MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
June 5, 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
David Vivas offered the invocation.
FLAG SALUTE
Council Member Vasquez led flag salute.
ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Mario Nunez, Jr., Veronica Vasquez
Council members absent: Liz Morris
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Richman, Finance Director Lara Rios, City Engineer Dowling, Interim Community Development Director Monsibais, Human Resources Director Zamudio, Chief Davis
PRESENTATIONS AND AWARDS
No items
ITEMS FROM THE PUBLIC
1. Pastor David Vivas commented on shooting incident that occurred in May. He said that he is thankful for the Police Officers and knows they are doing the best they can with the limited resources. He said that he is aware the case is being taken care of by the Kern County Sheriff Department, but the victim is still a Delano resident. He asked if there was anyone with information that would help the case or any other murders, to please speak up.
2. Gina Martinez asked if Garden Pathways is assisting the victim’s family.
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 $2,117,955.82
3) Minutes of the regular City Council meeting of May 15, 2023 4) Minutes of the regular Planning Commission meeting of March 8, 2023 5) Minutes of the regular Planning Commission meeting of April 12, 2023 6) Minutes of the special Pension Committee meeting of February 28, 2023 7) Resolution authorizing staff to apply for TDA Funds for Public Transit for FY 2022-2023. (Resolution No. 2023-19)
8) Approval of the Municipal Solid Waste Franchise Agreement with South TulareRichgrove Refuse Inc.; (2) Find that the Franchise Agreement is exempt from CEQA requirements under CEQA Guidelines Sections 15301 and 15061(b)(3); and Approval of Purchase Agreement for Sale of Used Refuse Equipment with South Tulare-Richgrove Refuse Inc.
(Resolution No. 2023-20) (Agreement No. 2023-22) (Agreement No. 2023-23) 9) Acceptance and Approval of the City of Delano Quarterly Investment Report for the period ending March 31, 2023.
10) Authorization for the City Engineer to execute an easement granting Southern California Edison the ability to install their electrical equipment on City right of way for the benefit of the Octagon/AT&T Tower at 1023 Mettler Lane. 11) Award of contract for the “2023 Corporation Yard Parking Lot and Access Control Improvement Project” to Cen-Cal Construction in the amount of $437,300.00 and authorize the City Manager, or her designee, to sign the construction contract and any other documents needed to carry out the project. 12) Award of the “2023 Randolph-Lexington Sewer Interceptor Project” being performed by JM Pipeline Construction (General Engineering Contractor from Bakersfield CA) for $2,090,595.00 and authorization for the City Manager, or her designee, to sign the contract and any other documents needed to carry this project to completion.
13) Approval of payment of Southern California Edison invoice for $100,000.00 for design of the undergrounding of the overhead power lines in the KensingtonJefferson alley south of City Hall in conjunction with the City Hall Campus Improvements Project and authorization for the City Manager or her designee to sign any documents needed to carry that project to completion. 14) Approval of Lease Agreement between the City of Delano and Mr. Hanzel J.
Agbayani for Hangar P-3 at the Delano Municipal Airport. (Agreement No. 2023-24)
15) Resolution authorizing the filing of an application for the Regional Surface Transportation Program (RSTP) funding and committing the necessary local match and stating the assurance to complete the proposed projects. (Resolution No. 2023-21)
16) Adoption of Resolutions Initiating Annual Assessment Proceedings, Intention to Levy Assessments, and Scheduling of a Public Hearing for the Landscape Maintenance Districts within the City of Delano and to Authorize the County of Kern to Make Collection of the same. (Resolution No. 2023-22) 17) Award of the “2023 Patton St. & 21st Ave. Concrete Project” to Tierra Construction in the amount of $49,400.00 to install sidewalk gaps and authorization for the City Manager or her designee to sign any documents needed to carry this project to completion.
Item No. 8 pulled by: Yolanda Vega
Reason for pulling: Yolanda Vega asked if there was a bidding process and if there were other options available.
Staff report by City Engineer Dowling.
Mayor Alindajao closed public comments.
City Engineer Dowling clarified that he could answer questions on the practicality and any legal questions should be directed to the City Attorney. He said that practically speaking, the contractor STRR already performs the recycling side of the refuse collection and is the first request because STRR already completes the same route throughout the city. He said practically speaking, it makes more sense to recommend STRR’s proposal. He said the city has worked with STRR for many years and currently STRR has been helping the city with various refuse issues because they have the equipment and manpower to do so.
Mayor Alindajao asked how many employees were being transferred.
City Engineer Dowling responded with ten (10).
Mayor Alindajao asked if there will be any changes to the existing schedule or will it remain the same.
City Engineer Dowling responded the pick-up schedule would remain the same.
Mayor Alindajao asked for clarification if the reason it did not go through an RFP was because of practical and legal issues.
City Engineer responded that it is practical and legally it did not have to go out.
Mayor Pro Tem Solorio-Ruiz commented that it is something to be glad about and they should all agree regarding the item. He said it is important the community knows there is stability, and the community knows their trash will be picked up. He said, for record purposes, the item was put on the agenda and the public can pull the item, which did happen, and council will have the ability to have a discussion and vote on it.
Mayor Alindajao asked City Engineer Dowling to describe some of the issues the city is having that has led to the decision of bringing in STRR.
City Engineer Dowling responded that older equipment needs to be replaced. He said new routes also need to be added, meaning additional drivers. He said there has been growth, but not sufficient revenue to cover the expected expenses to purchase new trucks. He said the estimated cost to replace new trucks and add drivers is roughly 1 million dollars. He said there is not enough equipment on the road or drivers to provide adequate service. He said both issues could be remedied but the cost would go to the rate payer.
Mayor Alindajao asked if the collaboration is expected to be a long-term partnership or does the city in vision returning to providing the service.
City Engineer Dowling responded the minimum amount is a 15-year contract.
Kelley Astro, Trash Lawyer representing STRR gave a brief background of the work that he has done with City Engineer and City Attorney to complete the agreement. He also said that like many other communities in the state, Delano is facing challenges with SB 1383 Organic Recycling Law, but it is something that must be done. He said STRR will be assisting in making sure that the recycling law is done at the lowest rate possible.
Mayor Alindajao asked when the SB 1383 contract is anticipated to happen.
Kelly Astro said once the contract is in place, then they would be moving immediately.
City Attorney Richman said services are being provided but the upgrades must be done to be complaint with SB 1383.
Mayor Alindajao asked if SB 1383 required consolidation of contracts.
City Attorney Richman responded no, and other cities typically house all contracts under one provider.
She also clarified that franchise services are not required to go for competitive bidding. She said it is a service and the law recognizes that entities want to pick and choose their community best and there is no obligation to undertake that process.
City Engineer Dowling said the city will receive a franchise fee of 10% and it will be monies that may be used to maintain alleys.
Mayor Alindajao asked City Engineer Dowling what the city is saving, besides the 10% franchise fee.
City Engineer Dowling responded that the city fund is out of money and any new expenses would cause the fund to be in the red. This agreement would cause the fund to be positive with an estimate of $250,000 by the collected franchise fee. He said this would cause the city to make money to put into the streets. He also said the residents will not be affected by any raises in rate for the service.
Motion was made by: Solorio-Ruiz to approved items 1-17 on consent items; 2nd by: Nunez
Vote: 4-0
Ayes: Solorio-Ruiz/Nunez/ /Alindajao/Vasquez
Nays: None
Absent: Morris
Abstentions: None
PUBLIC HEARINGS
18) An Extension of Time for Tentative Tract Map No. 7384 (Resolution No. 2021-41, approved August 2, 2021) that approved the subdivision of a 38.70-acre parcel into 197 single-family residential lots. (Environmental Review: The project was approved with a Mitigated Negative Declaration.)
Mayor Alindajao opened public hearing.
Staff Report by Interim Community Development Director Monsibais.
Mayor Alindajao opened public comment.
Mayor Alindajao closed public comment.
Motion was made by: Solorio-Ruiz
2nd by: Nunez
Vote: 4-0
Ayes: Solorio-Ruiz/Nunez/ /Alindajao/Vasquez
Nays: None
Absent: Morris
Abstentions: None
REGULAR AGENDA
19) Discussion and Approval of a City Donation Request for the Kiwanis Club for the Fourth of July Firework Show on Sunday, July 2, 2023.
Staff report by City Manager Reyna
Steve Kinsey represented Kiwanis Club in requesting city donation for Fourth of July firework show.
Mayor Alindajao opened public comment.
Arnold Morrison is in support of the donation to the Kiwanis Club for the firework show.
Susan de la Ruz is in support of the donation to the Kiwanis Club for the firework show.
Elvira Mendez is in support of the donation to the Kiwanis Club for the firework show.
Yolanda Chacon is in support of the donation to the Kiwanis Club for the firework show and suggested a light show for the future to help the environment and would like to see the money used for a community event to celebrate the Fourth of July.
Claribel Gutierrez is in support of the donation to the Kiwanis Club for the firework show.
David Vivas is in support of the donation to the Kiwanis Club for the firework show.
Jina Martinez is in support of the donation to the Kiwanis Club for the firework show.
Mayor Alindajao closed public comments.
Council member Vasquez asked where the funds are coming from.
City Manager Reyna said the funds are from Community Promotions and would require approval of transfer from general funds since there is only $5,400 available.
Council member Vasquez asked when they could start approving any other future events when the fund goes to a zero balance.
City Manager Reyna responded that the fund would replenish at the start of the new fiscal year and once the budget is approved.
Council member Nunez asked what is the timeline that the city needs for permit submittals. He said that he wants to make sure the city is covered from any lawsuits and if the permitting is not done, do they continue giving them money.
City Manager Reyna responded it is 20 days.
Steve Kinsey said Kiwanis pays half the payment and looks for the city for the second half.
Mayor Pro Tem Solorio - Ruiz commented that he knows everyone is aware of all the good work the Kiwanis Club does and that many of the members volunteer their time to create events for the city. He also stated that he would like to stay responsible with the fiscal budget and he does not want to take anything away from the community and said that with inflation, they might need to bump up the budget.
He said it seems that they are always running into the same situation of pulling from the general account.
Mayor Alindajao said the Fourth of July is a staple event of Delano’s history and enjoys seeing all the families enjoy the fireworks. He said he has missed the previous years and hopefully he will be in town this year to see the show. He said there are members in the community that can not afford to buy fireworks, especially with the inflation and it would be nice to give them a city sponsored show. He said it will lift the city’s spirit and will be a great community event and he is in support of it.
Motion by Nunez to approve donation of $16,500, as long as the Kiwanis meet all the requirements and permitting of the City of Delano
Clarification by Mayor Alindajao that the approval is for the donation amount of $16,500.
Clarification by Council member Vasquez that they are voting on the $16,500 and also on the motion from Council member Nunez.
Mayor Alindajao asked City Attorney Richman if it goes without saying.
City Attorney Richman said she did not think it was a concern and that the clarification is fine for the motion.
2nd by: Solorio-Ruiz
Vote: 4-0
Ayes: Solorio-Ruiz/Nunez/Alindajao/Vasquez
Nays: None
Absent: Morris
Abstentions: None
20) Appointment of Alternate Representative to represent the City of Delano at the Kern Council of Government.
Mayor Alindajao opened public comment.
David Vivas asked who the current representative is and how often are the meetings.
Council members Vasquez responded she is the representative that attends, and the meetings are on the 3rd Thursday of every month at 6:00 PM.
Mayor Alindajao moved to appoint Mayor Pro-Tem Solorio-Ruiz as Alternate Representative to represent the City of Delano at the Kern Council of Government.
Motion was made by: Alindajao
2nd by: Nunez
Vote: 4-0
Ayes: Solorio-Ruiz/Nunez/Alindajao/Vasquez
Nays: None
Absent: Morris
Abstentions: None
DEPARTMENTAL REPORTS
No items
COUNCIL STATEMENTS AND REPORTS
Council Member Nunez: Thanked the Police Department, Recreation Department, and Parks for assistance regarding the soccer field the past 3 weeks. He said he walked the park with the City Manager, and said it looks like it is being worked on and taken care of. He also requested a moratorium for issuing street vendor or food truck permits and requested for staff to take an updated ordinance that does not conflict with itself. He said the current ordinance conflicts and it makes it difficult for staff to enforce properly. He also shared that mosquito abatement is available by calling and they will treat affected areas. He also wished a Happy Birthday to his wife.
Council Member Vasquez: Shared that that the city will be collaborating with the cemetery board on June 13, 2023, at 5:30 PM, at the 11th Ave. building. She shared that the Crime Prevention meeting will be on Thursday, 5:30 PM at the council chambers.
Mayor Pro Tem Solorio-Ruiz: Mentioned that he would not be able to attend the meeting because he will be taking a group of youth to the Sequoias where they will be learning about leadership. He thanked staff for assisting in the coordination of the dog adoption event. He said it was fantastic and had 9 dogs adopted. He shared that there will be future dog adoption events and it will be shared in social media. He said he is working with leaders on hosting a back-toschool distribution before school starts and asked for donations or volunteers to help. He congratulated all graduates and said Delano is proud of them. He directed himself to Pastor David Vivas comment on the passing of Juan Luis Cantu, he said he thinks there is always room to grow and on how to tackle the complex issue of gun violence in the community, is by collaborating with council. He gave the family his condolences and asked if anyone had any information, to please contact the witness protection hotline.
Mayor Alindajao: Shared some of the work that he and Council member Vasquez have been doing. He said they have been working with Garden Pathways and extended an invitation to the Crime Prevention meeting. He said he would not be attending the meeting. He said he attended the grand opening of Rinconcito on Cecil Ave. He also reminded everyone of the DPOA golf tournament event and asked for support. He addressed Mrs. Martinez question and recommended for Mrs. Martinez to reach out to Juan Avila for an answer regarding Garden Pathways reaching out to the victim’s family.
CLOSED SESSION
No items
ADJOURNMENT
Moved by Nunez seconded by Vasquez and unanimously carried 4-0 to adjourn the meeting at 6:31 p.m.
_____________________________________________
Diana A. Garcia, City Clerk