MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
June 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
Enrique Castro from Emmanuel Baptist Church offered the invocation.
FLAG SALUTE
Fernando Bravo led the flag salute.
ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Mario Nunez, Jr., Veronica Vasquez, Liz Morris
Council members absent: None.
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Richman, Finance Director Lara Rios, Interim Community Development Director Monsibais (Via Zoom), Human Resources Director Zamudio, Commander Velasco
PRESENTATIONS AND AWARDS
1. Proclamation declaring June 2023 as LGBTQI + Pride Month Presented by Mayor Pro Tem Solorio-Ruiz
Accepted by Jennifer McQueen with Central Valley Pride
ITEMS FROM THE PUBLIC
1. Anthony Cortez shared concerns about the special meeting with the Cemetery board.
Where was the agenda posted? Were there minutes taken or was the meeting recorded? Shared that Councilwoman Vasquez was in the dark about this. She thought it was going to be about the alleyway. According to the Brown Act Special meetings states that ‘the presiding officer or the majority of the legislative body including the advisory or standing committee may call a special meeting at any time. For the majority to act, there is implied authority of them to communicate to determine if they want to call a special meeting.’ Was that done? ‘Written notice must be sent and received by each member of the legislative body,’ Was that done? ‘Unless waived or written by that member.’ Was that done? He shared a copy of the agenda for that day, and it is not signed. Was the brown act violated? Where was the city attorney at that meeting? The reason he has these questions is because there was a lot of talk about the alleyway. He would like to go back to read or listen to the comments. He is pretty sure that he heard Mr. Jaime say that the alley was closed at the request of the Mayor or the City Council due to construction. He would like to go back to confirm that is what he heard. When the meeting started to go on the topic of the alleyway, it was shot down because he believes the mayor said it wasn’t the topic of the evening or it was not on the agenda, and it might be violating the brown act. Once again, where was the agenda posted? Another thing he found odd was that our district supervisor, David Couch, was there and was not asked to comment. I would have liked to hear from him to hear what he would have to say regarding our cemetery and what he could do for us.
He had additional comments, but he ran out of time.
2. Elizabeth Aguilera shared that she has a business in New York City for the past 20 years and is here for a new project that will hopefully go forward. They are thinking of making a mobile food truck. She is looking for directions on how to follow through with this. She was told she needed to come before the council for it to be put on the agenda. She plans to put this project on 1430 Main Street. We have had an empty lot there for a long time and she thinks it will work out. She has seen them in the Bakersfield area and hopes to bring them into the city.
The mayor shared that because the item is not on the agenda, we cannot discuss it. Suggested she contact the City Manager or the planning department. The City Manager requested the phone number of the speaker. Phone number was provided: 661-301-6241.
3. Pastor Davis Vivas stated yesterday was June 19th. This was the second anniversary of the shooting death of 50-year-old Juana Samora Rocha here in Delano. Ms. Rocha was shot and killed on Saturday, June 19, 2021, in Casey Avenue near County Line Road. She was only 50 years of age, and she leaves behind her husband Eduardo and four children.
Mr. Rocha is in our audience this evening. The case is being handled by the Kern County Sherrif’s Department because it looks place outside of city limits. The Rocha’s are residents of Delano. This coming July 2nd will mark the third year since the shooting death of 11-year-old Makeliah Osorno and 13-year-old Elayna Dorig. The reason he brings this up is because we are not going to have a city council meeting the first Monday of July, so he wants to make sure he includes them as well as the anniversary approaches of their tragic death. This incident occurred shortly after 7:00PM when the girls were in front of a yard at a residence on Oleander Street here in Delano. There was a birthday party going on and some vile, evil person that is wicked as Satan himself, pulls up, shoots into a crowd and unfortunately takes the lives of these two young girls who will never have a chance to graduate form high school, go to college, get married, have children, because somebody out there took their lives. I want to commend council member Mario Nunez who was the sergeant of the Delano Police Department at the time. He was there immediately at the scene as is sure that seeing situations like this is very heart breaking.
Especially a young person. He thanks the council member; he doesn’t believe police officers are given enough credit for the work that they do in such situations. He does know that the day that incidents like this happen family members are so devastated and in shock that they start yelling at police officers. But it is not the officer’s fault. He understands that the FBI is assisting in processing evidence for the shooting of these young girls. He wants to remember Ms. Rocha and her children, her husband, and the family of Makeliah Osorno and Elayna Dorig. He trusts that this monster, this animal who is out there loose in society, I pray to God that they get caught and they ask God for mercy because they will need it.
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 $3,475,902.92
3) Minutes of the regular City Council meeting of June 5, 2023 4) Acceptance of $760.00 donation from The Wonderful Company, for Community and Crime Prevention Events.
5) Request from Delano Harvest Holidays Association for a sponsorship to utilize the Eleventh Avenue Community Center’s Dance Room.
6) Approval of Resolution authorizing staff to file a claim for Transportation Development Funds from Kern Council of Governments for streets and roads purposes and revising the current budget.
7) Authorization to submit application for Board of State and Community Correction Organized Retail Theft Prevention Grant Program.
Item #7 pulled by Nunez
Item #5 pulled by Vasquez
Motion was made by: Nunez to approved items 1-4 and 6 on consent items; 2nd by Solorio-Ruiz
Vote: 5-0
Ayes: Solorio-Ruiz/Nunez/Alindajao/Vasquez/Morris
Nays: None
Absent: None
Abstentions: None
Item No. 5 pulled by: Council member Vasquez
Reason for being pulled: She had a question about where this money is coming from? Is it coming from our community money that we have and are only allocated so much? Or is it coming from our general fund?
City Manager Reyna responded that the items would be, in kind, given that it’s the room. If you want to view it as revenue that is lost or missing, then it would be general fund in the Community Promotions Fund section of that.
Councilmember Vasquez asked what the recommendation from staff is? She didn’t see that on there, that is why she was asking.
City Manager Reyna responded that the staff is recommending it, given that it’s Harvest. It is a civic organization within the city.
Councilmember Vasquez asked if there is a recommendation in-kind or is it the one you named? Recreation Manager Batth-Chavez stated that the recommendation would be for council to look at the sponsorship and approve it. We received a request for sponsorship for the Harvest Holidays Association to utilize the 11th Avenue dance room at the 11th Avenue Community Center on Saturdays. It would be an in-kind donation and it would not have an impact on staffing because of the times that is requested. Our center is open for programming. We will not need another staff member to come and open. It would just be an in-kind donation.
Council member Vasquez stated she is asking because she knows we start our new year in July.
She is starting to calculate deducting that’s why she was asking.
Mayor Alindajao asked what purpose do they want to use the dance room for? Recreation Manager Batth-Chavez shared that every year for Harvest Holidays we have had the Harvest Holidays Queen Program, scholarship program. For the last couple of years, they have extended it to gentlemen. We have had this tradition for over 75 years and each year the contestants prepare an opening act, a dance routine. Harvest Holidays have used our room for about 3-years now, post COVID. All they do is have the kids there, they teach them routines on Saturdays, this year they reduced the hours from 3 hours to 2 hours. Therefore, less of a monetary impact on the in-kind budget.
Mayor Alindajao confirmed that they use this room to practice for the Harvest Holiday? Recreation Manager Batth-Chavez responded in the affirmative. It’s a scholarship program and they are practicing so they can have the event this year. This year the event will be on September 23rd, and they are competing for scholarships and prizes.
Mayor Alindajao asked if this studio is set up as a dance studio? Recreation Manager Batth-Chavez responded in the affirmative Mayor Alindajao stated that it’s a great program.
Motion was made by Solorio-Ruiz to approved item 7;
2nd by Nunez
Vote: 5-0
Ayes: Solorio-Ruiz/Nunez/Alindajao/Vasquez/Morris
Nays: None
Absent: None
Abstentions: None
Item No. 5 pulled by: Council member Nunez
Reason for being pulled: Councilmember Nunez shared that he had constituents ask some questions regarding what this grant provided or what it did. What was the was the benefit for the city? He is familiar with it but just wanted them to hear it directly from the police department.
Commander Velasco in place of the chief provided staff report Mayor Alindajao asked if we were at the application process.
Commander Velasco responded in the affirmative. We are just at the beginning stages that covers the application process, but we have complied data and provided it to our grant writer in preparation for the grant.
Mayor Alindajao confirmed it was a total of $240 million dollars Commander Velasco responded in the affirmative
Mayor Alindajao asked if it was a federal grant
Commander Velasco responded in the affirmative
Mayor Alindajao asked if the police department currently has drones? Commander Velasco responded that they do not have drones but that is something that they would be interested in just to the fact that the benefits that come with the drone. It’s a force multiplier. It allows us to increase our situational awareness and we’re able to deploy those faster to incidents or areas of importance in a timelier fashion that would give us eyes prior to us arriving allowing us to address those issues quickly.
Mayor Alindajao asked if 30 LPRs, would those be the flock data safety type? Commander Velasco responded in the affirmative. The good thing about the grant is that you don’t just have to have those installed in the marketplace alone. You can separate them to different commercial districts. We’ve had an issue at an area where big lots is at and also at Harbor Fright. We have a lot of retail theft in those areas and that would help us tremendously to be able to deploy in those different areas. Not just focused on the marketplace, but also focusing on the ingress and egress areas of those locations.
Council member Nunez asked if this would help us in avoiding having issues like they are having in the bay in LA where we have these mass people coming in and doing all these thefts and it would help us be more aware and help law enforcement and it shows very proactive, correct?
Commander Velasco responded in the affirmative. We have had a lot of issues as you can see throughout the media but we’ve had those issues here in our city where people travel up these corridors like the 99 and what they’ll do is they’ll target our community by entering our businesses and grabbing carts full of clothing or items and running out causing not only theft but also fear into the employees and to the community members that are around these crimes that are being committed and potentially causing encounters which could further risk public safety.
Motion was made by Nunez to approved item 7;
2nd by Morris
Vote: 5-0
Ayes: Solorio-Ruiz/Nunez/Alindajao/Vasquez/Morris
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA
No items
DEPARTMENTAL REPORTS
City Attorney Richman shared two departmental reports as an update. The first item related to the consideration of a request for proposals from consultants to study what the cost and potential fee would be related to the adoption and implementation of rent control or rent stabilization ordinance. The second item relates to the property of North Kern Cemetery District.
Mayor Alindajao asked in regard to a public comment that was made earlier in the meeting, in terms of the special meeting the notice, the agenda, ect., was that properly noticed and lawful? City Attorney Richman responded in the affirmative. The city clerk might be able to answer where it was posted. The fact that it was not signed, I talked with the city clerk and substantial compliance with the Brown Act was met. There was no requirement that the city clerk or city manager sign it. It is a practice that many cities have. But again, it’s not a requirement of the Brown Act. When that mistake was found she believed it was updated. The fact that it was not signs is not detrimental or concern as far as the Brown Act. There are provisions in that code that do talk about providing notice if requested. But again, written notice is not required if the member attends that meeting and they’re present. So, in that sense they were given notice and what is statute is concerned about is to make sure that all council members are aware of special meetings since only 24-hours is required for notice for a special meeting versus the 72 hours for a regular meeting. I did not see anything that was of issue or concern for the Brown Act.
Talking about the alley and so forth would have been outside of the agenda as a statute specifically states that no other business shall be considered at the meeting outside of what is listed on the agenda.
Mayor Alindajao asked if it is true that part of the reason that the property dispute wasn’t part of the agendas because of what Jesus explained that the City of Delano does not have a property interest in that alleyway? Is that accurate?
City Attorney Richman stated that her understanding was to talk more about the issues on cemetery as far as crime and city and police officers responding to that. It was not to discuss that property and if it was, I think you are correct, we don’t have any jurisdiction as a city to even make determination. So, it wouldn’t be appropriate for the city to have an agenda item to discuss that since it’s not within our jurisdiction to direct what happens with that part of the property.
Council member Vasquez asked if the report that was just given, could that report have been given at the cemetery meeting as a department report? To give clarification to community people? They still don’t have answers and they’re still coming to us.
The City Attorney advised that they should go to the district. She doesn’t know if anyone would have anticipated to have that report. Again, that would have been outside of the agenda. In fact, you don’t take public comment except on items related to that agenda item.
Council member Vasquez asked if it could have been on the agenda as a department report of what you’re doing right now? She knew that people were going there for the alley. I would think other council people knew that, just for clarification because people left there with no answers and they’re still asking for some. That would have been helpful.
City Attorney Richman stated that she cannot speak to what could. Could they have put that on there? Typically, special meetings like I will state, are for one agenda item only, and not to cover other reports.
You wouldn’t typically put departmental report at a special meeting if that answers the question.
Council member Vasquez confirmed that it does answer her question, but it would have been helpful to put it on this agenda as a departmental report with the title. That way, people would have known to come here knowing that it would have been discussed.
City Attorney Richman asked if she was talking about this meeting? Council member Vasquez confirmed she was talking about this meeting and the previous meeting. Just something to let people know that you gave a report. We don’t have that you’re giving this report today, so people are not going to know about it. So, individual people are going to come and hopefully I can outreach to let them know this is what was said. That’s my point, the communication to the community to let them know about important things because half that room was there for the alley.
City Attorney Richman shared that if that’s the city’s practice on how they want to handle departmental reports on the agenda, I would defer to whatever the city’s preferences on that.
COUNCIL STATEMENTS AND REPORTS
Council Member Vasquez:
Share that moving forward she would like departmental reports to be more detailed. That way our community people know what’s going to be on the agenda. Especially, something of importance. She’s glad we had the meeting for the cemetery. Those that go to cemetery meeting know that 95% of the people are Spanish speaking and we didn’t provide that service. More than half the people there didn’t even know what was going on. At the end it was chaotic and that’s unfortunate because that is doing a disservice to our community. She would appreciate it if we would provide that service. She hopes it follows through. If we can get somebody that does communication full time or public relations person, the other thing that I hear all the time is we don’t have good outreach. There are all kinds of amazing things going on and important things.
But community people do not know about it. There are delays at times, and she is not going to fault staff because that is not their primary duty. We need somebody. For us being the second largest city in Kern County, it baffles her that we still do not have a full-time person to outreach to our community and that would be helpful.
Council Member Nunez:
Commented on the mosquito problems. He hears people complaining about the mosquitoes.
They are picking up. If we are not aware, there is a huge lake that grew over winter and mosquitoes are bad just North of us in Tulare-Kings County. They are currently spraying with airplanes for mosquitoes. But we need people’s help here in town. If you have standing water or pools that you are not taking care of, please start taking care of your stuff. Or if you don’t have any of these issues and you do have mosquitoes in your house, you can call Delano Mosquito Abatement District here in Delano, 661-725-3114. They will come and check your residence and if they need to spray it is a free service that you already pay for.
Council Member Morris:
Congratulated all the graduates from this past month or the end of May. She had to be at every award and saw Arnie there at every one of them too. From every award assembly to award scholarships or at the graduation. What a historic year too. We have the most graduates that graduated from high school with their AA degrees. She is grateful to have Bakersfield College here as a good associate and a good school. This Friday she will be attending a committee for communities in Pomona, CA. It is to talk about concerns that are happening in cities. She will come back next month and report on what was discussed at that meeting.
Mayor Pro Tem Solorio-Ruiz:
No comments
Mayor Alindajao:
Also congratulated all the graduates from high school and junior high, as well as kindergarten and preschool. His son graduated from 8th grade this year as well. He attended and participated in the first annual DPOA golf tournament. He and a couple of staff members from the city took second place. They raise a lot of good funds. It was well attended, competitive, and had a great time. Extended his sympathy and condolences to the young man who lost his like a couple days ago in a shooting. Sometimes you hear these stories and somewhat feel disconnected. But these are folks that were somebody’s son, nephew or grandson or somebody’s family member in this community. Our prayers and thoughts are with him and his family.
Council Member Morris added that she had a high school graduate that said, “I’m free, finally I’m free.” But little does he know life has just begun. Reality will just sit in.
Council Member Vasquez asked if the meeting can be closed in honor of Ms. Rocha.
Mayor Alindajao responded in the affirmative
Mayor Alindajao reminded the public that the first meeting in July is cancelled. So, our next meeting will be the third Monday of July. July 17, 2023. We will reconvey as a city council.
Happy 4th of July. Enjoy your 4th of July holiday. Be safe, don’t light anything that is dangerous and illegal. Hopefully everyone can attend the Kiwanis event.
CLOSED SESSION
No items
ADJOURNMENT
Moved by Solorio-Ruiz seconded by Vasquez and unanimously carried 5-0 to adjourn the meeting at 6:23 p.m.
_____________________________________________
Diana A. Garcia, City Clerk