since the park is meant to be for the specific development, but it is a discretionary decision to request the development to add a restroom.
Motion was made by: Nunez
2nd by: Morris
Vote: 4-0
Ayes: Alindajao/ /Morris/Nunez/Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
REGULAR AGENDA
8) Confirmation of Mayor’s Appointment to Pension Committee Staff Report provided by Finance Director Lara Rios.
Mayor Alindajao opened public comment.
No public comments.
Mayor Alindajao closed public comment.
Mayor Alindajao opened dais comment.
Mayor Alindajao asked how long the candidates have been serving the Pension Committee.
Finance Director responded that since 2014 or 2015, two terms.
Motion made to appoint Abel Moreno and Carlton Lennon to serve the Pension Committee by: Nunez
2nd by: Morris
Vote: 4-0
Ayes: Alindajao/ /Morris/Nunez/Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
9) Discussion and Direction on City’s Flag Policy (Councilmember Nunez) Staff Report provided by City Attorney Richman
Mayor Alindajao opened public comment.
Ann McBride supports the repealing of the current flag ordinance and feels that flying any other flag excludes and separate other sub groups and the American flag and California flag are the only flags that should be flown because they include everyone.
Pastor Angelo Frazier shared that he feels that the American flag represents everyone and that each fold has a representation. He believes that only the American and the California flag should be flown.
Ralph Felix support the review of the flag policy so that when someone walks up to a government place they know and understand the rules of law and it is equal and apply to everyone and we should all aspire to be represented equally.
Pastor Anabel shared that the flag brings her childhood memories from school and how she learned to love the flag and taught that it represents liberty to all. She supports the review and believes that the American flag should be flown.
Susan Morris said that previous speakers spoke about the feeling the American flags gives them and she feels the same way and feels strongly about the symbol that it is, the freedom it gives, and the men and women have fought for it in wars. She was very proud of the flags that council approved previously because it was the stop of marginalization people and asks if the choices are from government or from religion. She supports that other flags be flown and it is only thirty days to show support.
Mr. Morris supports what Susan Morris stated previously. He also shared that he and Susan paid out of pocket for flags to be put up for Veterans Day and that the pride flag is a flag of inclusion not exclusion.
Yolanda Vega supports that the ordinance should remain the same because them it would be moving back instead of moving forward and if the White House can fly the flag, she does not understand why the city cannot do the same.
Hector Jimenez is in support of the additional flags being flown and would like council to take this opportunity to show support. He shared that he has experience name calling and the flag represents acceptance.
Monique Reynoso supports the continuous in flying the pride flag because it has not threatened anyone including her father that is also a Veteran.
Steve Kinsey supports on repealing the policy and that only the American flag and California flag should be flown on the pole. Believes that is the inclusive flag they need to have.
Mike Gutierrez he was hoping that it would not become a pride flag conversation and its about what is appropriate and was it is and it going to be up to City Council to decide what can be flown and not and that just depends on who is sitting and they are going to have different opinions.
Brian Osorio gave historical information on the approval to the thin red line flag and its controversy and the reason he voted to approve. He said that it should be kept in mind of what kind of message that they want to send in terms to the young people and older community residents who want make it more welcoming.
Pastor David Vivas supports that only governmental flags should be flown, and military flags are also appropriate.
Jose Horiana is in support of the current flag policy and states that those who support the current policy are not against the American flag and the reason that it is important to him is for inclusion and representation and support from the city.
Maria is in support of keeping the current policy because it shows support.
Armando supports the current flag policy and now feels safe in the community until the flying of the pride flag.
Marivel supports the current flag policy and feels like the conversations are being viewed as debate and refuses to believe that this community is hateful.
Biviana Camacho Supports the current policy and feels that the intentions of removing the pride flag is because of homophobia and hopes that the ordinance is not changed.
Erick Esmundo supports that only government flags should be flown in City Hall and everyone has a choice to fly any flag of their liking at their homes or belonging as he does with the Filipino flag and Israel flag.
Yolanda Chacon Serna supports that the current policy stays because it will make the young people feel safe which currently, they do not. Everyone has the right to believe what they like and should not be discriminated for it.
Lupe Martinez in support of the current flag policy to remain and believes that the conversation is not about the flag, but a certain group of people and man should learn to love them and everyone else.
Rosa Paniagua supports current flag policy and hopes that it continues to be allowed to fly both flags during the respective months of representation which is only thirty days. She also said that the pride flag is not divisive it is inclusive and feels that the reason the topic is up for discussion is because of homophobia.
Mayor Alindajao closed public comment.
Mayor Alindajao opened discussion for dais
Vasquez requested to hear from Councilmember Nunez as to why it was put on the agenda and his reason behind it prior to giving her input because that would limit her comments.
Mayor Alindajao shared that Councilmember Nunez requested to speak last and was granted and referred to the Roberts Rules of Order.
City Attorney Richman clarifies that it is discussion time for the Council, and she does not know if anyone has the right to say that he is the last comment and he can go last but other Councilmembers can ask to speak as well after his comment.
Councilmember Nunez states that it has nothing to do with what everyone is saying and making it an issue that is not and dividing themselves. He shares that the reason that he brought the item up once again is because he truly believes that the only flags that should be flown at City Hall, in Delano, should be the American flag, State of California flag, and the POW flag. He also added that if in the future the City of Delano wants to create a flag then that too should be flown at City Hall because that is flag that would be creating by the community and not a certain group. He clarified that he is not homophobic and he is far from it and has close relatives and friends that are gay. He states that he sees everyone as individuals and does not treat anyone different because of skin color, nationality, or race. He said that the American flag represent all and not specific groups or individuals. He said that it is wrong to badger people and it should not be happening because what matters is that we are all one. He read a passage out loud from “Gays Against Groomers” that reads:
“We in the city of Delano is a community with many different cultures and people, all of us are equal valued members of our community and our nation and none of us are to be treated differently or discriminated against.”
He shared that the reason that he shared the passage is because the flag represents them all. He shared that his parents are from Mexico, good family members from different countries and he didn’t choose that or look at that. He said he choice them as one person and found that the American flag represents them all. He states that choosing America should be first, us first and bringing up irrelevant issues to the flag needed to stop. He stated that we are all united as one and need to stop using different things to create division between them and they are creating heat among themselves and that should be happening.
Councilmember Vasquez said that in regards to the matter, she was one of the people who voted yes. In her profession as Social Worker that works with the youth guaranteed that a lot of youth that were happy about the flag, are going up go to people like her later, the Social Workers. She shared that the group has a high suicide rate because they don’t feel welcomed and with the comments heard, they are not going to feel welcomed. Many people she knows moved out of the community because they didn’t feel welcomed. She shared that when the flag was approved, she had family come from out of town for just a picture because they finally felt approved in their community and it was a big deal. She stated that for others it may not be a big deal and means nothing, but its is a big deal and saves peoples lives. She stated that an approach could of have been brought up differently and that there were talks about flags and closing comments and there should have been a discussion of a designated area before something is stripped. She said a solution should be brought up and be proactive and not go backwards. She also said that this represent a large community and not just him and that many of the flags that where mentioned do not have a high suicide rate and killing themselves and feeling denied from their families and that group does. She said that they are a large part of the community and if it is taken down it is going to be major disappointment because it wasn’t brought up with a solution.
Councilmember Morris thanked everyone for the comments and stated that it is a real eye opener. She also said that she is glad that it is brought up in a council meeting to share everyone’s point of view and begin to understand each other. She shared that there is no one that she does not like and love because that is how she was raised and that if she would know Jose she would love him too. She stated that she was one that also voted no to the flag issue because she truly believes that the American flag is the only one that should be flown and perhaps that has to do with her being a little bit old school and raised as a kid to say the Pledge of Allegiance and was so proud. She stated that whenever she sees the flag like in a football game and the National Anthem plays, she is so proud of being an American, of being a citizen of the United States and makes her angry that people walk around and do not respect the flag. She shared that she truly feels that the American flag represents everyone no matter the color, the gender, or whoever anyone is, everyone is one nation under God. She shared that the previous time that she voted against it, there was a lot of talk about her for voting against it and was said that she was racist. She stated that it is not true because she has many of her family and friends that are gay and wanted to come and show how many friends she has that she loves. She stated that perhaps when the Town Square is completed a flagpole should be installed to fly any flag and no one to feel left out. She also shared that because many people share who they are has changed her mind set and thinks differently from thirty years ago and understand what people go through. She hopes that they can progress and begin to truly understand one another and love one another.
Mayor Alindajao said that he thinks that first they need to figure out what the issue is in the whole debate of the flag ordinance and thinks that one key fundamental issue that should be asked is: “Does the government have the power to affirm a group to the extent that it can demarginalize a group?” Because that’s the issue, the power of the government. He stated that government is being asked to fly certain group flags. He stated that it was talked about what a flag creates and does the government have the power to affirm a group to the extent that is can demarginalize it and the answer is, no, it cannot. He stated that what is interesting about the debate is that many in the room have demonized the government and has been called unfair, evil, corrupt and that the same government is being asked to fly a certain group flag and asking it to do something for that group that government simply does not have the power to do. He stated it is unfair to accuse some of the councilmembers of being homophobic or hateful during the argument and that it was many of them, including himself that supported the close sponsorship of the LGBTQ the use of government facility not long ago. He asked what is the issue and does the government have the power to that? He responded that it does not because it does not have the power to give acceptance and inclusion, or demarginalize groups and that people do that. He said that people with their efforts and advocacy and their fights at different levels in the community and courts are the foot soldiers that actually does the demarginalization of these groups. He said the issue before them is if the flag ordinance is good public policy. He said that they are not there to make a call writher a certain group is good, bad, or even if a group is demarginalized or not, or to talk about sexual orientation or religion. He stated that the question that is before council is if the current flag policy is a good public policy and states that it is not because the government does not have the power to give and do all that he has heard in the comments given.
He said that going back to the lack of flag policy is the right thing to do, because it applies to every group. He states the American flag represents all and the California flag represents all Californians and thinks that that is good public policy. He stated that everyone shared experience including the council shared that they have family that have members all the different groups and does not believe that it is about targeting the LGBTQ community or any other community. He stated that he has spoken about it since the beginning and was also against the thin red line and the LGBTQ because it was not good public policy and that he made a comment and a promise to the community that he would vote against every single flag that came before the council, because it is not good public policy.
Mayor Alindajao invited a motion for the current state of the flag ordinance.
Councilmember Nunez motioned and directed staff to take back the flag ordinance 2021-024 to repeal it and amend it at the second meeting in April.
City Attorney Richman for clarification said that it is a resolution and not an ordinance and asked what the amendment would be.
Councilmember Nunez said that the amendment will be to fly the U.S. flag, California State flag, the MIA/POW flag, and in the future the City of Delano makes their own flag, then that flag should also be approved.
Motion made to amend resolution 2021-024 to fly the U.S.A Flag, California State Flag, MIA/POW Flag, and future City of Delano Flag by: Nunez
2nd by: Morris
Vote: 3-1
Ayes: Alindajao/ /Morris/Nunez
Nays: Vasquez
Absent: Solorio-Ruiz
Abstentions: None
10) Discussion and Direction on a Draft Rent Stabilization Ordinance of the City of Delano (Mayor Alindajao informed the item would be tabled due to lack of Quorum)
DEPARTMENTAL REPORTS
Recreational Manager Batth-Chavez provided an update on the Evacuation Center.
Chief Davis provided an update on the emergency assistance that the City of Delano provided to the surrounding cities due to flooding.
COUNCIL STATEMENTS AND REPORTS
Council Member Nunez: said that he would like to thank the staff, not only the Police Officer, but also the corporation yard and the City Manager for answering his phone call in the early morning as McFarland was being flooded. He stated that the City of Delano were able to stay vigilant 24 hours so that the city did not flood. He said that he was very grateful to whom ever did this before his time. To have the presence in mind to say they did not want to get flooded and to want to fix it so that it would not flood again, and it worked out. He thanked those who showed up to the Crab Fest at the church the other night and said Councilmember Vasquez was a big hit with a lot of people there and enjoyed her being there. He also said he attended a mosquito abatement meeting and announced that they are prepping for new stuff and if anyone needs mosquito spraying that it is available for free to all residents in McFarland, Delano, and Pond and if it is needed they will come out and spray for free. He shared that Glenda would be retiring from the Delano High School and that she was there when he was in High School and that it was nice to see her retire.
Council Member Morris: said that she did not have additional comments but did want to thank the staff for being vigilant during the rain. She said that she is sure that they are out there making sure nothing is over flooding and taking care of the needs of things that need to be taken care of. She also thanked the Chief for providing help to McFarland and for that they do.
Council Member Vasquez: thanked staff for the evacuation center and for responding to her texts. She said she tried to be mindful, but she knows that when emergencies happened, they have to reach out. She also stated that she is on KernCOG for the City of Delano and she has been randomly selected to be interviewed by the state next month. She also directed staff to add the Public Relations Positions that was taken off previously and she thinks that it is definitely needed to better communicate with the city. She also requested that the soccer fields be added to the agenda. She thanked Summet and Rosa for going out the past weekend regarding the bathrooms. She said the soccer league generates a lot of revenue for them and are out there many days out of the week and weekends bringing in hundreds of people and its been talked about a lot on providing services to the youth and adults and she wants to make sure that they have accommodations for them. She also wants to add to the agenda a designated area to put up certain flags. She said that she knows that there is going to be a lot of people disappointed on the vote and she would rather be solution based than letting it die there. She said she wants to move forward and have a designated area. She also thanked all the staff for all the hard work that they do.
Mayor Pro Tem Solorio-Ruiz: Absent
Mayor Alindajao: said that he really appreciated the Mayor from McFarland, Saul Ayon, coming in. He shared that Councilmember Nunez and himself went early on a Saturday and that a lot of things went well for McFarland in terms of the natural conditions of the overflow that was seen running towards McFarland. He stated that there were several breaks in the creek that reduced the volume of water that headed to McFarland, so that was a break for the City of McFarland.
He also stated that the presence in mind to plan ahead was a big help this time. He shared that he remembers that in 1998 they were really impacted severely with the flood. He said he was happy to say that Delano is not an isolationist and they are here to help the neighboring cities. He thanked the Chief and the Police Department for providing patrol vehicles assistance in getting the word out of the evacuation in McFarland and that the city staff and City Manager have been working overtime on the rain issues and thanked them for that.
CLOSED SESSION
No items.
ADJOURNMENT
Moved by Council Member Nunez, seconded by Vasquez and unanimously carried 4-0 to adjourn the meeting at 8: 12 p.m.
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Diana Garcia, City Clerk