MINUTES
CITY OF DELANO
CITY COUNCIL – Special MEETING
April 3, 2023
CALL TO ORDER
Mayor Pro Tem Solorio-Ruiz 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
Councilmember Vasquez flag salute.
ROLL CALL
Council members present: Mayor Pro Tem Salvador Solorio-Ruiz, Liz Morris, Mario Nunez, Jr., Veronica Vasquez
Council members absent: Joe Alindajao
OFFICIALS PRESENT
City Clerk Garcia, City Attorney Richman, City Engineer Dowling, Finance Director Lara Rios, Human Resources Director Zamudio, Chief Davis, and Transit Manager Alapisco
PRESENTATIONS AND AWARDS
No items
ITEMS FROM THE PUBLIC
1. Robert Louis- Questioned the use of the recreation buildings and it is not being rented. He also mentioned that he is asked by the public on the volleyball team in Delano. He is having to rent out the McFarland Rec.
Councilmember Vasquez requested speakers contact information
2. Mathew Cohren from Adventist Health presented Dr. Jimmy Winn who will be serving as the new director for the Emergency Department.
3. Dr. Jimmy Winn presented himself as the new director of the Adventist Emergency Department and informed the community of their services.
4. Emily Dunn presented herself as the Assistant of Dr. Jimmy Winn.
5. Susan de la Ruse would like the cell tower to not look like trees and asked that surveyors be licensed.
Agenda item No. 3
6. Steve Kensey invited the community to the annual Easter Egg Hunt hosted by the Delano Kiwanis Club.
7. Pastor David Vivas invited the community to the Good Friday Service.
8. Claribel Gutierrez announced to the community that the food distribution takes place on the second Tuesday of the month from 2-5 PM.
9. Anita Lopez invited the community to Bingo Night at the Senior Center every other Friday. Also asked for donations for bingo prizes.
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 $2,628,684.07
3) Minutes of the regular city council meeting of March 20, 2023 4) Approve Resolution and Adopt the 2023 Delano Area Rapid Transit Zero-Emission Vehicle Fleet Transition Plan.
5) Acceptance of the “2022 Transit Rehab Internet Upgrade Project” and authorizing the filing of the Notice of Completion.
6) Acceptance of the “Emergency 911 Antenna Tower Replacement Project” and authorizing the filing of the Notice of Completion.
7) Approval of Contract with AdEdge Water Technologies for filter media replacement for the BIOTTTA® facility at Well No. 35 at a cost of $96,231.10 and authorization for the City Manager, or her designee, to sign this and any other documents needed to carry this project to completion.
8) Ratification of the “2023 Emergency Sewer Replacement at Main-Jefferson 10th-11th alley” 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 $350,000.00 and authorization for the City Manager, or her designee, to sign the contract and any other documents needed to carry this project to completion. 9) Approval of Amendment No. 8 to Carollo Agreement 2014-32, to provide recommissioning technical services for the BIOTTTA® Facility at Well No. 35 at a cost of $114,000.00 and authorization for the City Manager, or her designee, to sign this and any other documents needed to carry this project to completion. 10) Award of the “2023 Electric Vehicle Charging Stations Project” to Sebastian for $131,000.00 and authorization for the City Manager, or her designee, to sign the contract and any other documents needed to carry this project to completion.
11) Approval of Right of Way Dedication Agreement with the Calvary Baptist Church, for the Browning Rd. frontage of 2424 9th Ave., south of 9th Avenue, and recordation of the Certificate of Acceptance and of the Irrevocable Offer of Dedication and authorization for the City Manager to execute these and any other documents needed.
Motion was made by: Morris to approved items 1 – 9, & 11 on consent; 2nd by: Nunez
Vote: 4-0
Ayes: Solorio-Ruiz/ Morris/Nunez/Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
Item 10 pulled by: Roberto Ibarra
Reason for being pulled: Asked if the system has a safety mode so that it will not overcharge and if the city will be able to provide electricity to the chargers because it is expensive equipment. Also asked if the city had an idea what the batteries cost and how many electric vehicles are in the city.
Staff report given by City Engineer Dowling
Guadalupe Martinez asked if the city is seeking funding.
Roger Santos is concerned about vandalism and if cameras will be installed to prevent crime.
City Engineer Dowling responded that availability is the same as every single resident in the community. He also clarified that the proposal does not include pricing of vehicles and the chargers will provide charge power to any type of vehicle. He also said that he does not know how many electric vehicles are in the city and the funding for the project is from California Energy Commission (CEC) and transit funding.
Mayor Pro Tem Solorio-Ruiz closed public comment
Motioned made by: Morris
Second by: Vasquez
Ayes: Nunez/Vasquez/Morris/Solorio-Ruiz
Nays: None
Absent: Alindajao
Abstentions: None
PUBLIC HEARINGS
No items
REGULAR AGENDA
12) Approval of the co-sponsorship to host the Kiwanis Club of Delano’s “International Taco Night” event in the total amount of $1,150 for the usage of the Jefferson Center on May 6 Staff report given by City Engineer Dowling
Mayor Pro Tem opened public comment
Steve Kensey reported on the event and said that money that is raised goes back to the community.
Clarabel Gutirrez added that Kiwanis Club also hosted Christmas food baskets.
Mr. Morris supports co-sponsorship
Susan supports co-sponsorship
Pastor Vivas supports sponsership
Mayor Pro Tem closed public comment
Councilmember Nunez supports co-sponsorship.
Councilmember Morris supports co-sponsorship.
Mayor Pro Tem supports co-sponsorship.
Motion was made by: Nunez
2nd by: Morris
Vote: 4-0
Ayes: Solorio-Ruiz/ Morris/Nunez/Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
13) Discussion and Direction on a Draft Rent Stabilization Ordinance of the City of Delano Coucilmember Nunez excused himself from dais at 6:06 PM Staff Report given by City Attorney Richman.
Councilmember Vasquez presented power point in addition to staff report Open Public Comment
Humberto Ortiz supports the Rent Stabilization Ordinance said that it has been difficult for him to provide adequate housing for his family because of his low wages.
Yolanda Vega supports Rent Stabilization, said that many other apartment with higher rents have additional amenities that other apartment that charge the same with no amenities.
Robert Louis supports Rent Stabilization Ordinance said that his neighbors moved out and his daughter wanted to rent the vacant home and the rent amount was 1900 instead of 1400.
Rosalie Paniagua supports the Rent Stabilization Ordinance and presented a signed petition from the community to the city and shared some comments from the petition.
Roberto Paniagua supports Rent Stabilization Ordinance and concerned that owners will raise rents before an ordinance can be passed and concerned that the ordinance will not be passed just like in Los Angeles and the owners did not lower the rent back to original amounts.
Oralia Perez supports Rent Stabilization Ordinance says she pays 1,000 with water and does not have employment and only receives Social Security. Her rent has been raised from 900 to 1000 in 2 years.
Xochilt Rodriguez said she did not want to be 27 and live with her mom.
Marie Perez supports Rent Stabilization Ordinance ask that they be bold and courageous.
Monse Romer also does not want to be 25 and live with her mom.
Gladys Flores supports rent control and said that landlords are taking advantage of the indigenous people.
Arturo Rodriguez supports rent control and said that Solorio used rent control as a platform to get votes.
Jorge Zamora supports rent control. He has been living in the apartment that has no working restroom and the restroom is outside.
Roger Sanchez support rent stabilization and asked what is being done to bring in affordable housing to the community.
Kimberlin Sandoval supports rent stabilization and said that her rent in Bakersfield and her rent is less than her mothers in Delano.
Maria Martinez said that the 3 used rent control as a platform and that there are homes with up to 5 families living in one home.
Marcos Rodriguez said that he is a landlord and not in support of rent control and said that not all landlords are bad and would like that the best is done for Delano.
Guadalupe Martinez supports rent control and said the biggest community complaint is the rise of rent.
Adrian Rodriguez said landlords have many expenses and like liability insurance and that he owns a home in which he has not raised the rent on and he also has college expenses for his kids and there are many programs that assist renters.
Susan Villaruz said that rent stabilization did not fix homelessness in other cities and that rent control will not roll back rent prices. Said that it should be reconsidered.
Jose Oriana supports rent control and said that her mom owns a business outside of Delano because she could not afford rent.
Steven Kensey said that he is a property manager and said that in the 80’s rent control was a discussion in Delano and believes that additional input is needed before a decision is made.
Gina Martinez said that it is difficult to buy a home for everyone not just farm workers.
Gloria Herrera said something needs to be done and town meetings should be done to educate the community.
Bryan Osorio commended city staff for drafting the ordinance and supports rent control and believes it is a tool to tackle the housing prices.
Maria Ceja said that not all landlord are bad but there are many homes being rented and sold with mold and if people are going to be paying high rent then someone should be checking that.
Sharrah Thompson supports rent control and said that Delano is being compared to larger cities that are not comparable to Delano.
Rudy Flores said that the administration cost will be paid by fees charged only to landlords and landlords will be registered as business owners.
Biviana Camacho is upset of the push back from the Council and said that one of Morris and Solorio platform was rent control.
Sandra Plasencia Kern County organizer and an issue that is constantly seen is habitable issues with mold in home and plumbing issues and support rent stabilization Monik Reynoso supports rent stabilization and asked council to vote yes.
Anita Lopez shared a saying “The rich get richer and the poor get poorer and the working class pays for it all.”
Ronald G. VandenBerge- Via-email, Does not support rent control and believes that with additional rent control Delano could end up with trashed apartments as it is what happened in Hayward. He states that California already has rent control and it has not worked as intended. He also stated that investors like himself provide affordable rentals for a community and may no longer determine it is economical to do so.
Arturo Rodriguez via email-Supports rent control. He stated with that rent control, tenants can make ends meet and have money to spend in the community and support local businesses. He states that rent is impacting renters and rent control is one of the fastest way the city can take action to prevent homelessness and the pricing out of long time residents.
Mayor Pro Tem closed public comment
Councilmember Morris thanked everyone for their comments and said that she understands that rents are high but that the cost is high for everyone, for both renters and landlords. She said that there is a misconception that landlords are wealthy but many still have to pay mortgages. She also questioned the magic number is that landlords will get a fare return on their investment now that they are having to pay more for insurance, maintenance and repair. She also stated that many of them did not get the rent paid during Covid. She said high rent is a problem everywhere not only in Delano and there is no comparisons in Kern County or Tulare County with rent ordinance. She said that they should dig deeper into the matter and said that there is new development coming to Delano of about 1,000 homes that is going to help with the supply and demand and mor affordable housing will be available in about 2 years. She also stated that rent control will not come easy to Delano, and it has a cost and additional staffing cost, legal fees, counseling fees, and fee study will be necessary to be paid. She stated that cities like Bell Gardens have been working on s rent stabilization for the past 2 years and have not been able to get to it. She said she would like to see other cities that compare to Delano and why other cities do not have rent control.
She also clarified that rent control was not the platform that she used when running for Council.
Mayor Pro Tem Solorio-Ruiz said he had questions for Councilmember Vasquez and addressed that because of an illness, he was unable to attend the previous council meeting and for that reason the item had to be tabled. He also clarified that it is not true that that he campaigned with that idea but to take on the housing crises and said that it only came forward because Mayor Osorio brought it forward and it was not heard of before that. He then asked Councilmember Vasquez if she meet with staff previously to execute details on logistics, enforcement, and implementation of the policy.
Councilmember Vasquez responded that she had not meet because the policy states that there will be meeting to receive comments and items need to come forward for council to vote on because she can not do that alone and that is the reason she took her approach.
Mayor Pro Tem Solorio-Ruiz clarified with Councilmember Vasquez that she had not meet with staff on the policy.
Councilmember Vasquez responded that per last meeting she is unable to do that and that it needs to go to Council to be voted on and this will also be part of her comments.
Mayor Pro Tem Solorio said that the reason that he brought it up is because when he has an idea, he will have conversate with staff for input before hand and that it is absolutely ok to do so.
Councilmember Vasquez responded that it is different for her because she has to go through barriers and has to have a different approach to get things done. She said that most of the time she is told that items need to go to council and take a vote. She affirmed that what he said if true for him but that it is not been true for her and that is why she takes that approach. She said that it is easy for him because he has more benefits than she does.
Mayor Pro Tem Solorio-Ruiz asked Councilmember Vasquez how a city this size would implement the ordinance due to the fact that there is no roadmap.
Councilmember Vasquez responded that the response is part of her comments.
Mayor Pro Tem Solorio-Ruiz aske Councilmember Vasquez is she had statistical data on why the current rent control the state has was not sufficient.
Councilmember Vasquez responded that the answer was part of her comments.
Mayor Pro Tem Solorio-Ruiz asked what is the main issue that they are trying to solve.
Councilmember Vasquez stated that the answer was part of her comments.
Mayor Pro Tem Solorio-Ruiz asked the attorney how many rental units would be impacted by the policy.
City Attorney Richman responded that she did not know.
Mayor Pro Tem Solorio – Ruiz asked the city attorney if she knew how many employees will be needed to implement the policy.
City Attorney Richman responded that she did not, not until an analysis is done.
Mayor Pro Tem Solorio-Ruiz asked the City Attorney if there are any cities in the Central Valley that have implemented rent control that can be utilized as a roadmap.
City Attorney Richman said not she has found.
Mayor Solorio-Ruiz thanked everyone that passionately spoke and said that he agrees in creating an affordable housing city is worth discussing regardless of which side anyone is and that there are pointers that he wanted to address. He said that he is a strong believer in good governing, meaning figuring out logistics when bringing forward a policy. He said that it is important to communicate with staff to discuss the workload and the impact the future policy would have on the city and that it has not been done. He said that it is like buying a home. Someone would not buy a home without knowing the monthly payment, interest rate, or if the property could be maintained and currently, he cannot see the city being able to manage a policy like this. He said the policy has holes and that included that Councilmember Vasquez in that she should meet with staff to figure logistics first. He said that his second point is that he agrees with the idea of rent control, and he is aware and glad that there is a policy through the state level and perhaps a solution would be to educate the community on the current state rent control law. He said that they would be playing a powerful role in connecting residents to protections that exist and with entities that can help them. He said that mailers can be sent out and be added to the city website. He said that he believes that the real issue is not being solved, which he believes is how Delano can be a more affordable place to live and most importantly, how can affordable housing be built in Delano. He added that he would like to know that when discussing housing policies, folks without housing are also being centered. He shared that he too has been on a waiting list for housing and not be called. He said that the problem is supply and demand as well because there are fewer units available, and the list becomes longer and harder for people to find a place to live. He shared there are various surveys of economists and one done by IMG showed that only 2% thought that rent control in places like New York and San Francisco were having a positive impact on affordable housing. He said this policy should not have to be the end all be all to address the housing crises. He said that since being elected in 2020, he believes that they have been addressing affordable housing issues by approving housing projects in Delano. To conclude his comments, he said that he wanted to make sure folks understood that he does want to help and thinks that everyone does. He said that when they get together, they can move mountains and address serious issues based in the community. He said that he does not see the policy being feasible for the community, not without prioritizing affordable low-income housing supply first. He said this lead him to some solutions:
Open discussion in a future agenda on how to address the issue of affordability and supply of housing in Delano. He said he could meet with city staff and other surrounding communities to have a variety of ways to address the issue. He also said that those that are in support of the item in addition to the council women Vasquez, should meet with city staff to figure out logistics or see how well Bell Gardens or other cities do until they get a roadmap. He said they can advocate to the state level were there is current rent control and reach out to the State Senator, State Assembly Women and find out if resources can be given to the community to implement a policy or amend the current rent policy. He said they can commit to build more affordable housing and with more housing comes low competitive prices and it is a supply and demand solution. He said the community could be educated on the current state rent control policy that is currently in place. He said tax incentives can be offered to boost affordable housing developers. He said property tax abatements which directly reduces the amount of taxes owed for a specific period and can be offered as an incentive. He said parking requirements can be reduced which will help developers in lowering the cost and a potential of freeing up land for additional units. Lastly, he shared that he attended the annual Specific Well Conference that brings together City Councilmembers and County Supervisors from all across the California to discuss issues. He said an issue that was discussed was housing and learned that there is an organization and specific technology that is committed to solutions that increase the supply and lower the cost of housing in way that align with equity and environmental goals. He said they expand access to homes and community to support racial, social, and economic conclusion and drive innovation in housing policy and practices. He said that the organization is “Turner Housing Innovation Labs.” He said that he reached out the director to see if Delano would benefit from their services. He said city staff and himself will be in contact with Turner Housing to get a future presentation at a future council meeting. He said that he is confident that when they come together and not disrespectful to each other, they lead with love and compassion for the community to improve and make long lasting changes in Delano and hoped that he is joined.
Councilmember Vasquez placed an Cesar Chavez tumbler in front of her and said that she brought the cup intentionally because everyone likes to praise the movement and talk about it, but at the end of the day, she is pretty sure the movement did not have a road map and they where the ones on the fore front that made that road map. That is why she brought it to council now and said that they are done with talking to people from here and there. She said that they are going to build the roadmap. She said that all the stuff that is being asked for and asked, why do they have to wait for other people. She said everyone talks about the uniqueness of the city and community and that they should start with that uniqueness. She said to let them be the pioneers in taking care of it for a community their size and for their constituents.
She said that they do not have all the answers, but it does say that a study needs to be done. She asked why the study cannot be done now. She said that in the study it talks about meeting with staff, the community, and the landlords and why as they continue to put it on hold and talk about solutions that are not going to be in place for years to come. She asked what is so hard with giving the community what they deserve, a study to give the answers, a study to be the pioneers for the Central Valley, a study so that they can work off of it. She also asked why do they need to depend on other people and responded that they don’t. She said that they can depend on the community and themselves and that is what the room is filled with. She said that they are not waiting for people to be their savior and they want to take care of themselves and they want to be on the fore front. She said that no one in the audience said they wanted to wait, they said that they are here now and ready to be a part of the solution and that is what she is talking about. Being part of the solution, and asked why is it wrong in doing a study and investing in the community. She said that that is what she does not understand and why be so resistant if the study is going to give everyone a perspective and that includes tenants and landlords. She asked if that is what is being asked for today, for everyone to be brought to the table and that is what she is asking her colleagues and why they are hesitant if that is what they had just said themselves. She said that she wants everyone at the table and that is what she is asking for. She said that she does not need to be behind doors to talk about it, but that she wants to be with everybody and talking about it, because that is what it’s about, everybody. She said that one the things that she does for her job is that they bring everybody to the table, and there are times were staff does not have the solution but the clients and their support group that have the solution and that is the benefit of having everyone at the table all at once. She said that she is tired of waiting and wants to do something today and have an action plan to move forward and work on something and cannot understand why her colleagues cant get on board with getting the committee together to complete the study. She asked if they didn’t think that the money was not worth being invested and that is what is going to motion for.
Motion by: Councilmember Vasquez for a study to be performed by the city in order to determine the cost in administrating, implementing, and enforcing the new program and to establish a rental registration fee. The study will be considered at a future city council meeting.
Mayor Pro Tem Solorio-Ruiz asked the City Attorney how much a study would cost and if there would be a bid process. He asked how it would work.
City Attorney clarified that since the staff does not have the expertise, is she being directed to request for proposals for consultants that have the expertise.
Councilmember Vasquez responded yes.
Mayor Pro-Tem asked how it would work
City Attorney Richman said she did not know and that she would have to find consultants that can do that.
City Attorney Richman clarified that if the motion is to return with an RFP, that the council approves and that it is sent out to the public.
Councilmember Vasquez said yes, that it was on everything she read that was provided in the staff report provided by City Attorney Richman.
Councilmember Morris asked City Attorney Richman if that is what it is was going to say.
City Attorney Richman said that it is what is going to be asked for but cannot predict what it is going to say, but that it is what is going to be what is asked for.
Mayor Pro-Tem Solorio-Ruiz asked the Coucilmember Vasquez if she could list the details of what the study will give so that they can have a better understanding.
City Attorney Richman responded that she believed that she is looking at her staff report that has suggestions that a fee study would be required and in addition to she believes that the number of units would have to be determined because it is related to the fee. So, when it comes back it would be for direction to issue the RFP and then the staff returns with proposal for a contract to be awarded.
Councilmember Vasquez responded yes to City Attorney Richman.
Mayor Pro Tem asked Councilmember Vasquez to repeat motion Councilmember Vasquez repeated motion.
City Attorney clarified that more specifically the city is not performing the study, that it is being asked to request that Request for Proposals to be brought to the Council for Consideration. If the Council likes it, then it is sent out to the public and see what responses are received.
Councilmember Vasquez responses yes to the clarification of the City Attorney Richman Motion made by: by: Vasquez
2nd by: Solorio-Ruiz
Vote: 3-0
Ayes: Morris/ Vasquez/Solorio-Ruiz
Nays: None
Absent: Alindajao
Abstentions: Nunez
DEPARTMENTAL REPORTS
No items
Motion for 5 minute recess
Motion by: Mayor Pro Tem Solorio Ruiz
2nd By: Morris
Back to session at 8:07 PM
Roll Call:
Council members present: Mayor Pro Tem Salvador Solorio-Ruiz, Liz Morris, Mario Nunez, Jr., Veronica Vasquez
Council members absent: Joe Alindajao
COUNCIL STATEMENTS AND REPORTS
Council Member Nunez: He said that he was reminded by recreation that they are open for spring break and changed some hours and it is open from 10:00 am to 7:00 pm and will be closed Friday, Saturday, and Sunday the coming up weekend. Said he was out there and he had a good time.
Council Member Morris: She reminded everyone to participate at Easter Egg Hunt and to get the word out to all the kiddos and that they are getting real eggs.
Council Member Vasquez: she thanked Soroptimist for inviting her to speak to a group of 6th grade girls. She said that she was quite impressed on their goals. She said that she was happy and pleased to be a part of that and they will be having a mixer and once she has the information she will let everyone know.
Mayor Pro Tem Solorio-Ruiz: said that he is having conversation with city staff and City Manager to see if it is feasible to bring back the Gun Buy Back Program with hopes that they get more guns of the street and looking at different solutions and ordinances from other cities. He also invited the community to the Cesar Chavez Day of Remembrance April 23 and 5:30 pm in front of City Hall. He also shared that there will be a Block Party event hosted by PD on the information is posted on the Delano Police Department Facebook page.
Mayor Alindajao: Absent
Moved for Closed Session by: Morris
2nd by: Vasquez
Time: 8:11 PM
Vote: 4-0
Ayes: Solorio-Ruiz/Morris/Nunez/Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
The City Clerk was excused. City Attorney Richman was appointed as Acting City Clerk. City Engineer Dowling and City Attorney Richman were present. City Manager Reyna was not present for close session item No. 14.
CLOSED SESSION
14) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code section 54956.8.
Property: Benner Rd. and Garces Hwy.
APN: 520-170-02 thru 07 & 520-170-14
Agency negotiator: City Manager, City Engineer, and City Attorney Negotiating parties: MC Land Company
Under negotiation: introduction/discussion
Action: No reportable action.
ADJOURNMENT
Moved by Council Member Solorio-Ruiz seconded by Councilmember Morris and unanimously carried 4-0 to adjourn the meeting at 8:36p.m.
_____________________________________________
Diana Garcia, City Clerk