Delano City Council
December 18, 2023

AGENDA

DELANO CITY COUNCIL
REGULAR MEETING December 18, 2023
DELANO CITY HALL, 1015 – 11th Avenue 5:30 P.M.

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CALL TO ORDER

INVOCATION

FLAG SALUTE

ROLL CALL

PRESENTATIONS AND AWARDS
Retirement – George Lopez
Recognition of City Employee
Recognition of Morningside Elementary Running Team
Recognition of Global Sikaran Federation
Recognition of Cesar Chavez High School Band
PUBLIC COMMENT: The public may address the Council on items which do not appear on the agenda. The Council cannot respond nor take action on items that do not appear on the agenda but may refer the item to staff for further study or for placement on a future agenda. Comments are limited to 3 minutes for each person and 15 minutes on each subject. Please state your name and address for the record.

CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. These items are approved in one motion unless a Councilmember or member of the public removes a particular item.
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 $4,061,354.20
3) Minutes of Special Citizen Review Committee meeting of December 14, 2022 4) Minutes of Regular Pension Committee meeting of August 8, 2023 5) Minutes of Regular Pension Committee meeting of November 14, 2023 6) Minutes of Regular Council meeting of September 5, 2023 7) Minutes of Regular Council meeting of September 18, 2023 8) Minutes of Special Council meeting of October 2, 2023 9) Minutes of Special Council meeting of November 7, 2023 10) Minutes of Special Council meeting of November 17, 2023 11) Minutes of Special Council meeting of December 4, 2023 12) Minutes of Regular Council meeting of December 4, 2023 13) Award of the “2023 TCP GAC Media Exchange Project” to the Calgon Carbon Company for $203,412.79 and authorize the City Manager or her designee to sign all documents needed to carry out this transaction
14) Approve the memorandum of understanding between the City of Delano Transportation Department and North Kern South Tulare Hospital District (NKSTHD) to provide Dial-a Ride Services to transport their clients
15) Approval of Agreement of Purchase & Sale and joint escrow instructions with Mylon W.

Marshall, Successor Trustee of the Edwinna P. Marshall Living Trust, dated June 9, 1991, for the 1104 11th Ave. property (APN 038-430-12-00-5 and 038-430-13-00-8), for $282,000.00, and authorization for the city manager to sign the same and any other documents needed to complete this purchase, and to make immaterial edits to the agreement if needed.
16) Resolution authorizing staff to apply for TDA Funds for Public Transit for FY 2023-2024

PUBLIC HEARINGS
17) Combined Development Permit No. CDP 2023-001: applicant, Vergara Ag Service, Inc., is requesting the Planning Commission adopt a resolution recommending City Council amend the Land Use Element Map of the Delano General Plan from Service Commercial to Industrial and a Zone Change Classification from General Commercial to Industrial at 103 High Street (Assessor Parcel Number: 422-040-09)

REGULAR AGENDA
18) Proposals for City-Owned Surplus Land Located on County Line Road and Highway 99 and Approval of Exclusive Negotiating Agreement

DEPARTMENTAL REPORTS

COUNCIL STATEMENTS AND REPORTS

CLOSED SESSION
19) LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 Claimant: Ivan Mungia
Claim no. FR101476
Agency claimed against: City of Delano
20) PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: City Attorney

RETURN TO GENERAL SESSION

ADJOURNMENT

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When: Dec 18, 2023, 05:30 PM Pacific Time (US and Canada) Topic: Regular City Council Meeting
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Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 11/16/2023 39708 ABA01 ABATE-A-WEED INC. 246.23 1 1020443 GENERAL SUPPLIES/AC CARTRIDGE/FACESHIELD/SAE3 71 5700 540 11/16/2023 39708 ABA01 ABATE-A-WEED INC. -151.9 1 1021676 CREDIT FOR FACE SHIELD 71 5700 540 11/16/2023 39708 ABA01 ABATE-A-WEED INC. 77.01 1 1023104 TRIMMER REPAIR PARTS 01 5700 600 ABA01 Total 171.34
11/16/2023 39709 ACC43 ACC BUSINESS 886.22 1 232866985 MONTHLY SERVICE & OTHER FEES/09/11/2023-10/10 84 5209 140 ACC43 Total 886.22
11/16/2023 39710 ADS00 ADVANCED DATA STORAGE, IN 28.18 1 173873 SHRED MISC CONF DCMNTS CITY HALL/MULTI DEPTS. 01 5524 110 11/16/2023 39710 ADS00 ADVANCED DATA STORAGE, IN 28.18 2 173873 SHRED MISC CONF DCMNTS CITY HALL/MULTI DEPTS. 01 5524 120 11/16/2023 39710 ADS00 ADVANCED DATA STORAGE, IN 28.17 3 173873 SHRED MISC CONF DCMNTS CITY HALL/MULTI DEPTS. 01 5700 170 11/16/2023 39710 ADS00 ADVANCED DATA STORAGE, IN 28.17 4 173873 SHRED MISC CONF DCMNTS CITY HALL/MULTI DEPTS. 73 5700 740 ADS00 Total 112.7
11/16/2023 39711 ALL36 ALL STAR ELITE SPORTS 160.11 1 3814 (13)HIP HOP SHIRTS 10/30/2023 01 5617 610 ALL36 Total 160.11
11/16/2023 39712 AME79 AMERICAN SOCIETY OF CIVIL 316 1 9052023 MEMBER ID 302051/R. DOWLING 01 5423 410 AME79 Total 316
11/16/2023 39713 APP07 APPLEONE EMPLOYMENT SERVI 513.75 1 1-6743962 ACCOUNTING TEMP: N.MENDEZ W/E 10/28/2023 01 5522 170 11/16/2023 39713 APP07 APPLEONE EMPLOYMENT SERVI 513.75 2 1-6743962 ACCOUNTING TEMP: N.MENDEZ W/E 10/28/2023 73 5522 740 11/16/2023 39713 APP07 APPLEONE EMPLOYMENT SERVI 685 1 1-6750322 ACCOUNTING TEMP: N.MENDEZ W/E 11/04/2023 01 5522 170 11/16/2023 39713 APP07 APPLEONE EMPLOYMENT SERVI 685 2 1-6750322 ACCOUNTING TEMP: N.MENDEZ W/E 11/04/2023 73 5522 740 APP07 Total 2397.5
11/16/2023 39714 ARC23 ARCADIA SOLAR, LLC 13759.74 1 100209486 OCTOBER ENERGY CHARGES/WWTP 72 5201 570 ARC23 Total 13759.74
11/16/2023 39715 AWW01 AWWA 311 1 2135034 R. DOWLING- MEMBER ID 00859459 73 5423 720 AWW01 Total 311
11/16/2023 39716 BAD07 BADGER METER 53400 1 1615918 OPEN P.O. FROM JANUARY - JUNE 2023 73 90AY 720 11/16/2023 39716 BAD07 BADGER METER 432.54 1 80142600 MONTHLY WATER METER READING/HOSTING FEES 73 80AY 720 BAD07 Total 53832.54
11/16/2023 39717 BAU03 ROMMEL BAUTISTA 409 1 11072023 LDRSHP&ACCOUNTABILITY/ASSERTIVE SUPV 12/4-12/ 01 5440 200 BAU03 Total 409
11/16/2023 39718 BIO04 BIOMETRICS4ALL, INC 0.75 1 CODEL0115 RELAY FEES Y77-CITY OF DELANO/A.MORENO 01 5522 200 11/16/2023 39718 BIO04 BIOMETRICS4ALL, INC 4.5 1 COYH50085 RELAY FEES/10/01/2023-10/31/2023 01 5524 120 BIO04 Total 5.25

CITY OF DELANO
WARRANT REGISTER/CITY COUNCIL MEETING 12/18/2023
Agenda Item No. 2
11/16/2023 39719 BOW05 BOWMAN ASPHALT, INC 33950.12 1 11082023 2022 VARIOUS STREETS PAVEMENT RESURFACING & 40 910Q 411 11/16/2023 39719 BOW05 BOWMAN ASPHALT, INC 22161.68 2 11082023 2022 VARIOUS STREETS PAVEMENT RESURFACING & 12 910Q 320 BOW05 Total 56111.8
11/16/2023 39720 BOW09 BOWE CONTRACTORS INC. 596600.25 1 10 2022 ELEVENTH AVENUE AQUATIC CENTER PROJECT 40 97AB 411 BOW09 Total 596600.25
11/16/2023 39721 BRA35 GRACIELA BRAVO 100 1 78417 REBATE FOR 1 NEW HET/PROJECT:RETROFIT 500 TOI 73 80BA 720 BRA35 Total 100
11/16/2023 39722 BRE01 BRENNTAG PACIFIC INC 5403.32 1 BPI384140 OPEN P.O. FROM JULY - DECEMBER 2023 73 5712 720 11/16/2023 39722 BRE01 BRENNTAG PACIFIC INC 2151.05 1 BPI384587 OPEN P.O. FROM JULY - DECEMBER 2023 73 5712 720 11/16/2023 39722 BRE01 BRENNTAG PACIFIC INC 5680.3 1 BPI385941 OPEN P.O. FROM JULY - DECEMBER 2023 73 5712 720 BRE01 Total 13234.67
11/16/2023 39723 BRE06 BRENDA A. LOPEZ 120 1 OCTOBER 10/2/23 12 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 20 2 OCTOBER 10/4/23 2 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 70 3 OCTOBER 10/9/23 7 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 80 4 OCTOBER 10/11/23 8 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 70 5 OCTOBER 10/16/23 7 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 40 6 OCTOBER 10/18/23 4 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 50 7 OCTOBER 10/23/23 5 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ 60 8 OCTOBER 10/30/23 6 ATTENDEES X $10.00 01 3843 11/16/2023 39723 BRE06 BRENDA A. LOPEZ -102 9 OCTOBER 20% OF FEE'S COLLECTED PAID TO CITY OF DELANO 01 3843 BRE06 Total 408
11/16/2023 39724 BRI05 CHARTER COMMUNICATIONS 1685 1 110723 NOV.11-DEC.10.2023 INTERNET SVCS/CITY WIDE 84 5209 140 BRI05 Total 1685
11/16/2023 39725 BSK02 BSK ASSOCIATES 348.5 1 AG25246 WEEKLY BACTI SAMPLING 73 5524 720 11/16/2023 39725 BSK02 BSK ASSOCIATES 348.5 1 AG25271 WEEKLY BACTI SAMPLING 73 5524 720 11/16/2023 39725 BSK02 BSK ASSOCIATES 30.25 1 AG25489 SPECIAL SAMPLING FOR WELL 33 73 5524 720 11/16/2023 39725 BSK02 BSK ASSOCIATES 30.25 1 AG25490 SPECIAL WELL 33 SAMPLING 73 5524 720 11/16/2023 39725 BSK02 BSK ASSOCIATES 30.25 1 AG25491 SPECIAL SAMPLING NEEW WATER LINE ON NORWALK/1 73 5524 720 BSK02 Total 787.75
11/16/2023 39726 BUT03 BUTTONWILLOW WAREHOUSE CO 340.99 1 1151584 PESTICIDES FOR RUNWAY 74 5700 370 11/16/2023 39726 BUT03 BUTTONWILLOW WAREHOUSE CO 676.56 1 1151585 RUNWAY MAINTENANCE 74 5700 370 BUT03 Total 1017.55
11/16/2023 39727 CARA5 CARDINAL CODE SOLUTIONS, 22389.54 1 1123A OCTOBER 23-NOVEMBER 5,2023 AGREEMENT NO.2016- 01 5524 420 CARA5 Total 22389.54
11/16/2023 39728 CARC5 CARROLL'S TIRE WAREHOUSE 456.92 1 304220 #3701 AIRPORT/2 NEW TIRES/ALIGNMENT 74 5510 370 CARC5 Total 456.92
11/16/2023 39729 CEL00 CELLEBRITE INC. 6982.13 1 262113 UFED 4PC ULTIMATE SUBSCRIPTION-EVIDENCE SYSTE 01 5640 200 CEL00 Total 6982.13
11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 322.76 1 45262-001 OFFICE SUPPLIES/CALCULATOR,STAPLER,HIGHLIGHTE 73 5300 740 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 396.8 1 45317-001 OFFICE SUPPLIES/FIRST AID/STAMPS/MARKERS/PENS 01 5300 610 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP -229.15 1 45317-002 FIRST AID/MASKS/GLOVES/-CREDIT 01 5300 610 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 595.36 1 45363-001 CABINET AND DRAWERS FOR REC SUPERVISOR 01 5300 610 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 2208.37 1 45413-001 OFFICE SUPPLIES 01 5300 200 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 41.19 1 45486-001 GENERAL OFFICE SUPPLIES/FORM HOLDERS QTY:2 01 5700 110 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 41.19 2 45486-001 GENERAL OFFICE SUPPLIES/FORM HOLDERS QTY:2 01 5700 160 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 68.88 1 45510-001 OFFICE SUPPLIES/BULLETIN BOARD 74 5300 370 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 56.42 1 45559-001 OFFICE SUPPLIES/NOTE PADS 73 5300 720 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 26.19 1 45562-001 GENERAL OFFICE SUPPLIES/CALL LOG,PENS,MARKERS 01 5700 110 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 26.18 2 45562-001 GENERAL OFFICE SUPPLIES/CALL LOG,PENS,MARKERS 01 5700 160 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 36.83 1 45628-001 STORAGE BOX/GENERAL OFFICE SUPPLIES 01 5300 120 11/16/2023 39730 CEN10 CENTRAL VALLEY OFFICE SUP 3.04 2 45628-001 STORAGE BOX/SALES TAX 01 5300 120 CEN10 Total 3594.06
11/16/2023 39731 CEN55 CENTRAL VALLEY OCC MEDICA 268 1 596808-00 CLINICAL PRE-PLACEMENT EXAM/F.GALLEGOS 01 5524 120 11/16/2023 39731 CEN55 CENTRAL VALLEY OCC MEDICA 206 2 596808-00 CLINICAL PRE-PLACEMENT EXAM/A.MORENO 01 5524 120 11/16/2023 39731 CEN55 CENTRAL VALLEY OCC MEDICA 206 3 596808-00 CLINICAL PRE-PLACEMENT EXAM/B.OROZCO 01 5524 120 CEN55 Total 680
11/16/2023 39732 CEN70 BRADY INDUSTRIES 2374.57 1 8183655 OPEN P.O. FROM JULY - DECEMBER 2023 01 5700 800 11/16/2023 39732 CEN70 BRADY INDUSTRIES 881.61 1 8288882 OPEN P.O. FROM JULY - DECEMBER 2023 01 5700 800 11/16/2023 39732 CEN70 BRADY INDUSTRIES 635.01 1 8381584 CLEANING SUPPLIES/LIQUID SOAP/GLOVES/TRASH BA 01 5700 204 CEN70 Total 3891.19
11/16/2023 39733 COA02 COASTLINE EQUIPMENT 299.42 1 1063301 #417 STREETS/CAP 11 5520 300 COA02 Total 299.42
11/16/2023 39734 COF00 COFER & OBERLIES, INC 612.38 1 99510 KEYPAD & GATE REPAIR, COURTHOUSE 01 5700 800 11/16/2023 39734 COF00 COFER & OBERLIES, INC 225 1 101129 GATE REPAID/P.D 01 5700 800 COF00 Total 837.38
11/16/2023 39735 COR41 CORE & MAIN LP 2467.02 1 T735728 OPEN P.O. FROM JULY - DECEMBER 2023 73 91AK 720 11/16/2023 39735 COR41 CORE & MAIN LP 6321.93 1 T777487 OPEN P.O. FROM JULY - DECEMBER 2023 73 91AK 720 COR41 Total 8788.95
11/16/2023 39736 CPI02 CPI, INC 146.5 1 02-63608D SHORT PAID VENDOR ON INV:02-63608 01 5524 120 CPI02 Total 146.5
11/16/2023 39737 CRE16 CREATIVE FINANCIAL STAFFI 1290.8 1 123250193 TEMP/LOPEZ P. W/E 06/25/2023 73 5522 740 CRE16 Total 1290.8
11/16/2023 39738 DAC01 DACO FARM SUPPLY INC. 81.62 1 368077 NEW HOSE FOR SPRAYER 74 5700 370 11/16/2023 39738 DAC01 DACO FARM SUPPLY INC. 140.97 1 369401 TOOLS FOR TRUCK 72077-GREASE GUN & GREASE FTG 73 5520 720 DAC01 Total 222.59
11/16/2023 39739 DE101 DELANO CHEVROLET BUICK GM 53.06 1 114645 #401 STREET/PURGE SOLENOID 11 5510 300 DE101 Total 53.06
11/16/2023 39740 DEL39 DELANO VETERINARY HOSPITA 183.55 1 92496 CAT-PAY EMERGENCY/RABIES VACCINE 01 55211 204 DEL39 Total 183.55
11/16/2023 39741 DEL56 DELANO PROPANE, INC 57.58 1 27776 PROPANE FOR SHOP HEATER 73 5700 720 11/16/2023 39741 DEL56 DELANO PROPANE, INC 91.34 1 28163 PATCH TRUCKS 11 5511 300 DEL56 Total 148.92
11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 471.71 1 80286209 MONTHLY SVCS 07/15-08/14 C#25457109/ENG. PLOT 01 5522 410 11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 167.09 1 80286262 MONTHLY SVCS 07/15-08/14 C#25534562 01 5302 204 11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 49.65 1 80826684 MONTHLY SVCS 09/15-10/14 C#25457109/ENG.PLOTT 01 5522 410 11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 471.71 1 81291373 MONTHLY SVCS 11/15-12/14 C#25457109/ENG. PLOT 01 5522 410 11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 156.85 1 81291525 MONTHLY SVCS 11/15-12/14 C#25534562 01 5302 204 11/16/2023 39742 DELC2 DE LAGE LANDEN FINANCIAL 17.45 1 81311204 C#500-50067926/FINANCE FEE 01 5302 610 DELC2 Total 1334.46
11/16/2023 39743 DIA11 DIAMOND IT 2913.2 1 34629 OCTOBER PD BACKUP CENTER 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 2411.4 1 34630 OCTOBER CITY HALL BACKUP 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 3015.6 1 34631 NOVEMBER PD BACK UP CENTER 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 3061.4 1 34632 NOVEMBER CITY HALL BACKUP 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 7415 1 34508MS OCTOBER MICROSOFT 365/DUO SOFTWARE 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 4125.6 1 34509SC OCTOBER SECURECENTRIC AGREEMENT 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 7415 1 34565MS NOVEMBER MICROSOFT 365/DUO SOFTWARE 84 5640 140 11/16/2023 39743 DIA11 DIAMOND IT 4125.6 1 34575SC NOVEMBER SECURECENTRIC AGREEMENT 84 5640 140 DIA11 Total 34482.8
11/16/2023 39744 ECI03 TRACY ECIJAN 100 1 41486 REBATE FOR 1 NEW HET/PROJECT:RETROFIT 500 TOI 73 80BA 720 ECI03 Total 100
11/16/2023 39745 EST18 ESTER P. MANCILLA 200 1 50402 REBATE FOR 2 NEW HET/PROJECT:RETROFIT 500 TOI 73 80BA 720 EST18 Total 200
11/16/2023 39746 FAS05 FASTENAL COMPANY 44.56 1 111289 BLACK ZIP TIES 11 5700 300 FAS05 Total 44.56
11/16/2023 39747 FER07 FERGUSON ENTERPRISES, INC 256.11 1 4609850 GASKET FOR NEW PUMP/PARKS 01 5711 600 11/16/2023 39747 FER07 FERGUSON ENTERPRISES, INC 29.92 1 4609937 3/8 SHUTOFF VALVE & MESH Y ON NEW PUMP/PARKS 01 5711 600 FER07 Total 286.03
11/16/2023 39748 FGL01 FGL ENVIRONMENTAL 339 1 346671A QUARTERLY WELL SAMLING 73 5524 720 11/16/2023 39748 FGL01 FGL ENVIRONMENTAL 129 1 346860A WEEKLY ARSENIC SAMPLING 73 5524 720 11/16/2023 39748 FGL01 FGL ENVIRONMENTAL 129 1 347102A WEEKLY ARSENIC SAMPLING 73 5524 720 FGL01 Total 597
11/16/2023 39749 FLO28 FLORES AFFORDABLE TOOLS 41.11 1 5477 RAIN COAT & BOOTS FOR NEW HIRE 01 5700 600 11/16/2023 39749 FLO28 FLORES AFFORDABLE TOOLS 48.68 1 5496 FACE SHIELDS FOR P/T MAINT. 71 5700 540 11/16/2023 39749 FLO28 FLORES AFFORDABLE TOOLS 48.7 1 5507 FACE SHIELD FOR P/T MAINT. 71 5700 540 FLO28 Total 138.49
11/16/2023 39750 GAL15 GALVAN SIGNS GRAPHICS 487.13 1 4811 CSO MAGNETS/DECALS REPLACEMENT OF LOST/DAMAGE 01 5510 200 GAL15 Total 487.13
11/16/2023 39751 GARC9 GARDA CL WEST, INC 918.45 1 10758329 NOV. ARMORED TRANSPORTATION SVCS 01 5809 105 11/16/2023 39751 GARC9 GARDA CL WEST, INC 117.88 1 20585066 OCT. ARMORED TRANSPORTATION SVCS EXCESS ITEMS 01 5809 105 GARC9 Total 1036.33
11/16/2023 39752 GARK9 GARDEN PATHWAYS INC. 11525.69 1 2001-3488 CAL-VIP REIMBURSEMENT OF EXPENSES-SEPT.2023 110 5524 111 G38 GARK9 Total 11525.69
11/16/2023 39753 GARL0 KATHERINE GARCIA 300 1 36576 REFUND DEPOSIT CIVIC CENTER RENTAL 10/31/2023 01 2237 002 GARL0 Total 300
11/16/2023 39754 GAY02 PATRICK GAY 31.36 1 11142023 FIREARMS TRAINING GAS REIMBURSEMENT/10/16-10/ 01 5511 200 GAY02 Total 31.36
11/16/2023 39755 GLO11 GLOBAL CTI 5107.06 1 166774 MiVOICE CONNECT - VIRTUAL APPLIANCES - 84 5209 140 GLO11 Total 5107.06
11/16/2023 39756 GOL28 GOLDEN VALLEY ORCHARD SUP 104.84 1 1056557 GOPHER TRAPS 74 5700 370 GOL28 Total 104.84
11/16/2023 39757 GOV05 GOVERNMENT FINANCE OFFICE 150 1 2355434 GFOA MEMBERSHIP RENEWAL: E. RODRIGUEZ 01 5524 170 GOV05 Total 150
11/16/2023 39758 GRA01 GRAINGER 231.59 1 853130038 AIRPORT REMODEL/CEILING TILE 01 5700 800 11/16/2023 39758 GRA01 GRAINGER 93.88 1 853130046 BUILDING MATERIALS/STEEL STRAPPING/STRAPPING 11 5700 300 11/16/2023 39758 GRA01 GRAINGER 56.1 1 854420834 BUILDING MATERIALS/STRAPPING BUCKLE 11 5700 300 11/16/2023 39758 GRA01 GRAINGER -17.43 1 854420842 CREDIT FOR STRAPPING SEAL 11 5700 300 11/16/2023 39758 GRA01 GRAINGER 926.37 1 855634045 CORP OFFICE REMODEL/CEILING TILES QTY:8 01 5700 800 11/16/2023 39758 GRA01 GRAINGER 43.24 1 865731997 CORP YARD OFFICE REMODEL/ADHESIVE ZIPPER 01 5700 800 11/16/2023 39758 GRA01 GRAINGER 694.77 1 866355267 CORP. YARD REMODEL/CEILING TILE 01 5700 800 11/16/2023 39758 GRA01 GRAINGER 151.05 1 882687727 SS PIPE FOR AIR COMPRESSOR REPAIRS 73 5524 720 11/16/2023 39758 GRA01 GRAINGER 77.67 1 890476915 TOOLS & OFFICE SUPPLIES/LABEL PRINTER/SKT ADA 73 5700 720 GRA01 Total 2257.24
11/16/2023 39759 GRA35 GRANITE AUTO PARTS 23.53 1 836353 #D66 P.D/WIPER ARM 01 5510 200 GRA35 Total 23.53
11/16/2023 39760 HAA01 HAAKER EQUIPMENT COMPANY 728.65 1 C5A0WY #5301 STREET CLEANING/CLAMP & PRESSURE HOSE 71 5510 530 HAA01 Total 728.65
11/16/2023 39761 HAL11 HALCYON BEHAVIORAL LLC 51.6 1 14885 EAP FOR PART TIME EMPLOYEES/QTY:24/NOV.2023 82 5785 130 HAL11 Total 51.6
11/16/2023 39762 HAR14 HARBOR FREIGHT TOOLS 55.17 1 1026014 AIRPORT FUEL CHECK 74 5700 370 11/16/2023 39762 HAR14 HARBOR FREIGHT TOOLS 95.23 1 1027835 TOOL ROOM SUPPLIES/TRANSFER PUMP/MINI GREASE 11 5700 300 HAR14 Total 150.4
11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 167.13 1 24924 EXTENSION CORD,BLUE TAPE, TRASH GRABBER 01 5700 610 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 74.16 1 30460 CASE WATER BOTTLES 24PK QTY:12 73 5700 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 38.87 1 30618 3M HOOKS, 116QT STORAGE BOX 01 5700 610 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 5.88 1 20736 IRRIGATION PARTS FOR WATER FAUCET 05 5711 650 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 60.4 1 32439 CORP YARD REMODEL/TILE, BONDING MORTAR 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 15.11 1 513675 #72078 PAINT FOR TOOLS 73 5700 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 110.05 1 1021601 CORP OFFICE REMODEL/PAINT,BUCKETS,ROLLERS 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 27.91 1 1021701 GOLF COURSE A/C REPAIR 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 980.49 1 1026577 CONDUIT FOR VALVES ON FAIRWAY #4 05 5711 650 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 31.28 1 1032431 CORP YARD OFFICE REMODEL/TILE, BONDING MORTAR 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 55.62 1 2023536 CASE WATER BOTTLES 24PK QTY:9 71 5700 540 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 18.36 1 2060579 CORP FRONT OFFICE REMODEL/STEEL BYPASS PRUNER 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 28.07 1 2533778 CLEANING SUPPLIES FOR PLANT 4 HOSE FOR YARD S 73 5520 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 37.08 1 3010055 CASE WATER BOTTLES 24PK QTY:6 73 5700 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 186.37 1 3021405 CORP OFFICE REMODEL/SHARPENER,MASK PAPER,BLAD 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 82.68 1 3104791 GENERAL SUPPLIES/GLOVES 01 5700 204 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 43.28 1 3514367 HAND TORCH 11 5700 300 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 61.8 1 5022285 CASE WATER BOTTLES 24PK QTY:10 71 5700 540 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 103.82 1 6533351 RAIN JACKETS 71 5700 540 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 29.21 1 7020009 TOW HITCH LOCK #6003 01 5700 600 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 61.8 1 7512177 CASE WATER BOTTLES 24PK QTY:10 71 5700 540 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 35.6 1 8020912 PVC 90' ELBOW FOR LEAK 01 5711 600 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 14.04 1 8020913 PVC COUPLING 05 5711 650 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 8.63 1 8022955 D.P.D NEW SPEAKERS 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 12.2 1 8514775 TOILET HANDLE 01 5700 204 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 139.55 1 8534052 HEATER FOR PARTS ROOM 73 5700 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 9.26 1 9020817 U-BOLTS/SPECIAL EQUIPMENT REPAIR 81 5520 900 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 9.07 1 9020858 THREADED CAPS FOR IRRIGATION 05 5711 650 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 95.22 1 9022822 DOG SHELTER REPAIRS/WALL PANELS 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 11.82 1 9532221 U-BOLTS/SPECIAL EQUIPMENT REPAIR 81 5520 900 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 5.15 1 9532285 AIRPORT REMODEL/LOW VOLTAGE OLD WORK 01 5700 800 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 92.34 1 9533955 RESTROOM CLEANING SUPPLIES/FEBREEZE/TOILET PA 73 5700 720 11/16/2023 39763 HOM02 HOME DEPOT CREDIT SVCS 12.63 1 9533963 SELF TAPPING SCREWS 11 5700 300 HOM02 Total 2664.88
11/16/2023 39764 HOP01 ANTHONY HOPKINS 6914.25 1 23-23 PROFESSIONAL SVCS/10/28/23-11/10/23 01 5524 410 HOP01 Total 6914.25
11/16/2023 39765 IMA00 IMAGE 2000 321.51 1 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 125 11/16/2023 39765 IMA00 IMAGE 2000 1852.11 2 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 120 11/16/2023 39765 IMA00 IMAGE 2000 152.46 3 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 170 11/16/2023 39765 IMA00 IMAGE 2000 286.35 4 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 410 11/16/2023 39765 IMA00 IMAGE 2000 331.56 5 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 410 11/16/2023 39765 IMA00 IMAGE 2000 35.25 6 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 72 5302 570 11/16/2023 39765 IMA00 IMAGE 2000 490.51 7 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 110 11/16/2023 39765 IMA00 IMAGE 2000 113.66 8 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 600 11/16/2023 39765 IMA00 IMAGE 2000 293.39 9 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 75 5302 350 11/16/2023 39765 IMA00 IMAGE 2000 97.19 10 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 11 5302 300 11/16/2023 39765 IMA00 IMAGE 2000 281.73 11 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 71 5302 540 11/16/2023 39765 IMA00 IMAGE 2000 81.2 12 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 81 5302 900 11/16/2023 39765 IMA00 IMAGE 2000 2667.43 13 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 200 11/16/2023 39765 IMA00 IMAGE 2000 97.92 14 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5522 800 11/16/2023 39765 IMA00 IMAGE 2000 503.02 15 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 610 11/16/2023 39765 IMA00 IMAGE 2000 2154.23 16 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 170 11/16/2023 39765 IMA00 IMAGE 2000 275.98 17 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 01 5302 204 11/16/2023 39765 IMA00 IMAGE 2000 181.5 18 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 11 5302 300 11/16/2023 39765 IMA00 IMAGE 2000 295.01 19 638807 COPY CHARGES: JULY-SEPTEMBER 2023/MULTI DEPTS 84 5302 140 IMA00 Total 10512.01
11/16/2023 39766 INF04 INFOSEND, INC 849.38 1 249756 INSERT-211 SERVICES 73 5301 740 11/16/2023 39766 INF04 INFOSEND, INC 804.2 2 249756 INSERT-CAREERS 01 5301 120 11/16/2023 39766 INF04 INFOSEND, INC 804.2 3 249756 INSERT-LIHWAP 73 5301 740 11/16/2023 39766 INF04 INFOSEND, INC 8439.03 4 249756 OCT'23 POSTAGE/MAIL 73 5301 740 INF04 Total 10896.81
11/16/2023 39767 JAU06 MARGARITO JAUREGUI 335 1 11072023 ACTIVE SHOOTER RESPONSE INSTRUCTOR(12/11-12/1 01 5440 200 JAU06 Total 335
11/16/2023 39768 JIM01 JIM BURKE FORD 10.08 1 1548306 #3537 DART/BRAKE MASTER CYLINDER CAP 75 5510 350 JIM01 Total 10.08
11/16/2023 39769 JKA00 JKA ARCHITECTURE 18391 1 21938A CONSTRUCTION ADMINISTRATION SERVICES FOR THE 40 97AB 411 11/16/2023 39769 JKA00 JKA ARCHITECTURE 17014 1 21938B ELEVENTH AVENUE PARK EXPANSION PROJECT AT TH 40 97AB 411 JKA00 Total 35405
11/16/2023 39770 JMP00 JM PIPELINE CONSTRUCTION, 134900 1 2352 2023 RANDOLPH-LEXINGTON SEWER INTERCEPTOR PRO 72 880S 570 JMP00 Total 134900
11/16/2023 39771 JON18 JOHNSON CONTROLS SECURITY 264.48 1 39417562 QUARTERLY BILLING 11/01/23-1/31/2024 75 5534 350 JON18 Total 264.48
11/16/2023 39772 KER04 KERN TURF SUPPLY, INC -80.7 1 180935 CHURCH PROJECT/WRONG COLOR WIRE 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC -160.75 1 180938 CHURCH PROJECT/MISC SPRINKLER PARTS RETURNED 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 988.46 1 SI2192377 1'& 2' PVC PIPE FOR CHURCH EMPTY LOT PROJECT 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 609.88 1 SI2194391 PIPE FOR PROJECT IRRIGATOR 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 964.51 1 SI2194446 PIPE FOR 11TH AVE CHURCH PROJECT 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 378.24 1 SI2195704 MISC WIRE,GLUE, PRIMER FOR PVC PIPE 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 498.89 1 SI2195705 MISC SPRINKLER PARTS FOR IRRIGATION SYSTEM 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 499.57 1 SI2195706 REPLACE DAMAGED IRRIGATION WIRE @ GOLF COURSE 05 5711 650 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 264.18 1 SI2195707 REPLACE DAMAGED VALVE BOX COVERS 01 5711 600 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 80.7 1 SI2196796 RED 14 WIRE FOR IRRIGATION PROJECT 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 276.18 1 SI2196835 MISC IRRIGATION PARTS FOR EMPTY LOT 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 967.89 1 SI2199920 IRRIGATION VALVES FOR SPRINKLER SYSTEM 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 449.7 1 SI2204723 VALVE BOXES TO REPLACE DAMAGED OR BROKEN BOXE 40 820E 411 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 415.12 1 SI2204729 VALVE BOXES TO COVER IRRIGATION VALVES 01 5711 600 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 93.39 1 SI2204734 WINTER RYE GRASS FOR CORP YARD IN FRONT OF AR 01 5700 800 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 93.39 1 SI2205323 OVERSEED WINTER RYE 05 5700 650 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 190.52 1 SI2207417 RYESEED FOR RANGE @ COURSE 05 5700 650 11/16/2023 39772 KER04 KERN TURF SUPPLY, INC 467.64 1 SI2207419 SPRINKLERS FOR CHURCH PROJECT 40 820E 411 KER04 Total 6996.81
11/16/2023 39773 KER55 KERN OIL FILTER RECYCLING 45 1 41166 USED OIL PICKUP 81 5522 900 KER55 Total 45
11/16/2023 39774 KERC9 KERN COUNTY FIRE DEPARTME 687565.25 1 24-000091 PER AGREEMENT #600-2021(2022-28) 01 5550 250 KERC9 Total 687565.25
11/16/2023 39775 KRC00 KRC SAFETY CO., INC. 424.24 1 61049 STREET NAME BRACKETS 11 5702 300 11/16/2023 39775 KRC00 KRC SAFETY CO., INC. 334.18 1 61050 GLASS BEADS FOR TRAFFIC PAINT 11 5702 300 11/16/2023 39775 KRC00 KRC SAFETY CO., INC. 999.15 1 61399 RED PAINT & TRAFFIC BEADS 11 5702 300 11/16/2023 39775 KRC00 KRC SAFETY CO., INC. 743.38 1 61401 STRIPING PAINT FOR 9TH/BROWNING X WALK 11 5702 300 11/16/2023 39775 KRC00 KRC SAFETY CO., INC. 133.74 1 61402 SAFETY EQUIPMENT/SAFETY VESTS 01 5700 800 KRC00 Total 2634.69
11/16/2023 39776 LAF04 ELVIE LAFRADEZ 200 1 65642 REBATE FOR 2 NEW HET/PROJECT:RETROFIT 500 TOI 73 80BA 720 LAF04 Total 200
11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 511 1 252148 CLIENT/MATTER NO.:DE010-00055 01 5529 190 11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 103.5 1 252157 CLIENT/MATTER NO.:DE010-00054 01 5529 190 11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 127.5 1 252180 CLIENT/MATTER NO.:DE010-00051 01 5529 190 11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 1107 1 252190 CLIENT/MATTER NO.:DE010-00050 01 5529 190 11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 172.5 1 252201 CLIENT/MATTER NO.:DE010-00049 01 5529 190 11/16/2023 39777 LIE02 LIEBERT CASSIDY WHITMORE 7900 1 253196 CLIENT/MATTER NO:DE010-00001 01 5529 190 LIE02 Total 9921.5
11/16/2023 39778 MAC28 MAC GENERAL ENGINEERING, 109753.8 1 1 2022 20TH AVENUE & NORWALK STREET PAVEMENT 12 92AL 320 11/16/2023 39778 MAC28 MAC GENERAL ENGINEERING, 525611.7 2 1 2022 20TH AVENUE & NORWALK STREET PAVEMENT 40 92AL 411 MAC28 Total 635365.5
11/16/2023 39779 MAL09 VERONICA MALDONADO 99.98 1 10312023 RIMS CONFERENCE 10/09-10/13/23/PARKING FEES 01 5400 200 MAL09 Total 99.98
11/16/2023 39780 MAN16 SHAUN MANUELE 335 1 11072023 ACTIVE SHOOTER RESPONSE INSTRUCTOR(12/11-12/1 01 5440 200 MAN16 Total 335
11/16/2023 39781 MAT12 MATSON ALARM CO., INC 137.19 1 4044023 INSTALLED REPEATER TO IMPROVE SIGNAL/MULTI DE 01 5522 110 11/16/2023 39781 MAT12 MATSON ALARM CO., INC 137.19 2 4044023 INSTALLED REPEATER TO IMPROVE SIGNAL/MULTI DE 01 5522 125 11/16/2023 39781 MAT12 MATSON ALARM CO., INC 137.19 3 4044023 INSTALLED REPEATER TO IMPROVE SIGNAL/MULTI DE 01 5522 160 11/16/2023 39781 MAT12 MATSON ALARM CO., INC 137.19 4 4044023 INSTALLED REPEATER TO IMPROVE SIGNAL/MULTI DE 01 5522 410 11/16/2023 39781 MAT12 MATSON ALARM CO., INC 137.2 5 4044023 INSTALLED REPEATER TO IMPROVE SIGNAL/MULTI DE 01 5522 420 MAT12 Total 685.96
11/16/2023 39782 MENA8 ALBERTO MENDOZA DBA MENDO 950 1 36 #3537 TRANSIT BUS/VEHICLE DETAIL 75 5534 350 11/16/2023 39782 MENA8 ALBERTO MENDOZA DBA MENDO 850 1 37 #3530 TRANSIT BUS/VEHICLE DETAIL 75 5534 350 MENA8 Total 1800
11/16/2023 39783 MKN00 MKN & ASSOCIATES, INC 4988.68 1 1039443 2022 PLANT 6 BLENDING TANK AND BOOSTER STATIO 08 820C 108 MKN00 Total 4988.68
11/16/2023 39784 MOR03 MORRIS LEVIN & SON 292.08 1 10-C10580 AMMUNITION FOR CADETS 01 5442 200 11/16/2023 39784 MOR03 MORRIS LEVIN & SON 194.66 1 10-C12119 AMMUNITION FOR OFFICER GAY FOR TRAINING 01 5442 200 MOR03 Total 486.74
11/16/2023 39785 MUN17 AVENU INSIGHTS & ANALYTIC 500 1 06-017576 CLEARVIEW/STARS SVCS CA-Q2 2023 01 3200 001 MUN17 Total 500
11/16/2023 39786 NAT42 NATIONAL TRAINING CONCEPT 1024 1 23-239 ASRI TUITION/12/11-12/14/2023 SAN LUIS OBISPO 01 5440 200 NAT42 Total 1024
11/16/2023 39787 NEL03 NELMS SURVEYING, INC. 405 1 23118G-20 SURVEY SERVICES FOR BENCHMARK EXTENSION 01 5528 410 11/16/2023 39787 NEL03 NELMS SURVEYING, INC. 553.75 1 233236C-5 ENGINEERING SVCS/BASEMENT ON BELMONT STREET 01 5528 410 NEL03 Total 958.75
11/16/2023 39788 NOR25 NORTH BAKERSFIELD TOYOTA 643.5 1 53335 #90024 GARAGE/A/C CONTROLLER 81 5510 900 NOR25 Total 643.5
11/16/2023 39789 NUN17 PEDRO NUNEZ 74.44 1 90574 AQUATIC CENTER PROP 68 SIGN/SUPERGLUE,MAGNET 01 5700 410 12/4/2023 39789 NUN17 PEDRO NUNEZ -74.44 9000 90574 Ck# 039789 Reversed 01 5700 410 NUN17 Total 0
11/16/2023 39790 OFF07 ODP BUSINESS SOLUTIONS, L 45.77 1 678425001 BADGE HOLDER, RING BELL 75 5300 350 11/16/2023 39790 OFF07 ODP BUSINESS SOLUTIONS, L 39.73 1 679144001 TAPE, BATTERIES 75 5300 350 11/16/2023 39790 OFF07 ODP BUSINESS SOLUTIONS, L 17.95 1 679145001 MEASURING TAPE 75 5300 350 OFF07 Total 103.45
11/16/2023 39791 PAC35 PTS COMMUNICATIONS 53 1 2113818 OPERATIONAL PAY PHONE 75 5524 350 PAC35 Total 53
11/16/2023 39792 PAC45 PACIFIC PRODUCTS & SERVIC 554.9 1 32628 STREET NAME BLANKS 11 5702 300 PAC45 Total 554.9
11/16/2023 39793 PER52 PERFECT CARE LANDSCAPE-MA 12097.92 1 18122 SEPT. LANDSCAPE SERVICES FOR DISTRICTS 20 5522 001 11/16/2023 39793 PER52 PERFECT CARE LANDSCAPE-MA 585 1 18123 SEPT. LANDSCAPE SERVICES FOR P.D 01 5522 200 PER52 Total 12682.92
11/16/2023 39794 PER87 PERSPECTIVE DESIGN ARCHIT 15925 1 4049/1 DESIGN SERVICES FOR THE NAVIGATION CENTER AT 08 92AD 108 PER87 Total 15925
11/16/2023 39795 PLA11 PLATT 2791.77 1 4K24935 M3 COPER/PRO ACC-IT SUPPLIES 84 5700 140 11/16/2023 39795 PLA11 PLATT 54.11 1 4N79426 RECHARGEABLE HEADLAMP/CUTTING PLIERS 73 5560 720 11/16/2023 39795 PLA11 PLATT 6.24 1 4N83095 BLUE C6 PC QTY:3-IT SUPPLIES 84 5700 140 11/16/2023 39795 PLA11 PLATT 183.25 1 4O15553 SAFETY LAMPS FOR HARDHATS 73 5700 720 PLA11 Total 3035.37
11/16/2023 39796 POR21 PORTERVILLE FORD 51.65 1 560478 #D79 P.D/BRAKE FUID 01 5510 200 POR21 Total 51.65
11/16/2023 39797 POW10 POWERSTRIDE BATTERY CO,IN 122.79 1 B94931 #D77 P.D/BATTERY 01 5510 200 POW10 Total 122.79
11/16/2023 39798 PRO23 PORAC LAW ENFORCEMENT NEW 926.5 1 023-41662 1/4 PAGE FULL COLOR EMPLOYMENT AD/NOVEMBER 01 5303 120 PRO23 Total 926.5
11/16/2023 39799 QUA06 QUAD/KNOPF, INC 1638.4 1 120905 DESIGN SERVICES FOR TRAFFIC SIGNAL AND ROAD 54 900V 253 11/16/2023 39799 QUA06 QUAD/KNOPF, INC 1349.28 1 120912 2022 MLK PARK EXTENSION DESIGN 59 5524 240 11/16/2023 39799 QUA06 QUAD/KNOPF, INC 15047.87 1 120917 ATP-5 SRTS INTERSECTION ENHANCEMENT ATPL-5227 40 95AN 411 11/16/2023 39799 QUA06 QUAD/KNOPF, INC 27731.95 1 120920 INTERIM ON-CALL PLANNING SVCS/AGREEMENT NO.20 01 5524 125 QUA06 Total 45767.5
11/16/2023 39800 QUI01 QUILL LLC 228.88 1 34116129 ESSENTIAL SUPPLIES FOR PD/FOLDERS,INK,ENVELOP 01 5300 200 QUI01 Total 228.88
11/16/2023 39801 RAK02 RAKKAR DEVELOPMENT & CONS 213838.35 1 9 LARRY ITLIONG UNITY PARK PROJECT 40 930L 411 RAK02 Total 213838.35
11/16/2023 39802 RAS03 ROY RASAY 200 1 34735 REBATE FOR 2 NEW HET/PROJECT:RETROFIT 500 TOI 73 80BA 720 RAS03 Total 200
11/16/2023 39803 REA05 READYREFRESH BY NESTLE 81.44 1 23J-1023 ACCOUNT #6603061760 72 5700 570 11/16/2023 39803 REA05 READYREFRESH BY NESTLE 82.31 2 23J-1023 ACCOUNT #6603061760 01 5700 204 11/16/2023 39803 REA05 READYREFRESH BY NESTLE 30.65 3 23J-1023 ACCOUNT #6603061760 01 5700 170 11/16/2023 39803 REA05 READYREFRESH BY NESTLE 30.66 4 23J-1023 ACCOUNT #6603061760 73 5700 740 11/16/2023 39803 REA05 READYREFRESH BY NESTLE 3.89 5 23J-1023 ACCOUNT #6603061760 01 5300 120 REA05 Total 228.95
11/16/2023 39804 REL09 RELIABLE TRANSLATIONS, IN 228 1 26327 INTERPRETER 1 2HRS SPANISH 01 5524 105 11/16/2023 39804 REL09 RELIABLE TRANSLATIONS, IN 228 2 26327 INTERPRETER 2 2HRS SPANISH 01 5524 105 REL09 Total 456
11/16/2023 39805 RIC07 RICKS LOCK & KEY 204 1 731 LOCKS FOR AIRPORT 74 5700 370 RIC07 Total 204
11/16/2023 39806 RUI24 ERIC RUIZ 60 1 11012023 REIMBURSEMENT FOR WATER CERT RENEWAL 73 5423 720 RUI24 Total 60
11/16/2023 39807 SAB04 PAQUITO SABIO 80 1 1336 DOT REIMBURSEMENT P.SABIO 75 5524 350 SAB04 Total 80
11/16/2023 39808 SAC20 SAC STATE/COLLEGE OF CONT 275 1 6072023 OTS TRAFFIC SAFETY REGISTRION B.DIXON/JUN.27- 110 5700 111 G33 SAC20 Total 275
11/16/2023 39809 SAN34 SAN JOAQUIN PAINT & GLASS 481.93 1 130213 PAINT SUPPLIES 20 5709 001 11/16/2023 39809 SAN34 SAN JOAQUIN PAINT & GLASS 99.59 1 130449 PPG PREP 400/8 PREP SPRAY FOR GRAFITTI REMOVA 75 5700 350 SAN34 Total 581.52
11/16/2023 39810 SANJ4 SAN JOAQUIN VALLEY AIR PO 42 1 S172982 2023/24 ANNUAL PERMIT FOR FACILITY ID S2543 A 74 5522 370 SANJ4 Total 42
11/16/2023 39811 SEB00 KERTEL COMMUNICATIONS, IN 39.95 1 10773239 MAS#3339/BURG-NOVEMBER 2023 01 5524 120 11/16/2023 39811 SEB00 KERTEL COMMUNICATIONS, IN 49.95 2 10773239 MAS#3341/FIRE-NOVEMBER 2023 01 5524 120 11/16/2023 39811 SEB00 KERTEL COMMUNICATIONS, IN 69.95 1 10773734 ALARM MONITORING 75 5534 350 SEB00 Total 159.85
11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY -20.91 1 701185 #3335 WATER/CABIN AIR FILTER 73 5510 720 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY -323.3 1 702645 #6007 PARKS/STARTER 01 5510 600 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY -159.87 1 707168 #60051 PARKS/A/C CONDENSER 01 5510 600 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY -53.9 1 710500 #615 GOVT. BUILDING/IDLE AIR VAVLE 01 5510 800 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 19.74 1 711145 #3517 DART/HOSE EXTENSION 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 82.62 1 711159 #D66 PD/MOTOR OIL + FILTER 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 19.74 1 711164 #30021 STREET/OIL 11 5510 300 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 80.62 1 711215 #304B REFUSE/CAP-CONNECTER-BULB 71 5510 540 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 78.56 1 711228 #D65 P.D/MOTOR OIL + FILTER 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 34.83 1 711237 #D65 P.D/REAR WIPER ARM 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 48.8 1 711442 #D65 PD/AIR FILTER-WD40 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 41.87 1 711459 #210 PD/MOTOR OIL + FILTER 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 48.6 1 711483 #3417 DART/COOLANT 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 6.95 1 711516 #210 P.D/EPOXY 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 125.76 1 711525 #3537 DART/MOTOR OIL + FILTER 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 230.38 1 711533 #3528 DART/MOTOR OIL + FILTER + ENGINE MOUNT 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 138.67 1 711551 #3537 DART/BRAKE PADS 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 27.64 1 711573 #3545 DART/WASH BRUSH-WASHER FLUID 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 75.02 1 711576 #3701 AIRPORT/MOTOR OIL + FILTER 74 5510 370 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 91.02 1 711577 #3528 DART/WASHER RESERVOIR 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY -21.48 1 711579 #3545 DART/WASH BRUSH 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 9.49 1 711580 #3545 DART/BRUSH 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 22.67 1 711585 #3701 AIRPORT/SWAY BAR LINKS 74 5510 370 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 23.79 1 711593 #3545 DART/WAX-BUG REMOVER 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 3.46 1 711596 #3545 DART/CLEANING PADS 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 25.42 1 711621 #128 PD/POWER STEERING FLUID 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 24.2 1 711682 #6007 PARKS/FUEL FILTER 01 5510 600 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 59.61 1 711684 #615 GOVT. BUILDLING/BLOWER MOTOR 01 5510 800 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 48.53 1 711708 #D79 PD/WIPERS 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 51.31 1 711712 #3537 DART/BELT 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 64.84 1 711713 #D103 PD/MOTOR OIL + FILTER 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 454.12 1 711720 #90018 GARAGE/COMPRESSOR OIL + FILTER 81 5520 900 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 87.09 1 711746 #401 STREETS/ WINDOW REGULATOR 11 5510 300 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 6.16 1 711863 #D103 PD/WASHER FLUID 01 5510 200 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 61.7 1 711882 #MD2 MAINTENANCE DIST./ENGINE OIL 20 5510 001 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 223.29 1 711883 #3522 DART/MOTOR OIL + FILTER 75 5510 350 11/16/2023 39812 SEV01 SEVIER'S AUTO SUPPLY 6.02 1 711885 #3522 DART/DRAIN PLUG 75 5510 350 SEV01 Total 1743.06
11/16/2023 39813 SHE52 THE SHERWIN WILLIAMS CO 285.73 1 7229-6 GENERAL PAINT SUPPLIES/YELLOW GALLON/ACTVR QU 73 5700 720 SHE52 Total 285.73
11/16/2023 39814 SIE10 SIERRA SCHOOL EQUIPMENT C 3614.68 1 413089 PURCHASE OF A NEW WHITEBOARD FOR TRANSIT 75 5300 350 SIE10 Total 3614.68
11/16/2023 39815 SIL05 SILVAS OIL COMPANY, INC 26798.94 1 853855 CLEAR DIESEL QUOTE 81 5584 900 SIL05 Total 26798.94
11/16/2023 39816 SIT02 SITEONE LANDSCAPE SUPPLY, 43.28 1 134514397 4" TRENCHING SHOVELS 01 5700 600 11/16/2023 39816 SIT02 SITEONE LANDSCAPE SUPPLY, 43.28 1 134514593 4" TRENCHING SHOVEL FOR GOLF COURE PROJECT 05 5700 650 SIT02 Total 86.56
11/16/2023 39817 SJV04 SJVAPCD 84 1 S172981 23/24 ANNUAL PERMIT, FACILITY ID S2530 81 5662 900 SJV04 Total 84
11/16/2023 39818 SMA02 SMART & FINAL 17.41 1 778811 GENERAL SUPPLIES/WATER-PLATES/BOWLS 81 5700 900 11/16/2023 39818 SMA02 SMART & FINAL 49.55 1 882288 SUPPLIES FOR METINGS(C.M/CITY CLERK)/WATER,CU 01 5700 110 11/16/2023 39818 SMA02 SMART & FINAL 49.56 2 882288 SUPPLIES FOR METINGS(C.M/CITY CLERK)/WATER,CU 01 5700 160 SMA02 Total 116.52
11/16/2023 39819 SOC02 SoCalGas 98.32 1 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 01 5239 200 11/16/2023 39819 SOC02 SoCalGas 393.58 2 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 01 5239 800 11/16/2023 39819 SOC02 SoCalGas 121.61 3 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 01 5239 810 11/16/2023 39819 SOC02 SoCalGas 38.61 4 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 73 5239 720 11/16/2023 39819 SOC02 SoCalGas 12.32 5 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 74 5239 370 11/16/2023 39819 SOC02 SoCalGas 319.05 6 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 76 5239 276 11/16/2023 39819 SOC02 SoCalGas 120.27 7 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 81 5239 900 11/16/2023 39819 SOC02 SoCalGas 6088.73 8 VEMBER-23 OCT. NATURAL GAS CHARGES/MULTI DEPTS 81 5583 910 SOC02 Total 7192.49
11/16/2023 39820 SOL18 SOILS ENGINEERING, INC. 1760.4 1 35798 COMPACTION TESTING FOR AQUATIC CENTER PROJECT 40 97AB 411 SOL18 Total 1760.4
11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 1687.39 1 2698 DIAGNOSE AND REPAIR LEAK 01 5871 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 24152.68 1 2714 REPLACE FAILED COMPRESSOR IN EAST UNIT WITH N 01 5700 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 1030.93 1 2758 REPLACEMENT FILTERS FOR ALL BUILDINGS 01 5871 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 1017.55 1 2759 TWO REPLACEMENT MOTORS FOR A/C UNITS CITY HAL 01 5871 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 4474.15 1 2763 INSPECT AND CLEAN COMPRESSORS ON A/C UNIT 01 5700 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 1838.33 1 2770 DIAGNOSE AND REPAIR LEAK 01 5871 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 12375 1 2785 PURCHASE 2 SPARE CONDENSER FAN MOTORS FOR P.D 01 5700 800 11/16/2023 39821 SOU41 SOUTH VALLEY MECHANICAL 1674.57 1 2807 DIAGNOSE AND REPAIR WWTP BREAK ROOM A/C 01 5871 800 SOU41 Total 48250.6
11/16/2023 39822 SOU46 SOUTHERN TIRE MART LLC 138.31 1 170001269 #425 STREETS/SERVICE CALL + FLAT REPAIR 11 5510 300 11/16/2023 39822 SOU46 SOUTHERN TIRE MART LLC 411 1 170001394 #3528 DART/2 NEW TIRES 75 5510 350 SOU46 Total 549.31
11/16/2023 39823 SPA20 SPARKLETTS 11.4 1 101423 DRINKING WATER- CORP YARD 11 5700 300 11/16/2023 39823 SPA20 SPARKLETTS 11.4 2 101423 DRINKING WATER- CORP YARD 71 5700 530 11/16/2023 39823 SPA20 SPARKLETTS 11.4 3 101423 DRINKING WATER- CORP YARD 71 5700 540 11/16/2023 39823 SPA20 SPARKLETTS 11.4 4 101423 DRINKING WATER- CORP YARD 73 5700 720 11/16/2023 39823 SPA20 SPARKLETTS 11.4 5 101423 DRINKING WATER- CORP YARD 81 5700 900 11/16/2023 39823 SPA20 SPARKLETTS 11.4 6 101423 DRINKING WATER- CORP YARD 01 5700 600 11/16/2023 39823 SPA20 SPARKLETTS 11.41 7 101423 DRINKING WATER- CORP YARD 74 5700 370 11/16/2023 39823 SPA20 SPARKLETTS 11.41 8 101423 DRINKING WATER- CORP YARD 01 5700 800 11/16/2023 39823 SPA20 SPARKLETTS 7.71 9 101423 DRINKING WATER-CITY HALL 2ND FLOOR 01 5700 410 11/16/2023 39823 SPA20 SPARKLETTS 7.72 10 101423 DRINKING WATER-CITY HALL 2ND FLOOR 01 5700 420 11/16/2023 39823 SPA20 SPARKLETTS 7.72 11 101423 DRINKING WATER-CITY HALL 2ND FLOOR 01 5700 125 11/16/2023 39823 SPA20 SPARKLETTS 136.28 12 101423 DRINKING WATER-POLICE DEPARTMENT 01 5700 200 SPA20 Total 250.65
11/16/2023 39824 SPD01 SPD PRINTING & ACCURATE S 57.68 1 19562 PRINTING OPERATORS DAILY LOG SHEETS 73 5302 720 SPD01 Total 57.68
11/16/2023 39825 SPE13 SPECIALTY FLEET SERVICES 41943.87 1 4485 STREET SWEEPER UNIT 442 CNG TANK REPLACEMENT 71 5510 530 SPE13 Total 41943.87
11/16/2023 39826 STA60 STATEWIDE TRAFFIC SAFETY 204.13 1 12018372 GLASS BEADS FOR PAINT 11 5702 300 STA60 Total 204.13
11/16/2023 39827 STA74 STANDARD INDUSTRIES 71250 1 23419-1 2023 DELANO ANTENNA TOWERS PROJECT 40 80DI 411 STA74 Total 71250
11/16/2023 39828 TEN01 TEN-WEST TOWING 132 1 926-28769 FUEL DISPOSAL 74 5522 370 TEN01 Total 132
11/16/2023 39829 THE71 THE OPEN DOOR NETWORK 40883.47 1 9302023DV PERSONNEL 09/01/23-09/30/23 110 5524 111 G29 11/16/2023 39829 THE71 THE OPEN DOOR NETWORK 11450.76 2 9302023DV OPERATING 09/01/23-09/30/23 110 5524 111 G29 THE71 Total 52334.23
11/16/2023 39830 TRA03 TRAFFIC PARTS 756.16 1 548619 OPEN P.O. FROM JULY - DECEMBER 2023 10 5700 201 TRA03 Total 756.16
11/16/2023 39831 TRO03 TROPHIES'S ETC 68 1 112191 ROSEWOOD PAINO FINISH PLAQUE/G. LOPEZ 01 5779 120 11/16/2023 39831 TRO03 TROPHIES'S ETC 58 2 112191 ROSEWOOD PAINO FINISH PLAQUE/P. LOPEZ 01 5779 120 11/16/2023 39831 TRO03 TROPHIES'S ETC 10.4 3 112191 ROSEWOOD PAINO FINISH PLAQUE/SALES TAX 01 5779 120 TRO03 Total 136.4
11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 1350 1 10733114 POST BACKGROUND INVESTIGATION/C.FERNANDEZ 01 5524 120 11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 27 2 10733114 CREDIT REPORT/C.FERNANDEZ 01 5524 120 11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 78.6 3 10733114 TRANS-MILEAGE/C.FERNANDEZ 01 5524 120 11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 1350 1 10733115 POST BACKGROUND INVESTIGATION/D.SAVOIE 01 5524 120 11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 27 2 10733115 CREDIT REPORT/D.SAVOIE 01 5524 120 11/16/2023 39832 TRU16 TRUVIEW BSI, LLC 4.59 3 10733115 TRANS-MILEAGE/D.SAVOIE 01 5524 120 TRU16 Total 2837.19
11/16/2023 39833 TRU19 TRUSAIC 990 1 NV-032323 NOV. 2023 ACA MONTHLY RECURRING 01 5522 170 11/16/2023 39833 TRU19 TRUSAIC 990 2 NV-032323 NOV. 2023 ACA MONTHLY RECURRING 01 5524 120 TRU19 Total 1980
11/16/2023 39834 TUR05 TURF STAR, INC 207.42 1 304650-00 #60065 PARKS/PIVOT SHAFT 01 5520 600 TUR05 Total 207.42
11/16/2023 39835 U.S01 U.S. POSTAL SERVICE 1922 1 11302023 POST OFFICE BOX SERVICE FEE(1 YEAR) BOX#218 01 5301 200 11/22/2023 39835 U.S01 U.S. POSTAL SERVICE -1922 9000 11302023 Ck# 039835 Reversed 01 5301 200 U.S01 Total 0
11/16/2023 39836 UNI55 UNITED MUNICIPAL SECURITY 312.1 1 92604 1 CD UDB BANK CA 01 3500 001 UNI55 Total 312.1
11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 998.44 1 51583530 OPEN P.O. FROM JULY - DECEMBER 2023 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 1411.59 1 51583531 OPEN P.O. FROM JULY - DECEMBER 2023 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 611.83 1 51583534 WELL 26 SULFURIC ( USED FOR WATER TREATMENT) 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 1452.41 1 51583536 OPEN P.O. FROM JULY - DECEMBER 2023 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 1015.66 1 51602573 OPEN P.O. FROM JULY - DECEMBER 2023 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 688.58 1 51602575 WELL 39 CAUSTIC/USED FOR WATER TREATMENT 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 2012.98 1 51602576 OPEN P.O. FROM JULY - DECEMBER 2023 73 5717 720 11/16/2023 39837 UNI65 UNIVAR SOLUTIONS 713.8 1 51602577 WELL 26 SULFURIC/USED FOR WATER TREATMENT 73 5717 720 UNI65 Total 8905.29
11/16/2023 39838 VOL02 VOLLMER EXCAVATION, INC 692.8 1 44602 BASE ROCK LOAD #3 OF 3 73 91AK 720 11/16/2023 39838 VOL02 VOLLMER EXCAVATION, INC 715.69 1 44603 SAND LOAD #1 OF 3 73 91AK 720 VOL02 Total 1408.49
11/16/2023 39839 WAL15 CAPITAL ONE 129 1 63210 CAT FOOD 01 5700 204 11/16/2023 39839 WAL15 CAPITAL ONE 70.36 1 84259 TRAINING PADS 01 5700 204 11/16/2023 39839 WAL15 CAPITAL ONE 148.74 1 380834 PUMPKINS FOR SENIORS 15 5700 680 11/16/2023 39839 WAL15 CAPITAL ONE 29.13 1 634307 ART SUPPLIES FOR SENIORS 15 5700 680 11/16/2023 39839 WAL15 CAPITAL ONE 209.27 1 390702 CANDY FOR DPD FESTIVAL 75 5306 350 11/16/2023 39839 WAL15 CAPITAL ONE 20.96 1 400214095 SEASONAL DECORE/OFFICE 75 5300 350 WAL15 Total 607.46
11/16/2023 39840 WEX00 WEX BANK 319.54 1 92582914 FUEL PURCHASES 01 5511 200 WEX00 Total 319.54
11/16/2023 39841 WIL24 WILBUR-ELLIS COMPANY LLC 235.77 1 16061806 2ND SPP FOR GREENS FUNGICIDE 05 5700 650 11/16/2023 39841 WIL24 WILBUR-ELLIS COMPANY LLC 522.85 1 16106345 SOIL SOFTENER TO REDUCE HARD SPOTS 05 5700 650 11/16/2023 39841 WIL24 WILBUR-ELLIS COMPANY LLC 361.68 1 16115761 FERTILIZER FOR GREENS 05 5700 650 11/16/2023 39841 WIL24 WILBUR-ELLIS COMPANY LLC 249.68 1 16115793 MICRO GREENS FERTILIZER FOR T-BOXES 05 5700 650 WIL24 Total 1369.98
11/16/2023 39842 unW00 UNWIRED BROADBAND, LLC 279.99 1 V01820046 NOV. SYMMETRICAL SVCS/11/22/2023-12/21/2023 73 5203 720 unW00 Total 279.99
11/16/2023 39843 BRE06 BRENDA A. LOPEZ 30 1 AUGUST'23 YOGA CLASSES 3 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 50 2 AUGUST'23 YOGA CLASSES 5 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 40 3 AUGUST'23 YOGA CLASSES 4 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 50 4 AUGUST'23 YOGA CLASSES 5 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 30 5 AUGUST'23 YOGA CLASSES 3 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 10 6 AUGUST'23 YOGA CLASSES 1 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 20 7 AUGUST'23 YOGA CLASSES 2 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 10 8 AUGUST'23 YOGA CLASSES 1 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 30 9 AUGUST'23 YOGA CLASSES 3 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ 40 10 AUGUST'23 YOGA CLASSES 4 ATTENDEES X $10.00 01 3843 11/16/2023 39843 BRE06 BRENDA A. LOPEZ -62 11 AUGUST'23 20% OF FEE'S COLLECTED/PAID TO CITY OF DELANO 01 3843 BRE06 Total 248
11/21/2023 39844 PRE11 PREMIER ACCESS INSURANCE 11416.85 1 DEC'23 DENTAL INSURANCE PREMIUMS DIV.01 DECEMBER 20 01 2219 410 11/21/2023 39844 PRE11 PREMIER ACCESS INSURANCE 241.89 2 DEC'23 DENTAL INSURANCE PREMIUMS DIV.01 ADJUSTMENTS 01 2219 410 11/21/2023 39844 PRE11 PREMIER ACCESS INSURANCE 67.14 3 DEC'23 COBRA DENTAL PREMIUMS DIV.8001 POLICY#11275 D 01 2219 410 PRE11 Total 11725.88
11/27/2023 39845 U.S01 U.S. POSTAL SERVICE 1922 1 11302023A PO BOX SVC FEE 1 YEAR/EPA-1000089724 CHECK RE 01 5301 200 U.S01 Total 1922
11/28/2023 39846 WEL07 WELLS FARGO 3464 1 NOV2023 CONVENANT SECURITY EQUIPMENT 01 5700 800 11/28/2023 39846 WEL07 WELLS FARGO 497.64 2 NOV2023 BNI BUILDING NEWS 01 5700 410 11/28/2023 39846 WEL07 WELLS FARGO 9 3 NOV2023 REVEAL BY TACTACAM XTRA OCT24-NOV24 01 57002 200 11/28/2023 39846 WEL07 WELLS FARGO 13 4 NOV2023 REVEAL BY TACTACAM OCT27-NOV27 01 57002 200 11/28/2023 39846 WEL07 WELLS FARGO 57.57 5 NOV2023 SMART & FINAL SIT OPS OCT 06,23 VARIOUS AGENC 01 5455 200 11/28/2023 39846 WEL07 WELLS FARGO 15.8 6 NOV2023 VALLARTA SIT OPS OCT 06,23 VARIOUS AGENCIES 01 5455 200 11/28/2023 39846 WEL07 WELLS FARGO 259.63 7 NOV2023 TONYS PIZZA SIT OPS OCT 06,23 VARIOUS AGENCIE 01 5455 200 11/28/2023 39846 WEL07 WELLS FARGO 194.34 8 NOV2023 WALMART MCFARLAND PD TRUNK OR TREAT 91 2233 005 11/28/2023 39846 WEL07 WELLS FARGO 550 9 NOV2023 CA TRANSIT ASSOCIATION CONFERENCE - V. APALIS 75 5400 350 11/28/2023 39846 WEL07 WELLS FARGO 39.99 10 NOV2023 CAR WASH FOR UNIT #3545 75 5510 350 11/28/2023 39846 WEL07 WELLS FARGO 19.99 11 NOV2023 CAR WASH FOR UNIT #3541 75 5510 350 11/28/2023 39846 WEL07 WELLS FARGO 19.99 12 NOV2023 CAR WASH FOR UNIT #3542 75 5510 350 11/28/2023 39846 WEL07 WELLS FARGO 19.99 13 NOV2023 CAR WASH FOR UNIT #3543 75 5510 350 11/28/2023 39846 WEL07 WELLS FARGO 19.99 14 NOV2023 CAR WASH FOR UNIT #3544 75 5510 350 11/28/2023 39846 WEL07 WELLS FARGO 16.69 15 NOV2023 WALMART - SUPPLIES FOR CERTIFICATE RECOGNITIO 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 350 16 NOV2023 CORCORAN PRINTING INC -CERTIFICATE RECOGNITIO 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 550.63 17 NOV2023 CORCORAN PRINTING INC -CERTIFICATE RECOGNITIO 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 43.75 18 NOV2023 WALMART -CERTIFICATE HOLDERS 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 1741 19 NOV2023 4 IMPRINT - TABLE LINENS & BACK DROP 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 1.07 20 NOV2023 MICHAEL'S STORES - SUPPLIES FOR GRAND MARSHAL 01 5700 100 11/28/2023 39846 WEL07 WELLS FARGO 212 21 NOV2023 JAMF NOW SUBSCRIPTION NOV 3 - DEC 03 84 5522 140 11/28/2023 39846 WEL07 WELLS FARGO 42.8 22 NOV2023 USB & HEADSET FOR TRANSIT 75 5700 350 11/28/2023 39846 WEL07 WELLS FARGO 50.37 23 NOV2023 UBER FROM HOTEL TO AIRPORT M,REYNA 01 5400 110 11/28/2023 39846 WEL07 WELLS FARGO 1407.68 24 NOV2023 FAIRMONT AUSTIN HOTEL SEPT 30- OCT 04 01 5400 110 11/28/2023 39846 WEL07 WELLS FARGO 106 25 NOV2023 AMAZON - QTY 10 LACROSSE BALL FOR YOGA 01 5611 610 11/28/2023 39846 WEL07 WELLS FARGO 107.14 26 NOV2023 AMAZON -(2)10PK YOGA MATS 01 5611 610 11/28/2023 39846 WEL07 WELLS FARGO 51.04 27 NOV2023 AMAZON - (3)6PK FLASHLIGHTS FOR REC 01 5611 610 11/28/2023 39846 WEL07 WELLS FARGO 53.55 28 NOV2023 AMAZON - (5)LACROSSE BALL FOR YOGA 01 5611 610 11/28/2023 39846 WEL07 WELLS FARGO 85 29 NOV2023 NAYS YOUTH SPORTS TRAINIG R. LUGO 01 5423 610 11/28/2023 39846 WEL07 WELLS FARGO 30 30 NOV2023 NAYS YOUTH SPORTS TRAINIG R. LUGO 01 5423 610 11/28/2023 39846 WEL07 WELLS FARGO 565.13 31 NOV2023 HILTON HOTEL ROOMS NOV 6-NOV 9 R.LUGO 01 5400 610 11/28/2023 39846 WEL07 WELLS FARGO 46.51 32 NOV2023 AMAZON SUPPLIES FOR REC ELLINGTON CENTER 01 5300 610 11/28/2023 39846 WEL07 WELLS FARGO 50 33 NOV2023 CA AQUATIC MANAGEMENT SCHOOL TRAINING R. LUGO 01 5400 610 11/28/2023 39846 WEL07 WELLS FARGO 421.09 34 NOV2023 AMAZON 3 (72 CANS) TENNIS BALLS 01 5611 610 11/28/2023 39846 WEL07 WELLS FARGO 150 35 NOV2023 LEXIS NEXIS RISK SOLUTIONS SEPT 2023 01 5522 200 11/28/2023 39846 WEL07 WELLS FARGO 676.25 36 NOV2023 AMAZON PD MERCH 91 2233 005 11/28/2023 39846 WEL07 WELLS FARGO 612.99 37 NOV2023 AMAZON PD MERCH 91 2233 005 11/28/2023 39846 WEL07 WELLS FARGO 1549.01 38 NOV2023 4IMPRINT PD MERCH 91 2233 005 11/28/2023 39846 WEL07 WELLS FARGO 204.06 39 NOV2023 KNOTTS HOTEL OCT 24-OCT26 J, NICHOLSON 01 5441 200 11/28/2023 39846 WEL07 WELLS FARGO 204.06 40 NOV2023 KNOTTS HOTEL OCT 24-OCT26 TRIGO 01 5441 200 11/28/2023 39846 WEL07 WELLS FARGO 541 41 NOV2023 AMAZON PD MERCH 91 2233 005 11/28/2023 39846 WEL07 WELLS FARGO 204.06 42 NOV2023 KNOTTS HOTEL OCT24-OCT26 J.NICOLSON 01 5441 200 11/28/2023 39846 WEL07 WELLS FARGO 204.06 43 NOV2023 KNOTTS HOTEL OCT24-OCT26 J.TRIGO 01 5441 200 11/28/2023 39846 WEL07 WELLS FARGO 30 44 NOV2023 KNOTTS HOTEL OCT24-OCT26 PARKING FEE 01 5441 200 11/28/2023 39846 WEL07 WELLS FARGO 150 45 NOV2023 LEXIS NEXIS RISK SOLUTIONS OCT 2023 01 5522 200 11/28/2023 39846 WEL07 WELLS FARGO 20.4 46 NOV2023 DOLLAR TREE TABLE COVERS FOR EMPLOYEE APPRECI 01 5779 110 11/28/2023 39846 WEL07 WELLS FARGO 140 47 NOV2023 ASE TEST FEES C. HERNANDEZ 81 5524 900 11/28/2023 39846 WEL07 WELLS FARGO 87 48 NOV2023 ASE TEST FEES G.AMAYA 81 5524 900 11/28/2023 39846 WEL07 WELLS FARGO 140 49 NOV2023 ASE TEST FEES DE LA TORRE R. 81 5524 900 11/28/2023 39846 WEL07 WELLS FARGO 142.4 50 NOV2023 WINSUPPLY QTY 3 VALVES FOR PARKS 01 5700 600 11/28/2023 39846 WEL07 WELLS FARGO 157.77 51 NOV2023 COURTYARD HOTEL ROOM J. SANCHEZ 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 1.5 52 NOV2023 BIOMETRICS SERVICE OCT 3, 2023 01 5522 200 11/28/2023 39846 WEL07 WELLS FARGO 171.47 53 NOV2023 RESIDENCE INN HOTLE ROOM OCT 01-OCT 06 J, SAN 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 579.2 54 NOV2023 HARVEYS CASINO HOTEL ROOM OCT 8-OCT13 V.MALDO 01 5400 200 11/28/2023 39846 WEL07 WELLS FARGO 579.2 55 NOV2023 HARVEYS CASINO HOTEL ROOM OCT 8-OCT13 A.LOPEZ 01 5400 200 11/28/2023 39846 WEL07 WELLS FARGO 320.7 56 NOV2023 LAKE NATOMA ROOM OCT 08-OCT 11 J.ORTIZ 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 171.47 57 NOV2023 RESIDENCE INN HOTEL ROOM OCT 01-OCT06 J.SANCH 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO -157.77 58 NOV2023 REFUND **HOTEL ROOM COURTYARD MORGAN HILL 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 839.9 59 NOV2023 HOLIDAY INN HOTEL ROOM OCT 15-OCT 20 P.GAY 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 878.73 60 NOV2023 HOTEL ROOM FOR OCT 15-OCT 20 P.GAY 01 5440 200 11/28/2023 39846 WEL07 WELLS FARGO 939.71 61 NOV2023 4IMPRINT HR SUPPLIES 01 5303 120 11/28/2023 39846 WEL07 WELLS FARGO 27.95 62 NOV2023 SMART AND FINAL TRAINING SUPPLIES FOR HR 01 5400 120 11/28/2023 39846 WEL07 WELLS FARGO 150 63 NOV2023 LIEBERT CASSIDY WHITMORE TRAINING FOR HR 01 5400 120 11/28/2023 39846 WEL07 WELLS FARGO 52.1 64 NOV2023 99 CENTS ONLY SUPPLIES FOR TRUNK OR TREAT OCT 01 5300 120 11/28/2023 39846 WEL07 WELLS FARGO 53.04 65 NOV2023 CVOS INC SUPPLIES FOR CTRAIN 01 5300 120 11/28/2023 39846 WEL07 WELLS FARGO 85 66 NOV2023 GOVERNMENT FINANCE OFFICE TRAINING R.RIOS 84 5400 140 11/28/2023 39846 WEL07 WELLS FARGO 1197 67 NOV2023 GFOA ACCOUNTING ACADEMY - E.RODRIGUEZ 01 5423 170 11/28/2023 39846 WEL07 WELLS FARGO 575 68 NOV2023 GOVERNMENT FINANCE BUDGET REVIEW AWARD APPLIC 01 5423 170 11/28/2023 39846 WEL07 WELLS FARGO 130 69 NOV2023 MISAC CENTRAL FULL MEMBER 2023-2024 R.RIOS 84 5423 140 WEL07 Total 22919.64
Grand Total 3,015,730.49 SUB TOTAL $ 3,015,730.49
TOTAL $ 3,015,730.49
PAYROLL - 11/24/2023 $ 1,045,623.71
TOTAL $ 1,045,623.71
GRAND TOTAL $ 4,061,354.20
11/3/2023
STMT
OBJECT Date Vendor Name City Description Amount
ROMAN DOWLING 01-5700-800 10/03/23 COVENANT SECURITY EQUIPMENT COVENANT SECONDARY SYSTEM - WINDOW INTERCOM/BULLET RESISTENT/ADAPTER PLATES (1) 3,464.00 01-5700-410 10/18/23 BNI BUILDING NEWS (3) GREENBOOK/STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION BOOK & EBOOK COMBO FOR P.NUNEZ 497.64 TOTAL 3,961.64
PETER LOPEZ 01-57002-200 10/24/23 REVEAL BY TACTACAM REVEAL XTRA OCT 24-NOV 24, 2023 9.00 01-57002-200 10/27/23 REVEAL BY TACTACAM REVEAL MONTHLY PLAN OCT 27-NOV 27, 2023 13.00 TOTAL 22.00
CECILIO VELASCO 01-5455-200 10/05/23 SMARTY & FINAL DRINKS FOR SIT-OP ON OCT 06, 2023 - DPD/APD/CALCITYPD/DKCPD/KCPD 57.57 01-5455-200 10/05/23 VALLARTA DRINKS FOR SIT-OP ON OCT 06, 2023 - DPD/APD/CALCITYPD/DKCPD/KCPD 15.80 01-5455-200 10/05/23 TONYS PIZZA FOOD FOR SIT OP ON OCT 06.2023 - DPD/APD/CALCITYPD/DKCPD/KCPD 259.63 91-2233-005 10/26/23 WALMART MCFARLAND PD TRUNK OR TREAT - CRIME PREVENTION COMMUNITY ORIENTED POLICING 194.34 TOTAL 527.34
VIVIANA ALAPISCO 75-5400-350 10/03/23 CALIFORNIA TRANSIT ASSOCIATION'S 58TH ANNUAL CONFERENCE EXPO/PASADENA,CA NOV 14TH-NOV 17TH - V.ALAPISCO 550.00 75-5510-350 10/17/23 MCW DELANO CAR WASH FOR UNIT #3545 39.99 75-5510-350 10/17/23 MCW DELANO CAR WASH FOR UNIT #3541 19.99 75-5510-350 10/17/23 MCW DELANO CAR WASH FOR UNIT #3542 19.99 75-5510-350 10/17/23 MCW DELANO CAR WASH FOR UNIT #3543 19.99 75-5510-350 10/17/23 MCW DELANO CAR WASH FOR UNIT #3544 19.99 TOTAL 669.95
NANCY GARCIA 01-5700-100 10/19/23 WALMART CERTIFICATE OF RECOGNITION SUPPLIES FOR FANHS TO PRESENT ON OCT 21, 2023 16.69 01-5700-100 10/26/23 CORCORAN PRINTING INC SET UP FEE & DEPOSIT FOR CERTIFICATES OF RECOGNITION FOR CITY COUNCIL MEMBERS 350.00 01-5700-100 11/01/23 CORCORAN PRINTING INC PREMADE FOIL/ GOLD CERTIFICATES OF RECOGNITION FOR CITY COUNCIL MEMBERS QTY. (100) 550.63 01-5700-100 11/01/23 WALMART CERTIFICATE HOLDERS FOR VETERANS DAY CERTIFICATE 43.75 01-5700-100 11/01/23 4IMPRINT, INC TABLE LINENS & BACK DROP FOR POP UPS AND CITY EVENTS 1,741.00 01-5700-100 11/01/23 MICHAEL'S STORES SUPPLIES FOR GRAND MARSHALLS CERTIFICATE 1.07 TOTAL 2,703.14
MIKE ENRIQUEZ 84-5522-140 10/11/23 JAMF NOW JAMF NOW SUBSCRIPTION 11/3/23-12/2/23 212.00 75-5700-350 11/03/23 WALMART USB & HEADSET FOR TRANSIT 42.80 TOTAL 254.80
MARIBEL REYNA 01-5400-110 10/04/23 KAHSAY UBER FROM HOTEL TO AIRPORT /M.REYNA CM TRAINING - AUSTIN TX 50.37 01-5400-110 10/04/23 FAIRMONT FAIRMONT AUSTIN HOTEL ROOM CHARGE - AUSTIN,TX SEPT 30-OCT 04 - M. REYNA CM TRAINING 1,407.68 01-5611-610 10/05/23 AMAZON QTY. (10) LACROSSE BALL FOR YOGA - 11TH AVE COMMUNITY CENTTER AFTERNOON YOGA CLASS 106.00 01-5611-610 10/12/23 AMAZON (2)10PK YOGA MATS -11TH AVE COMMUNITY CENTER AFTERNOON YOGA CLASS 107.14 01-5611-610 10/14/23 AMAZON (3)6PK FLASHLIGHTS - REC ELLINGTON CENTER 51.04 01-5611-610 10/14/23 AMAZON QTY. (5) LACROSSE BALL FOR YOGA - 11TH AVE COMMUNITY CENTER AFTERNOON YOGA CLASS 53.55 01-5423-610 10/16/23 NAYS YOUTH SPORTS NAYS TRAINING - SAFETY/FIRST AID/ COACHING/ CARDIAC ARREST/MENTAL HEALTH/PROTECTING YOUTH - R.LUGO NOV 06-NOV 09 IN BURLINGAME,CA 85.00 01-5423-610 10/18/23 NAYS YOUTH SPORTS NAYS TRAINING - BASIC YOUTH SAFETY/ FIRST AID / COACHING B-BALL UNDER 10/PROTECTING YOUTH ATHLETES - R.LUGO NOV 06-NOV 09 IN BURLINGAME,CA 30.00 01-5400-610 10/18/23 HILTON HAMPTON INN & SUITES - R.LUGO NOV 06-NOV 09 IN BURLINGAME,CA FOR NAYS TRAINING NOV 06-NOV 09 565.13 01-5300-610 10/19/23 AMAZON CLIPBOARD HOLDER/(2) 12CT. SHARPIE PERMANENT MARKERS - REC ELLINGTON CENTER 46.51 01-5400-610 11/02/23 CA PARK REC SOCIETY CA AQUATIC MANAGEMENT SCHOOL 2023- R. LUGO 50.00 01-5611-610 11/02/23 AMAZON (3)72 CANS OF EXTRA DUTY TENNIS BALLS - REC ELLINGTON CENTER 421.09 TOTAL 2,973.51

WELLS FARGO

WELLS FARGO CREDIT CARDS
Summary of Credit Card Charges for Travel
Prepared By JUVENAL ZAVALA
11/3/2023
STMT
OBJECT Date Vendor Name City Description Amount

WELLS FARGO

WELLS FARGO CREDIT CARDS
Summary of Credit Card Charges for Travel
JERRY NICHOLSON 01-5522-200 10/03/23 LEXIS NEXIS RISK SOLUTIONS LEXNEX RISK DATA SEPT. 2023 COMMITMENT 150.00 91-2233-005 10/19/23 AMAZON PD MERCH FOR DIA DE LA FAMILIA & COMMUNITY EVENTS - OCT 15,2023 676.25 91-2233-005 10/19/23 AMAZON PD MERCH FOR COMMUNITY EVENTS 612.99 91-2233-005 10/19/23 4 IMPRINT USA QTY. 1500 POLICE OFFICER PENS & QTY. 700 POLICE OFFICERS CARE COLORING BOOK - FOR COMMUNITY EVENTS 1,549.01 01-5441-200 10/22/23 KNOTT'S HOTEL KNOTT'S HOTEL ROOM STAY DEPOSIT - J. NICHOLSON FOR INTERNAL AFFAIRS SEMINAR OCT24-OCT26 204.06 01-5441-200 10/22/23 KNOTT'S HOTEL KNOTT'S HOTEL ROOM STAY DEPOSIT - TRIGO FOR INTERNAL AFFAIRS SEMINAR OCT24-OCT26 204.06 91-2233-005 10/23/23 AMAZON PD MERCH FOR COMMUNITY EVENTS 541.00 01-5441-200 10/24/23 KNOTT'S HOTEL KNOTT'S HOTEL ROOM STAY - J. NICHOLSON FOR INTERNAL AFFAIRS SEMINAR TRAINING BUENA PARK, CA OCT 24-OCT 26 204.06 01-5441.200 10/24/23 KNOTT'S HOTEL KNOTT'S HOTEL ROOM STAY - J. TRIGO FOR INTERNAL AFFAIRS SEMINAR TRAINING BUENA PARK, CA OCT 24-OCT 26 204.06 01-5441-200 10/26/23 KNOTT'S HOTEL KNOTT'S HOTEL - J. NICHOLSON/J.TRIGO PARKING FEE OCT 24-OCT 26 30.00 01-5522-200 11/02/23 LEXIS NEXIS RISK SOLUTIONS LEXNEX RISK DATA OCT. 2023 COMMITMENT 150.00 TOTAL 4,525.49
Prepared By JUVENAL ZAVALA
11/3/2023
STMT
OBJECT Date Vendor Name City Description Amount

WELLS FARGO

WELLS FARGO CREDIT CARDS
Summary of Credit Card Charges for Travel
ARTHUR MEDINA 01-5779-110 10/10/23 DOLLAR TREE QTY. (15) BLUE ROUND TABLE COVER - EMPLOYEE APPRECIATION PICNIC OCT 10, 2023 20.40 81-5524-900 10/18/23 ASE TEST FEES F1 & T4 ASE TEST - C. HERNANDEZ 140.00 81-5524-900 10/18/23 ASE TEST FEES F1 ASE TEST - G. AMAYA 87.00 81-5524-900 10/18/23 ASE TEST FEES T5 & T8 ASE TEST - DE LA TORRE R. 140.00 01-5700-600 10/30/23 WINSUPPLY BAKERSFIELD QTY (3) HYDRAULICS VALVES FOR PARKS 142.40 529.80
CHRISTOPHER ALFORS 01-5440-200 10/04/23 COURTYARD MORGAN HILL HOTEL ROOM OCT01-OCT06 FOR DISPATCH J. SANCHEZ - PUBLIC SAFETY TRAINING CONSORTIUM 157.77 01-5522--200 10/04/23 BIOMETRICS BIOMETRICS SERVICE OCT 3, 2023 1.50 01-5440-200 10/04/23 RESIDENCE INN HOTEL ROOM OCT01-OCT06 FOR DISPATCH J. SANCHEZ - PUBLIC SAFETY TRAINING CONSORTIUM 171.47 01-5400-200 10/05/23 HARVEY'S CASINO HOTEL ROOM OCT 08- OCT 13 FOR RIMS CONFERENCE 2023-26TH ANNUAL USERS CONFERENCE V. MALDONADO 579.20 01-5400-200 10/05/23 HARVEY'S CASINO HOTEL ROOM OCT 08- OCT 13 FOR RIMS CONFERENCE 2023-26TH ANNUAL USERS CONFERENCE A. LOPEZ 579.20 01-5440-200 10/08/23 LAKE NATOMA HOTEL ROOM FOR OCT 08- OCT 11 FOR COMMISSION ON PEACE OFFICER STANDARDS & TRAINING J. ORTIZ 320.70 01-5440-200 10/09/23 RESIDENCE INN HOTEL ROOM OCT01-OCT06 FOR DISPATCH J. SANCHEZ - PUBLIC SAFETY TRAINING CONSORTIUM 171.47 01-5440-200 10/19/23 COURTYARD MORGAN HILL REFUND ** HOTEL ROOM OCT01-OCT06 FOR DISPATCH J. SANCHEZ - PUBLIC SAFETY TRAINING CONSORTIUM (157.77) 01-5440-200 10/20/23 HOLIDAY INN HOTEL ROOM FOR OCT 15- OCT 20 FOR FIREARMS INSTRUCTOR COURSE P.GAY 839.90 01-5440-200 10/27/23 HOLIDAY INN HOTEL ROOM FOR OCT 15- OCT 20 FOR FIREARMS INSTRUCTOR COURSE P.GAY 878.73 3,542.17
NOEMI ZAMUDIO 01-5303-120 10/04/23 4 IMPRINT INC QTY (150) LANYARDS/ QTY (300) PENS/ QTY (250) STICKYPADS/ (250) NOTEPAD - HR SUPPLIES 939.71 01-5400-120 10/16/23 SMART AND FINAL TRAINING SUPPLIES FOR HR 27.95 01-5400-120 10/16/23 LIEBERT CASSIDY WHITMORE (2) 2024 PUBLIC AGENCY LEGISLATIVE ROUND UP -N.ZAMUDIO & D.CARRILLO 150.00 01-5300-120 10/24/23 99 CENTS ONLY SUPPLIES FOR TRUNK OR TREAT OCT 26, 2023 52.10 01-5300-120 10/26/23 CVOS INC QTY (1) BOX SUPPLIES FOR C-TRAIN - HR 53.04 1,222.80
ROSA RIOS 84-5400-140 10/08/23 GOVERNMENT FINANCE OFFICE CYBERSECURITY SPECTACULAR 2023 VIRTUAL TRAINING NOV 28, 2023 - R.RIOS 85.00 01-5423-170 10/09/23 GOVERNMENT FINANCE OFFICE GFOA ACCOUNTING ACADEMY IN SAN MATEO - NOV 27-NOV 30 E.RODRIGUEZ 1,197.00 01-5423-170 10/17/23 GOVERNMENT FINANCE OFFICE BUDGET AWARD APPLICATION REVIEW FEE FY2023 575.00 84-5423-140 10/18/23 MISAC CENTRAL FULL MEMBER INV#300005233 MEMBERSHIP 2023-2024 R.RIOS 130.00 TOTAL 1,987.00
22,919.64
Prepared By JUVENAL ZAVALA

M I N U T E S

CITY OF DELANO
CITIZEN REVIEW COMMITTEE (MEASURE U – SALES TAX)

SPECIAL MEETING
December 14, 2022

CALL TO ORDER
Chairman Martinez called the meeting to order at 3:01 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.

FLAG SALUTE
Pastor David Vivas led the flag salute.

ROLL CALL
Committee members present: Guadalupe Martinez, Marisol Alcantar, David Vivas Committee members absent: Gloria Herrera

OFFICIALS PRESENT
City Clerk Chavez, Finance Director Rios

SPECIAL AGENDA ITEM(S)

1. Minutes of special Citizen Review Committee meeting of June 14, 2022 Motion made by: Vivas
2nd by: Alcantar
Vote: 3-0
Ayes: Martinez/Alcantar/Vivas
Nays: None

Absent: Herrera
Abstentions: None

2. Review of sales tax override revenues and expenditures Finance Director Rios provided a presentation.

Chairman Martinez opened public comment.

Gina Martinez shared that there are minimal amount of meetings and should be more. She requested to break it down further for the public.

Committee Member Alcantar further added that she’d like to see percentages of the $7 million.

Maria Martinez asked for the percentage that’s being used in each department.

Frank Herrera shared his support for further breakdown. He added that money is tight and will get tighter as the economy continues, especially when it comes to overtime. He offered his help to work with the city. Lastly, he shared that he preferred a five-day workweek rather than a four-day work.

Fernando Bravo shared his support for opening City Hall five days a week. He expressed his concern regarding the water crisis and the City of Delano cutting water allocation to the cemetery.

Council Member Alindajao provided synopsis of the committee and its purpose.

Mr. Herrera provided further from the audience
Chairman Martinez closed public comment.

Agenda Item No. 3
There was discussion regarding the revenue, expenditure and examples of one-time purchases coming from the measure such as the methodist church, aquatic center, and senior discounts ($250k).

No Motion taken.

ADJOURNMENT
Moved by Committee Member Vivas, seconded by Committee Member Alcantar and unanimously carried 3-0 to adjourn at 3:44 p.m.
____________________________________
Ricardo G. Chavez, City Clerk

MINUTES

CITY OF DELANO
PENSION COMMITTEE – REGULAR MEETING
August 8, 2023
SWEARING-IN OF NEW COMMITTEE MEMBER: Miguel Angel Fernandez

CALL TO ORDER
Chairman Abel Moreno called the meeting to order at 9:40 a.m. in the City Hall Council Chambers, 1015 – 11th Avenue.

ROLL CALL
Committee Members present: Abel Moreno, Elvira Rodriguez, Miguel Angel Fernandez Committee Members absent: Connie Perez- Andreesen, Carlton Lennon

OFFICIALS PRESENT
Finance Director Rios, and City Clerk Garcia

CONSENT AGENDA
1) Minutes of Pension Committee meeting of May 9, 2023
Motion was made by: Rodriguez to approve
2nd by: Fernandez
Vote: 3-0
Ayes: Fernandez / Moreno / Rodriguez
Nays: None

Absent: Perez-Andreesen / Lennon
Abstentions: None
AGENDA
Nyhart requested to present first.
3) Update to the administrative services for the City of Delano Pension Plan provided by Nyhart Rachel Barnes from Nyhart provided the presentation.

No action taken.
2) Presentation of portfolio performance by Principal Global Advisors, PFM Asset Management LLC., and Lazard; discussion and any action regarding these portfolios Eric Schlossberg & Kevin Eichinger with Principal Global Advisors provided their presentation.

Matthew Smith with PFM Asset Management LLC provided their presentation.

Ryan Colella & Stephen Marra with Lazard provided their presentation.

No action taken.

Agenda Item No. 4

ADJOURNMENT
Moved by Committee Member Rodriguez seconded by Committee Member Fernandez, and carried 3-0 to adjourn the meeting at 10:38 a.m.
________________________________________
Nancy Garcia, City Clerk

MINUTES

CITY OF DELANO
PENSION COMMITTEE – REGULAR MEETING
November 14, 2023
Due to a lack of quorum, the regular scheduled Pension Committee meeting for November 14, 2023, was canceled.
_______________________________
Nancy Garcia, City Clerk
Agenda No. 5

MINUTES

CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
September 05, 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
Kathy Juarez from HD Church offered the invocation.

FLAG SALUTE
Councilmember Nunez led the flag salute.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Liz Morris, Mario Nunez, Jr., Veronica Vasquez
Council members absent: NONE

OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Richman, Finance Director Lara Rios, City Engineer Dowling, Interim Community Development Director Monsibais, Interim Chief Nicholson, Economic Developer Fernandez

PRESENTATIONS AND AWARDS
Proclamation for Delano Grape Strike of 1965
Presented by Mayor Pro Tem Solorio Ruiz; accepted by Suzanne Villaruz

ITEMS FROM THE PUBLIC

1. Anthony Cortez – Had concerns in regard to South Dover Parkway since it has been closed for a while.

This results in a lot of traffic. Wants to know what is going on in that area. He understands there is a lot of construction due to the building of a new DMV. Just want an update.

2. Danny Sanchez – Congratulated the Filipino brothers for the recognition they received. Questioned the employment of the police chief. He has been missing for several months, when does he plan to work? How long has he been gone since he started? He has questions about how he became the Chief of Delano? How long will the council allow him to be the Chief of Delano?

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 $2,799,719.19
3) Minutes of the regular Council meeting of August 21, 2023 4) Ratification of contract award of “Street Sweeper Unit 442 CNG Tank Replacement” to Specialty Fleet Services, of Fresno, CA, in the amount of $40,108.54 and authorize the City Manager or her designee to sign any documents needed to complete the project.

Agenda Item No. 6
5) Resolution ratifying Agreement No. C5611478 with the California Department of Corrections (CDCR) for the City of Delano’s provision of non-hazardous wet/dry garbage collection, removal and disposal services to the Kern Valley State Prison (KVSP) from April 1, 2023, through June 30, 2023, and authorizing the City Manager to execute the agreement 6) Resolution ratifying Agreement No. C5611479 with the California Department of Corrections (CDCR) for the City of Delano’s provision of non-hazardous wet/dry garbage collection, removal and disposal services to the North Kern State Prison (KVSP) from April 1, 2023, through June 30, 2023, and authorizing the City Manager to execute the agreement 7) Ratification of the “2023 Emergency 1,000 & 1,100 Blocks of Madison-Norwalk Alley Sewer Line Replacement Project” 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 $365,000.00 and authorization for the City Manager, or her designee, to sign the contract and any other documents needed to carry this project to completion.

Motion was made by: Solorio-Ruiz to approved items 1-7 on consent items; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz / Vasquez Nays: None

Absent: None
Abstentions: None

PUBLIC HEARINGS
8) Approval of the City’s 2022-2023 Consolidated Annual Performance and Evaluation Report Staff report provided by Economic Developer Fernandez.

No public comment.

Motion was made by: Solorio-Ruiz to approve item 8;
2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz / Vasquez Nays: None

Absent: None
Abstentions: None
9) Approval of the issuance by the Housing Authority of the County of Kern (the “Housing Authority”) of up to $7,000,000 in tax-exempt bonds to finance the acquisition, rehabilitation, and conversion of the project known as Maganda Park RAD to ownership by a tax credit partnership to be formed by the Housing Authority
Staff report provided by City Attorney Richman.

No public comment.

Motion was made by: Nunez to approve item 9;
2nd by: Vasquez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz / Vasquez Nays: None

Absent: None
Abstentions: None

REGULAR AGENDA
10) Discussion and direction on a policy pertaining to the parameters for allocating City funds or inkind City services for City related sponsorships or grants and non-City related sponsorships and grants.

Staff report provided by City Manager Reyna.

No Public comment.

Vasquez asked what would be the difference between an ordinance and a resolution? If we did either or, would we be stating the different criteria’s such as profit or non-profit? How elaborate would this be? City Attorney Richman stated that would be up to the council. If there is a detailed policy, it’s best to be in a simple resolution so you can tweak it. For management of a program, it should not be an ordinance. The ordinance should be more broad for those types of items. I would recommend a resolution for you just adopt them once, versus an ordinance requiring introduction and a return for adoption at the second meeting 30 days before it goes into effect. If the council wanted to do so we can put it as a policy adopted by resolution.

Nunez shared that the reason this was brought up a couple weeks ago was because councilwoman Vasquez and himself sat down with questions in regard to using city facilities. We both came to the agreement that there should be some parameters set. We need to be fiscally responsible to the city even though we do take in mind in-kind donations. We need to come up with a guideline that everyone follows.

Vasquez asked if there are any examples of what was done by other cities.

City Attorney Richman shared that she could look into it. From experience she has seen grant programs that have been established by the council and implemented through the city manager. In-kind services could be something as well if that is what the council wants.

Vasquez asked what makes this different from the pot of sponsorship money that we have of $12,000. What would distinguish the difference? Would this come from a different funnel of money? City Manager Reyna stated that would be the council’s desire. There is the $10,000 that is a line item within the budget that council can use to sponsor different events or organizations. It can be confined to that, or you can broaden it. This would be a time to establish that policy.

City Attorney Richman explains that what Mario is indicating is that you have this initial pot of money, but it seems people are coming in and asking for more. Do you want to create the parameters for these types of grants? Then, once the money is gone, it’s gone. You still have the discretion, and the policy should indicate the council could override their policy if they wanted to by a vote. If you were to implement a policy to deal with grants, it should cover the pot of money that is currently allocated.

Morris stated she would like to see it as it is. The city manager needs that flexibility to make those decisions.

Sometimes we get emergency situations where somebody comes into town or maybe the Red Cross may need a facility to house people that are displaced or something like that. In those instances, it does not have time to come to the council for that approval. She needs to decide at that time to facilitate those people in that kind of situation. I think it should be a case-by-case situation and when we get a chance of when things come up, as they have in the past, she does bring them to council for us. Whether that is something we want to believe or not, I feel that she still should have that flexibility to do that.

Solorio-Ruiz asked Council member Vasquez or Nunez for more clarification on what is the issue trying to solve today? Is it the issue of being fiscally responsible? Is it the issue in your point of view? Both of you have brought this forward. What is your perspective on that?
Nunez stated it is both. Being fiscally responsible and giving the city manager direction so she knows what she can fall under. She will still have authority to say yes or no to items but she’ll know what she falls into so she doesn’t have to second guess herself or somebody can second guess her on the decisions she makes. She’s making the decision based on what she has written based on the direction we have given. She will still have if it’s anything major it will come to the council, but if its stuff she can deal with on her own and it doesn’t have to come to the council she will have guidelines to go by. There is nothing in particular or anything like that. It’s just guidelines to help her.

Morris asked if that is not what we do now?
Nunez responded yes and no.

Solorio-Ruiz asked if we have thought on what some of the amounts are that we believe should necessarily cap certain organizations or groups or amounts?
Nunez responded no. That is something we have to decide on what we want to spend. How much we want to allow the city to spend. As you know, we only have $10,000 as a council. We can, but if we allow everybody to come in here, we’re going to get into the hundred and thousands of dollars really quick because there is no guidelines. Theres nothing stopping anybody coming in here and asking for a donation or anything without any guidelines.

Vasquez added that with that when we give money, do we have a policy when we give the money. Are we asking for receipts? Are we asking for certain protocols to be followed? How is it that we’re keeping track of that also? Are we just giving?
City Manager Reyna responded that it depends on the item. Sometimes it is a sponsorship that the council will provide, maybe $2500 to the chamber for the Christmas parade. So, then, it’s just flat. We don’t ask for any type of reimbursement and then, sometimes, it’s more of a ‘you can use up to this amount’. In that case, we do ask for reimbursements because we’re tracking the expenditures. It is somewhat of a case-by-case depending on the nature of the request and depending on the council.

Solorio-Ruiz shares that he hears what council member Vasquez and Nunez is saying but I personally believe that we’ve seen some growth in the community, and we can also make the argument that that growth has come in the form of also celebrations and community events that bring folks together. I am against capping any amount for groups, organizations, or individuals who come forward seeing a donation of some kind from the city because I think we can all agree that at the end of the day, it comes to the body. We do have a decision. If folks come in asking for $10,000, we can say we can only do $5,000 etc. We can all agree that we would like to be fiscally responsible, ultimately it is us who decides. We decide how much to provide to groups or organizations asking for funds. We also approve contracts of $100,000, even millions at times and I think we can trust ourselves enough to know when to cut back. If we do cap it, for example $500 for organizations or cap it at a certain amount, I think we also need to be prepared to communicate to folks when the fireworks show, for example, cannot happen. Or the Christmas parade cannot happen because we contributed to the discontinuation of some events that do rely on the city. I’m not saying the city is the sole responsible partner party in those funds. If we tie our hands, I think it could be a ripple effect to come and I do see the benefit of contributing to organizations, to host events because that contributes to a healthier, safer, and inclusive community especially at a time when we have not had events like the Filipino weekend, Cinco de Mayo parade, etc. While those events are not city events, the community automatically contributes to these events. My solution to that issue is to expand the amount of funds that we have for that line item and leave it at the end of the day to the discretion of the body and not cap it for certain amounts. I think this is an issue as well that is tied to this and it’s the issue for the process. The process for council members who are coordinating and hosting events. I do believe that there is a process in place and that process in my view, when doing anything city related is as simple as three things. Communication, respect, and courtesy. Each time I have had an idea, I have brought it forward to the city manager and at times it’s provided if not any funds needed from the city. I come in first and I speak to the city manager and let her know I have backpacks to donate to the community, I ask if I can contribute or distribute then at a city facility, I have volunteers to assist me. She will explain her ideas is she supports the event or is she has any criticisms, and we will move on from that. In my perspective we should not seek to further micromanage the city manager, that is what this policy can potentially do. I think we’re all adults to make certain discretions and decisions and I think we could fully trust her in making those decisions as well. This type of policy has been in place for years in terms of the funds that we donate, and I think that could have those negative ripple effects. I think it’s tying our hands and tying the city managers’ hands for potential upcoming events.

At the end of the day, we do have a say and it comes to the body as a whole and we vote on it, and we decide.

Alindajao shared that he appreciated the spirit of the desire to want to create a policy that confines or enumerates how the city would act in terms of sponsorships and facility usage. However, I think this is an area of city practice that the council needs to retain its discretion. So, currently it has been the tradition in the city. For example, facilities. If someone wants to use a facility, they either go one or two paths. They go to the city manager. In an emergency the city manager has the discretion to allow the federal government or the partners in those types of situations where the benefits to the greater good of the community. Or that third party can come to the city council and ask for the facility. In that situation the city then, based on their discretion and in a vote of five individuals, goes through the analysis of whether that third party is going to get a co-sponsorship or not. That’s been the route that these asks have come by. Now paying for the facilities is another part of it as well. In situations where the city manager is acting on behalf of the city and partnering, for example with federal or state partners on an issue of citywide impact. The city manager has a discretion to allow that partner to use a facility. Or they can come to the city council meeting, make their argument for sponsorship of that facility and the council either as a majority approves it or denies it. That has been the process for a long time. I think changing the process to something more limiting, then begins to impact the discretion that councils will have. The council should have the freedom to make decisions individually on an individual basis, on whether a particular project is of value to the community. A better idea would be for an individual council member to bring the policy or proposal to the council for approval because coming to a council meeting and trying to hammer out a policy, something that would be extensive in this situation, will probably take longer than we all have patience for. That is going to be a long-drawn-out discussion about what should be included, what’s not included. I think if council member Vasquez or Nunez want us to consider something substantive then bringing a sample of that policy might be a better way to evaluate exactly what the council members are asking for. As of now I am not sure what we’re trying to approve. To council members Vasquez’s point, I do like the idea or the spirit behind the changing policy in terms of accountability of funds and being fiscally conservative and accountable. I have seen the city in different situations give money to good organizations, good projects, but there’s little accountability. I would like to see in the future more accountability of the funds. Perhaps on a reimbursement basis only. We are dealing with public funds, so we need to have a higher standard rather than just writing checks out to the organization. I think seeing more accountabilities would be a policy I would support.

The system we currently have is working well. The fact that the council is spending more money than maybe individual council members have an appetite for, that’s part of the process of making decisions as a body. There was one decision that the council made earlier that cut the ask from $1,000 to $500. It’s only $500 in an over a 100- million-dollar budget. I would have voted for the whole $1,000. Then someone else comes in to ask for $10,000 or $5,000. That’s how it works, that part of the discretion that’s invested in the folks that are city elects. So, to disturb that, I am not in favor of it. I’d rather keep the discretion within the council and determine when it’s too much. Or when a project is not worthy or is worthy.

Solorio-Ruiz shares that he believes it was commented that back then we would require reimbursements in terms of receipts and things like that. Did we ever do that at one point.

City Manager Reyna confirmed that we did when we had contracts. We had a contact with the chamber at one point at which then we would request reimbursement. We have a contract with Heritage Park. We always request reimbursement.

Solorio-Ruiz asked that in terms of the receipts and the process for reimbursement. This sounds to me like a policy but also sounds more adamant level. In terms of what we would like to see of the process from the logistical standpoint of the city manager and finance because who’s the ones that are going to manage it and all that. Can they upkeep the reimbursement process. I am asking if this would be something the council should move forward with.

Or is it more of a discretion for the city manager?
City Attorney Richman shared that if the request is just to ensure that internally there is some sort of accountability for finances, then that could probably be direction given.

Solorio – Ruiz asked if it’s not necessarily needed to be in a resolution format or even an ordinance for that matter? City Attorney Richman confirmed in the affirmative.

Solorio-Ruiz stated that the potential future policy I am in favor of that. As far as council members are coming in and in a way being a little bit more prepared because I think right now, we’re looking at it like a blank canvas and we are going to figure it out and go from there. It might take longer than usual, and I think if something is brought forward for input, we can go from there.

Nunez shared I hear a lot of talk about how our policy currently is. Do we currently have a policy on this? City Manager Reyna shared that we do not have a written policy. Our policy is if there is a request from an outside agency, it would come before the council. If it’s a request that comes internally, then there is a discretion on my part as to if it’s a benefit to the city, and so forth. If it’s a fundraiser or if its just a general benefit to the residents.

Nunez asked if that discretion is given or is it in general something we have always done or is there something written that gives you that discretion.

City Attorney Richman shared that it depends on some of the things that say, managing facilities. He uses facilities. That is typically a duty that might be in the code under her duties but outside of that, when you think of the city council, city manager form of government, that would be the common practice for the city manager to oversee facilities but as far as, were talking about a couple different things but that is part of it too about grants, then you’re talking about in kind services, you’re talking about lots of different things. That’s why it makes it difficult. I’m trying to take notes and listen.

Nunez stated that’s my point exactly. We have so many things and what stops Mario from coming in here and saying, I’m a council member, I want to use this facility.

City Manager Reyna responded if it’s a request, as far as we’ve received some for donations like $2,500, $5,000 and $10,000. I don’t issue those checks. Those requests all come to the council. So, requests for funds come to the council. If there is a request for the use of a city facility because again, it’s going to be of a general benefit to the residents, then, that is something that I would decide, is this something that is a good use for the facility. If it is something of a nature that is an emergency, for example Kern County requesting the use of a gym because of an evacuation. The Red Cross requesting the use of a gym for evacuation. The UFW requesting the use of PD.

Requesting the use of Public Works. If it’s again because the first lady is coming to see Delano, then absolutely.

That is something that the use of city resources would be within my discretion. I wouldn’t necessarily bring that to the council because those are decisions that sometime are of a time urgency nature, and I don’t have the time to bring it to the council. Sometimes I do and I don’t think it needs to go to the council because again, I’m not going to say no to the first lady of the United States.

Solorio-Ruiz stated that the question to ask, and I don’t think the question is to the city manager, I think it is to each other, is has anybody up here had any trouble in whether it’s a facility and what’s the process that you’ve taken to communicate those needs and the necessity and the event, whatever it may be. I think, I don’t want to say that I think we are creating a problem that is not there, but I think it’s about had you ran into something that is a problem, and how did you go about it, and what did you do to make sure that we address it and fix it? Nunez stated he doesn’t think that is the issue that I’m trying to establish. I’m trying to establish that we are responsible when we do something and it’s not just an open-door policy for everybody to come in here because I can argue a point and I’m just going to argue with something that really doesn’t matter. I run a youth football program, and the benefit is for these kids to get educated and learn how to be team players. So, I should be able to use all facilities free because I’m teaching these kids and keeping them off the streets and getting them involved in the community. Making sure they do their homework. But what is there to tell me that no, I can’t use every facility I want within the city for free? Yet, I am a nonprofit and the money that we bring in, we put it back into the kids.

What would stop anybody from coming in there or saying that.

Solorio-Ruiz stated that I would say the question I would ask you is are you doing it as a council member in your authority as a council member? Or are you doing in terms of being a coach? And in particular an event for Bengals because I think that’s an example. Let’s say for example Councilmember Morris has come forward and has asked for the dance studio for the Harvest. The request wasn’t ‘Councilwoman Morris wants this for etc.’ Its harvest holidays and wants to practice for their dance studio. It’s a specific entity, not a councilmember itself. For example, and I’m not trying to put this back on me, the backpack giveaway that we did. It wasn’t necessarily led by one organization. It was a council member, I said we have these to give out to the community. We have free haircuts.

Can we, do it? It went from there. If it was the Cesar Chavez Foundation that would say ‘Hey Sal, we want to do a backpack giveaway and specifically just them, not the city getting involved in any way then I would say okay, you would have to come forward and request that donation from the city council for sponsorship. I have actually had a group in Delano ask me recently the childcare providers and also the Delano Guardians at one point that they wanted a city facility to use. Again, the is an entity in a group, specific groups that are seeking to use that facility. Of course, the answer to those two is that it would have to go through sponsorship and at the end of the day it’s the direction of the council. These are the discretions that I wanted to explain on.

Nunez stated that it shouldn’t matter if I came in as a council member or a coach. I should have to follow the same rules as everyone else if I came in to request anything with the city. Being a council member does not make me special or being a citizen of the city should not make a difference. I come in to request everything identical to anybody else.

Solorio-Ruiz stated he disagrees, but they can agree to disagree on that.

Alindajao stated that he appreciates council member Nunez’s angle on it. I think the checks and balances we are looking for are found within the discretion of the council. Yes, anyone can come into this room and ask for money.

But at the end of the day. They don’t just get money because they ask. They get money because the council as individual members see the value of it or not and make a decision accordingly. So, there are some checks and balances. It’s not a free for all that people would just walk in here and get money every time they ask. I think all of us up here have to make the decision to determine whether that’s a value or not. So, think that the checks and balance. In the absence of a written policy and going to ordinance 2.12.040 Duties Subsection F. General Services. “The city manager shall provide for the proper administration and management of all other city affairs and properties which are not otherwise reserved to the mayor and/or city council.” It’s within that code section that invests the power to make decisions about facilities with the city manager.

Vasquez shared that the Vice Mayor said in all the different components, I just think it would be helpful that it was written down, policy or not that we have community people that can look at the policy online and see that this is the process that I need to take to do X, Y, and Z. Not everybody can come in and see the city manager because of time constraints, because of work. I’s just saying that in general, guidance of a policy. I don’t think that is micromanaging, I think that’s common courtesy for a community the community to have some type of guidance and direction of what steps should be taken for X, Y, and Z. I think that mainly was the goal of this. Just to have that guidance.

Solorio asked if let’s say on the city website and I am not sure if you have anything there, that does this, but ‘click here for sponsorships of a…’
Vasquez stated she has people ask her, that’s why it came up and they looked up the website and it wasn’t available.

Then they had to take the steps of contacting the city manager. I’m just saying the city manager is busy and I think just having that guidance would be helpful. If you need to do X, Y, and Z, fill out this form. Once you fill out this form, this provides you with that next step. But something is available so the people can look up. Because right now the folks, like the folks were working with, it didn’t seem like we were welcoming in that aspect. It’s not that it is intentional, but at the end of the day, it would be nice to have that because it just makes it easier to streamline.

Solorio asked if we have an application that folks fill out? City Manager Reyna responded that we do. Anytime somebody contacts wither myself or recreation because they do handle the rental of facilities. We do work with them. There is a rental application that is filled out. There are insurance requirements for any of the facilities. There is a process and as far as whether its rented or whether it’s sponsored.

Solorio shared that maybe if we make that more accessible in terms of kind of like a click here on the website or something.

City Manager Reyna shared that she believes it is online on the recreation page.

Alindajao shared that some of these issues lie within the powers of the city manager. So, this is my suggestion, it sounds like Council member Nunez and Council member Vasquez, you guys care about some policy. And at this point, we can’t vote up and down on something that we don’t know exactly what you’re looking for. My suggestion is to put this to a future date, come back with something in writing that we can see and look at and see how it works, something specific and then have your fay of either an up or down vote at that point.

Nunez stated that he believed that is what this was for correct? For discussion and direction for that? City Attorney Richman stated that if the council was going to provide direction that is one of the things you can determine.

Alindajao shared his suggestion to all his colleagues is that legislation doesn’t just appear out of nowhere. It has to be written. It has to be created by legislators, that’s us here on the dais. So, in the future whether it be cannabis, whether it be rent control, whether it be changing the policy legislators need to come in with legislation so that the rest of the body or the rest of the members of the council can see what exactly is the ask or what we want to do. It is at that point that we can make a more informed decision about how to move forward. We keep asking the city attorney or even the city manager. They are not the legislators. They’re not going to create this. They’re going to help you create it. But they’re not going to create it. Working with them and setting this out for about a month or so to put together a policy or legislation, and then bringing it back to the council would be my suggestion.

Nunez states that was the reason for this to get everybody’s opinion. So, I can come back and put something together. Because I’ll put something together. It’s my policy. It’s not a council policy. So that was the reason. It’s important to put it on here so I can get everybody’s opinions. Start looking at what we should be looking for.

DEPARTMENTAL REPORTS
No items.

COUNCIL STATEMENTS AND REPORTS
Council Member Morris: Shared that the harvest festivities are coming up in September and October. The actual festivity is going to be October 7th, but we do have Tiny Tots. A little program that is going to go on September 16th at the Pioneer Auditorium. They have about 30 little contestants. We would like to invite all of you. The King and Queen show will be on September 23rd and I’m hoping to get the court here on that council meeting before then that way you can have an opportunity to meet them and see how hard they have been working. We have Candy Casarez who is the weather person for KGET as our MC. We have a lot of people involved and a lot of community members and keeping the harvest spirit alive. Put on your western wear and join us for the festivities. The venue will be at Cecil Park this year.

Council Member Nunez: Shared that on September 9th and 10th is Our Lady of Guadalupe’s annual Jamaica at they church. They have a barbecue set out for September 9th. However, it is sold out already. On September 11th there will be a food giveaway at the Guadalupe Church and then September 26th is a food giveaway out at Memorial Park.

Mayor Pro Tem Solorio-Ruiz: Reminded the public that there is going to be a $20 spay and neuter on September 12th for Delano residents at the animal shelter with vaccines and microchip included. If folks want, the flyer is on the city’s Facebook page, or they can also text the number 925-788-1763 for the appointment. It’s sponsored by Love Dogs Foundation.

Council Member Vasquez: Shared that the Relay for Life is going to have a social at the America Legion Hall on Thursday, September 14th from 6:00-8:00 to start gearing up and get the community together and get teams situated.

Mayor Alindajao: Shared it is now parade season. We are going to have 3 months of parades. Harvest, the Veterans Day in November and the Christmas Parade. It’s the 2nd Annual Veterans Parade here in the City of Delano. We started a new veteran’s banner program, which is now going on and active. So, if you have a loved one that served in the military, it can have their banner flown during the parade. The cost of the banners is about $130 and if you want information go to the Facebook page which is Delano Hometown Heroes Parade or Delano Hometown Heroes Committee on Facebook or you can ask me. Secure our code is handled by a third-party company. It’ll take all the information from family members only of the veteran and you can have your banner flown. It’ll look beautiful and it will decorate the city really nice. The parade is November 4th, we’re excited about it.

CLOSED SESSION
No items

ADJOURNMENT
Moved by Nunez seconded by Morris and unanimously carried 5-0 to adjourn the meeting at 6:47 p.m. _____________________________________________
Nancy Garcia, City Clerk

MINUTES

CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
September 18, 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 Ari Quismundo form His Vineyard Church offered the invocation.

FLAG SALUTE
Councilmember Nunez led flag salute.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Liz Morris Mario Nunez, Jr., Veronica Vasquez
Council members absent: None.

OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Richman, Finance Director Lara Rios, City Engineer Dowling, Interim Chief of Police Nicholson, Human Resources Director Zamudio, Economic Development Specialist Fernandez

PRESENTATIONS AND AWARDS

1. Proclamation for Harvest Holidays Association
Presented by Mayor Alindajao, Accepted by Claribel Gutierrez of behalf of Harvest Holidays Association

ITEMS FROM THE PUBLIC
1) Jose Salvador Oriana from Loud for Tomorrow, Kensington Street – “I am an organizer and codirector of Loud for tomorrow. I'm here along with my group to express our disappointment on last week's special meeting, the vote for general budget. We believe that the city council's decision to approve the city budget have not adequately represent community input. And we wish to make our concerns known. We are disappointed by the city council and the city manager to seek and incorporate meaningful feedback from the community in this decision-making process, the budget, if I read correctly, is over a hundred million for both years. That's an incredible amount of money that could be used to uplift community to make sure that every young person, every resident, every elder has what they need to have a safe home, a good job, and to make sure that they have their basic needs met. And what is very concerning is that there was a 15 minute meeting, special meeting, and then it was voted on. And for us, we heard after the vote, so if loud for tomorrow, who has been organizing for the past five years, who is actively engaged, hasn't heard about this, what about our regular citizen, our working class family, how are they accurately represented in this budget? And we have questions for the city manager that we expect to be answered by tomorrow. Like where's the budget detailed on the city website? I couldn't find it. Where is, when did the development of the budget start? Because that tells us a lot about how much time the city had to include community or to not include them. Who was the key people who were involved in the budget process? And why was the budget approved during a special meeting instead of a regular meeting? And what community engagement Agenda Item No. 7
was planned for this budget? We're a city that is supposed to be transparent, supposed to be community centered, and we don't see that happening and we're very disappointed because this is a lot of money and this is a way to get regular people, young people involved in the civic process.” 2) Riley Ramos, Primavera Drive – “As someone who is born and raised in Delano and extremely involved with Delano's community, I'm extremely disappointed in the lack of transparency and the lack of community engagement outside of community officials and staff when it comes to the allocation of funds, especially with a yearly budget as large as over 100 million. I also phone bank and hear feedback from current Delano residents frequently. Most Delano residents I speak to ask me why there isn't a larger budget allocated to these specific things. Youth recreation, COVID, 19 resources, mental health resources, housing, fixing our roads, expansion of Delano's er based on responses I hear back from Delano residents, the city's current budget doesn't reflect Delano's needs. Thank you for your time, city council.” 3) Alexis, 10th Avenue – “I lived in Delano my whole life and I saw Delano grow in the past years and Delano being the eighth fastest growing economy in California. This budget, if used correctly, can keep us at this place or bring us to a higher spot and the budget objectives says a goal is to provide highest level of service to the community, but yet sadly, the community had nothing to say. So that brings me to the point of a community engagement plan so that the community deserves to be engaged with and it shows that our government, our council, the people that are supposed to work for the community engages with them and actively, and all we ask is for the city manager to revise the budget and to be more transparent in that budget summary. Thank you all for your service and thank you all for your time.” 4) Nav, San Felice Way – “So I was looking at the approved budget for 2023- 2024 and 2024 -2025. And as I do agree that we need a large budget to be able to sustain the increase in growth of Delano. I believe that we should be investing in current infrastructure such as the roads. Every time I go to school, I'm constantly dodging potholes and having to avoid bumps in the road over on Browning. I also believe that many of our buildings are outdated and slowly falling apart, so we should be investing more into those buildings before we invest in the future infrastructures. Lastly, I just wanted to ask if the community was informed about the special city council meeting in which the budget was approved. If I myself being an engaged member of the city council was not aware of this meeting, was the general public aware of this meeting? And not only that, where is this money coming from and where will the money be utilized? Thank you for your time.” 5) Pastor David Vivas, Delano – “I just wanted to say that there was a senate bill that was passed here this past week, Senate bill 14, which had to do with human and child trafficking and it's very appalling that that bill was stalled in somewhere around July. But thankfully we had strong leadership that was behind this bill. Some of the authors and co-authors, Senator Shannon Grove, our assemblywoman Jasmeet Bains and they were quite persistent. It got stalled of course in July and you would just think that something like this would be pushed forward because we should all be concerned about the wellbeing of children, and we found out that California has a very high rate of human child trafficking than any other state in the United States. And if we should be fighting for anybody, we should be fighting for little children. Councilwoman Vasquez, you work for CPS and I'm sure that you have maybe seen or come across these types of situations and it's obviously you must have to deal with that firsthand. And I know it's probably very disturbing and I know that any of us here today that have children our grandchildren find it equally disturbing. And so, I just thank and commend the representative here tonight. Clarabelle Gutierrez who is with Assemblywoman Bains, I'm so glad that we have a strong leader in Sacramento. That's what we need because we have too many weak leaders in Sacramento and even the governor, Governor Newsom, he was appalled that it got stalled and so anyway, I just thought that this would be something worthwhile mentioning. Also, another issue, I'm very disturbed over the fact of the violence against a couple of officers. One was a deputy sheriff in Palmdale who was shot and killed just a couple of days ago at a signal light. Somebody pulled next to him, younger person and then in Las Vegas a retired police chief was driving his bicycle, and a 17-year-old teenager and passenger were driving right behind, and they recognized the retired chief riding his bicycle and they thought it was funny. They said, let's hit him. And they did and unfortunately, they killed him.

There's an ideology going across our nation, defund the police, lack of respect for law enforcement and one thing that a good police officer cannot stand is a bad police officer, but the majority of officers are to be commended because they put their lives in harm's way every day.” 6) Anahi – “I'm here to also advocate for more transparency with the way the city approves and uses the community's money. You all talk often about a united community, but to get there, you have to build trust first and you do that by taking actions that actually involve the community. This is not the first time that we're here talking about a process that involves budget or decisions that have to do with the community. So once again, very disappointed in that. I would like to urge you all to start changing your habits of not engaging the community in important processes like the city budget loud for tomorrow is here to support the development of youth leaders like all the young people that you all saw speak before me and see them develop as community leaders. So you'll definitely be seeing us more often. Lastly, I want to raise awareness of a process called participatory budgeting process. This is not something new. This is something that more and more cities are participating in and are having success in actually uniting the community by asking for the input intentionally. And I want to share the definition of participatory budgeting, what it is. I Googled it, it sounds great and I feel this is what Delano needs. Every city needs more community input. I am part of a board and we are a tiny town, but we are currently trying to engage the community. I don't get paid to be on that board, but I am trying my best to actually bring community voices to that budget process. So a city manager that gets paid well or other city staff that gets paid well, I expect that they could do a much better job than I can. Anyways, back to the definition, participatory budgeting has emerged as one of the strongest methods of community engagement for governments looking to make their communities more inclusive and participatory. By organizing a participatory budget, you can tap directly into the collective intelligence of your community and align the allocation of public funds with real life community needs. Thank you all for listening and I know that for this year you all might not listen to what the youth are asking for more assessment of what the community actually needs, but I know this process happens yearly, so maybe next year you all will actually involve the community a little bit more.

But that is all. Thank you.”
7) Anthony Cortez, 282 Shell Beach Ct. – “Since I moved back to Delano, I've attended the city council meetings and I want to thank the city for having access to go to the agendas when they come out. I have the app that gives me notification that the agenda is out for the next meeting, so I'm able to go in there and see all that and if I have a question on something or if I want more information, I can scroll down to that agenda and it's got everything on there that I need to see and read and if I have any questions or concerns about anything, then I can ask. So, all the information's there. So that's one thing I just want to point out that we do have access to that and to be engaged and go to the agendas and check out what's going on and come and voice your concern. One thing I want to thank Roman here, city manager also too for the information they gave me regarding over Parkway, I also want to thank the Delano Police Department and the city for putting up a speed sign on Pacio Menino. Okay, I did not know that that was there, but did that happen because I brought this up or what? I don't know, but I was walking my dog in that area, and I noticed that there and I'm like, wow, what a go way to go. So, thank you very much for that. Also too, mayor, I know you have the authority to do this or not, but on the believe it was the fifth when we had our meeting, there was a discussion, excuse me, on the regular agenda. I would ask that maybe you would consider giving the public a 30 second or 15 second rebuttal or comment because when you all of you discuss these agendas up there, it brings up other things, other questions, other ideas that as public as myself have questions or could add to your discussion. So, I'd just like for you to maybe consider that mayor in the future. Okay? Thank you.”
8) Arnold Morrison, 1808 Terrance Drive – “I just wanted to make a correction because I just got a note from the superintendent about the Kiddie parade. The judging is at 1 45 and the parade starts at two because remember they mentioned 2:30.”

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 $$4,139,774.55
Motion was made by: Solorio-Ruiz to approved items 1-2 on consent items; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao /Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None

PUBLIC HEARINGS
No items.

REGULAR AGENDA
3) Request from Delano Chamber of Commerce for a sponsorship of $2,500 for the 2nd Annual State of the City, Board Installation, and Community Awards Night
Sunshine Hernandez, Chamber of Commerce – “Good evening, honorable mayor, city council and city staff. I'm Sunshine Hernandez, president and CEO of the Delano Chamber of Commerce. We are requesting sponsorship from you for our second annual State of the city event, which obviously we started last year. We have incorporated our community awards, which highlights businesses and organizations in our city as well as individuals who give back to our community. So we would like for you to consider a sponsorship. I did speak to staff a few weeks ago regarding your attendance there and that I think you were requesting maybe two tables. So that's part of the package that we are including in that request. Obviously the most expensive part of the event is the food because we are recognizing our awardees as well as providing an opportunity for the city as well as the mayor to address the public and the mayor's address is what it is called. So we would like to include obviously your whole staff there as well. So I'm here more for questions. If anyone has any specific questions” Public Comment opens. – No comments
Public Comment closes.

Morris – “Is this the amount more or less that we sponsored last year?” Sunshine Hernandez, Chamber of Commerce – “I did not request sponsorship from the city last year as it was our very first time doing it. I kind of needed to gauge what our needs were and what our expenses were so that I can ask for sponsorship this year.”
Morris – “Yeah, it is a pretty big deal. I know I went last year, there was a lot of people and the purpose of it is actually to recognize all those businesses that have contributed to the retail of this community. So I can certainly see that it was a costly event with the meal because they do invite all everyone that's been nominated, right?”
Sunshine Hernandez, Chamber of Commerce –“Yeah. All the businesses that have been nominated. So there's a number of people.”
Morris – “Okay. No, and I think that's all I, it's a great event for the community.” Nunez – “ I have a few questions if you want to just write these down or you can take 'em down then you can answer 'em all together at the end. What is the budget for this event? What is the cost to put it totally together and what other sponsors have you put together or do you have for this event? Vasquez – “Was going to say thank you. I went and last and I appreciate the modifications that you're making to involve the city and actually have a couple of tables for the city staff. I think that's something that was missing last year and I think that's a good addition for you to be adding. Thank you.” Solorio-Ruiz – “City manager did we, I know last time we discussed about sponsorships and whatnot, I believe we stated that we were interested in possibly looking more so for a reimbursement process. Is that still in the works?” City Manager Reyna – “That is on the staff report Vice mayor, so it should council decide to provide the monetary sponsorship then it would be at the request of staff to have it on a reimbursement receipt basis.

So, we would reimburse as they bring those receipts.”
Solorio-Ruiz – “Thank you. Just wanted to confirm. Other than that, I think I did not attend last year's event, so I apologize one year later. But overall though, I think it's still a beneficial event to spotlight community leaders who are doing good work and to spotlight the city as a whole for the growth that we have had. I think we oftentimes, I always say that we need to tout our own horns, we need to be able to produce the messaging to our community of the good stuff that's happening and I think if the chamber is more than happy to collaborate in that front, I think that is the best option that we have. So I appreciate it and I'm in support.”
Vasquez – “With that being said, I have a follow up question because on the agenda it doesn't indicate department reports that that's part of it. So how would that process work when they brought this, before that policy passed, would that policy apply to this current situation? I looked at the agenda and on department reports it doesn't indicate that we have anything to be reported. I see something for closed session” City Manager Reyna – “Regarding the sponsorship council member?” Vasquez – “Yeah, you just mentioned about reimbursement” City Manager Reyna – “It's on the staff report.”
Vasquez – “But is that on the agenda? I don't see it on the agenda that there is a staff report unless I'm missing it.”
City Manager Reyna – “It's item number three on the under regular agenda.” Vasquez – “Okay, well would that would apply to this since they came before this was being passed?” City Manager Reyna –“Well that was my response to the vice mayor. Should counsel approve it, staff is requesting that it would be a condition that we would request that it be on a reimbursement receipt basis.

That's on the staff report.”
Solorio-Ruiz – “So it's necessarily together. It's with the approval of tonight's for the chamber, it's together.” City Manager Reyna – “That is what staff is recommending. If it's the pleasure of the council to not include that condition, then that would be up to the council.” Vasquez – “I was just saying that's a regular agenda item. It's not actual staff report. They intertwined it. It sounded like it was a separate issue.”
Sunshine Hernandez, Chamber of Commerce – “Okay, so the estimated cost is around 10,000 and we do have some sponsorships from other organizations as of today, which total 6,500. So what was the other question? That was it. Right? Cost and sponsorships. Was there anything else? Alindajao – “How many sponsorships do you have right now? I'm not sure if you mentioned that.” Sunshine Hernandez, Chamber of Commerce – “$6,500”
Alindajao – “How many sponsors does that represent?”
Sunshine Hernandez, Chamber of Commerce – “5”
Alindajao – “I think that the state of the city I wasn't able to attend as well. I was out of town last year, but I think it's a great idea. I think it's a nice evening to feature good things that are happening in the city.

Future businesses that have been in the city for a long time or maybe a short time, but just celebrating our retail community, our business community I think is important. Part of what makes really the, at least Delano go round because of the impact they have and the influence they have in our city. So I think it's a great event. Does the chamber or do you have any issues with receiving those monies on a reimbursement basis?”
Sunshine Hernandez, Chamber of Commerce – “So my question would be would it be every expense that we have that you would want a receipt for or what exactly?” Alindajao –“The amount that if the city is donated, it sounds like if the city's donated $2,500 then receipts, establishing the expense up to that amount is what the city's looking for in terms of the money that's maybe donated.”
Sunshine Hernandez, Chamber of Commerce – “Definitely do not have an issue with that because it far exceeds that.”
Alindajao – “Okay. Very well.”
City Attorney Richman – “And to make clear that it would be for the reimbursement as well.” Vasquez – “Well that's what I was going to ask Rachel because I'm looking, I have the full packet agenda and I'm trying to see where it says the reimbursement process.” City Attorney Richman – “It doesn't need to be on the agenda, it's just part of the motion and direction from counsel. You're approving the, if you approve the 2,500, it's subject to reimbursement. That's just part of the motion. It doesn't have to be listed on the agenda.” Vasquez – “It sounded like we had a new policy or something. That’s why I was asking.” City Attorney Richman – “I don't believe there was anything about a policy. Okay. It was just that for this they're requesting that the motion include reimbursement.” Vasquez – “Okay. Thanks.”
Motion to approve was made by: Solorio-Ruiz
2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None
4) Request from R&F Disposal Inc. to assign Agreement No. 1988-29 and all amendments thereto for roll-off refuse collection services to USA Waste of California, Inc.

Staff report provided by City Engineer Dowling.

Lorenzo Irizary from R&F spoke in favor of this agreement.

Josh Mann from USA Waste of California, Inc. spoke in favor if this agreement.

Public comment opens. No comments.

Vasquez – No comment.

Morris – “I'd just like to say congratulations and we wish you much success and surely if you really want to get involved, you see that a lot of things are happening in our community. So we thrive on the partnership that we have with our people who live in this community and who do business in our community. So thank you.” Solorio-Ruiz – “I do have a few questions. I'm not sure who can respond to them, but my two questions that I have is will this have any direct impact? And I apologize for not doing my due diligence beforehand, but will this have any direct impact on our current residence right now as far as any fees or increased fees or et cetera, things like that.

And then the second question is, will any practices change with the new ownership?” Josh Mann from USA Waste of California, Inc – “Great questions. And once I fully expected in acquiring the business and should the council feel compelled to approve the assignment tonight that we are accepting with the exception of the change that was mentioned earlier by Roman, the franchise agreement as is. So that means that none of the current language is changing with the exception of the increased benefit for the city, which we fully understand. Knowing the increased time for staff to be able to make sure they're complying with all of the new state regulations. And that really rolls into the second part of your question. So while the language is not changing and the fees are not changing with the exception of the franchise fee, that we will be working with the city manager and Roman to make sure that we're bringing the agreement up to date with current state regulations, specifically with regards to meeting California Senate Bill 1383 and the diversion of organic materials from the landfill. And so we're fully understanding in terms of that really is the playing field that we're all every jurisdiction in California is dealing with currently and looking forward to that opportunity to sit down and make sure that ultimately we're assisting in the way that the city would like us to assist in complying with those state regulations.” Solorio-Ruiz – “Thank you. And I do want to communicate to Mr. Za that congratulations, I think it is the beauty of this country to be able to own a business and to be able to one day and it fell through your comments, the sentiments that you feel in regards to this change of ownership. And I think there's beauty in that and I congratulate you for that. And thank you for doing business in the city of Delano.” Josh Mann from USA Waste of California, Inc – “As a testament to that that we're acquiring as business lock, stock and barrel. So every piece of equipment and we have invited all of his employees to join us and so again, we're looking for that continuity of the great business that he's built just with a new name on it.”
Alindajao – “I think I just have a few questions, Mr. Man, don't go too far. I have a few questions for you, but first I wanted to say Lorenzo, congratulations. I know it wasn't an easy decision, it was a tough decision. You've had that business in your family for a long time. At the same time I think it also going to allow you to pursue other dreams and passions that you have other than the business. So congratulations if it goes that way. Mr. Mann, can you tell us a little about your company and am I saying your name right? I think the agenda says USA waste of California or is it Waste Management?”
Josh Mann from USA Waste of California, Inc – “Yeah, so Waste Management is the name everybody knows, certainly plastered on the side of our green trucks. And that being said, this is that the WM that we know of today is actually the marriage of the old waste management and USA waste. So they came together here about 25 years ago and that the things that we took, we took the waste management name and the green and gold of USA waste. That being said from a corporate structure standpoint, that a lot of the legacy structures of USA waste still exist and so the acquiring entity is a waste management incorporated subsidiary, wholly owned subsidiary USA Waste of California.” Alindajao – “Can you tell us a little about your company? How long has it been around, what other jurisdictions you service?”
Josh Mann from USA Waste of California, Inc - “Certainly. Yeah, so I've been around servicing in California for decades, both going back on the waste management side as well as on the USA waste side.

The WM that we know today has really been around for about 25 years. As I said, we have a long history in servicing Kern County. We have a facility, McKitrick Landfill that we've owned for many decades. We're also a hauler in Kern County and throughout the Central Valley. So we're servicing on the east side of Kern County, the cities of California City and Ridgecrest and Tehachapi. We're also a franchise hauler to the county of Kern moving north. You'll find us in the city of Fowler where we've had a longstanding history. I think it's 40 some years, right? About 40 years. Very familiar with the circumstances of operating in Kern County, which I know are unique from a lot of other places with regards to the landfill system. And that being said, this is that while we are not as familiar with Delano, we hope to get up to speed and meet with you all. This was kind of a unique situation, but from a standpoint of getting over this assignment, we look very much in becoming a close part of this community, knowing how important that RNF has been. We want to be that same good community partner.”
Alindajao - “Thank you Mr. Man, appreciate that. Yeah, welcome to Delano.” Motion to approve was made by: Nunez
2nd by: Solorio- Ruiz
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None
5) Review and selection to award the Request for Proposal to sell Surplus Land (APN: 410-020-04-4) located on County Line and Highway 99
Staff report provided by Economic Development Specialist Fernandez.

Waylon Dunlap – “I'm representing the property owners directly adjacent to the surplus property is being sold.

The comment that our group has is that in the staff report, the Bomar properties was allowed to supplement their bid after the deadline. When you read the staff report, the staff report says that all bids were due on July 12th. Omar Properties updated their bid on August 3rd, so the other three bidders were not allowed to supplement their bid or increase the value of their bid. So I would consider that the bidding process has been tainted. It has not allowed the other bidders the equal opportunity that BOMAR properties was given.” Alindajao – “And what amount was your bid?”
Waylon Dunlap – “Our was 300,000. But had we been given the opportunity after the release of the appraisal, we could have made a change to that bid.”
Jasveer Brar – “We are the owner of Lucky Seven. That is the property right next to us, the surplus land. I'm going to try to make a case that in the long haul, yes, the Beau Mar property has more price at this time, but in long run it will be for the considering the safety ingress egress issue and revenue for the city. We are planning to, since we have adjacent sent land, we are planning to have a multisite retail there at least three of them because we can use the part of our land as a parking. So BOMAR property has presented a small Starbucks, I think 13 or 1500 square foot with we using adjacent land, we will have roughly the size of 2,500. Either Starbucks or Dutch Bros. We are in touch with both of them. Starbuck or Dutch Bros is not related to us or BOMAR. They will go whoever has the proper second. We also want something with the Delano stamp in our center with the small business. Allow that Delino residents to have the opportunity to run their own business. What I'm trying to say, it may seem like that our offer is low now, but if you look at in the long run with the revenue retail tax revenue and property tax revenue, it'll make up roughly dollar calculation within five year. After that, it'll increase, will pay much more in the long run to the city. Also our kids, we are not looking at a box Starbucks where there's no sit down. Our kids can sit down in the 2,500 Starbucks and enjoy free wifi and it will not be using the adjacent property. It'll not be any traffic issue, any ingress egress issue will not be any safety issue. Our offer is also the best because we are closing it in 45 day while BOMAR properties are closing 200 plus days. So we are taking a risk that in 200 plus days, if they change, the mind property will come back to City of Delano. So we are part of the city, we are serving the daily customer at our location right day in and day out. We live pre the same air with the city of Delano. We not know investors that going to run away. We have a long-term plan to revitalize the entire center entire area to make it a beautiful gas station.

Put a couple of more items in that and also bring much, much more.valuable property to our city of Delano. And that's where we are that you consider everything overall. When you look at overall, you will immediately realize that our offer, the best offer that we have.”
Nav – “I'm part of the Lucky Seven ownership group. The ownership party. We successfully closed on that in the last two weeks, so it's a great feeling and privilege to be here. Part of the Delano community. I myself have been here every single day, 12 hour plus days. So it's great to getting to know the residents of the city I'm local to. The Central Valley was born and raised here, so it is a privilege. I wanted to start off with, we also submitted a bid on this adjacent surplus land property quickly after closing escrow. We really got to feel the culture of Delano being able to be a part of Harvest Holiday and having any impact that we can have on that. It just goes to show the culture that Delano is just aside from being a bigger metro city, it is a growing city and it's having that culture and that close knit family ties is what really sets the Central Valley set aside from other cities in California. So we are very excited to be here. Also, just want to express my gratitude and appreciation to all city staff and everyone who works in collaboration to operate the city. I imagine that is a stressful thing. My parents we're both, my dad still is Jesse, who was just here before me, is still a government worker for the past 25 years. My mom was a rural rail carrier for 20 plus years. I understand the obligations and work and necessities that the government work puts you guys in on a daily basis. So I just want to say thank you for the public service that you guys do. I'm here today to just give the best snippet of why our bid is the highest and best case of why the proposal should be awarded to us. Our objective reasoning on this is based on three main points. Those points are going to be that this project that we have submitted is the safest project for the city of Delano. Our project will propose the most amount of revenue and generated dollars back into the economic activity of the city of. And lastly, it will also have a synergistic and a symmetrical approach to how both the Lucky seven, how we plan to redevelop that and bring that image up. It will also have that same symmetrical and synergistic feel to the adjacent property. So I'm going to just elaborate a little bit further on those three main points that I'm giving. Our project is the safest for the city. I don't know if any of y'all have had the opportunity to see exactly where the surplus land is, but it is right before the on-ramp on High Street, excuse me, on County Line Road and the on-ramp, the ingress and egress of the adjacent property is very, very close to the off-ramp for Caltrans onto the 99 freeway. With that being said that we avoid a situation where there's not vehicles stacking on, no matter which way this decision goes, it avoids the situation where this doesn't stack on to County Line Road because I've been there for the last two weeks before that too. But I've been there every single day for the last two weeks and been able to see the traffic on County Line Road and it is quite substantial. So all I ask is just consideration of the safety components, whether whichever way this goes of our residents of the city of Delano, onto the second main point, our project will generate the most amount of revenue and dollars back into the system for the city of Delano. Although yes, there might be a higher bid. And again, if we're given that opportunity of amending that bid based off of what has already been published into the city record, we would definitely take on that opportunity. However, we weren't known of that issue or that availability because the directions in the Surplus Land Act said all bids are due by 2:00 PM and no bids will be taken past that. So simple going along Jesse's point that we're not simply proposing a 1300 square foot drive-through, we're proposing something bigger and much grander that will not only be a utility for freeway traffic, but also be a utility for local residents of the city of Delano. Just as Jesse had said, that we can have a place where our children, our kids, I mean these days everyone can go back to school. So anybody can have free wifi access to free wifi. Me, I had wifi at home, but I used to love to study at Starbucks just because it gave me time away from sometimes family. So this multi retail development will have a big brand anchor that we're offering and also offer small businesses in the city of Delano. They're opportunity to succeed in their own city, whether that's a local nail shop, local franchisees such as Jersey Mike's or Quiznos or Dunking Donuts, Jimmy John's, these are all locally run establishments with local run franchisees. So we're looking to have that opportunity here and put back into the system and not simply just be a corporate Starbucks and that's it.

That's in my, isn't the best use of a city owned land. Given those points, I believe that our proposal will give the city of Delano. I know that in the beginning I just want to hit this point that there might be a higher offer in terms of a hundred thousand dollars, but what's going to submit back into the city and back into the economic activity of the city and long-term revenue for the city is going to be this project that we are proposing through our request for proposal. And lastly, our project is going to put millions of dollars into not only the surplus land where we would be developing, but it would also put it into Lucky seven and have that synergistic approach where all buildings, not all buildings, but they have the same feel and look and touch of it on the same road. That's very important in development in our cities that are very newly developed such as city of Delano, city of Bakersfield, the McFarland, or these places to go on Woollomes. We can see that the city is being built in a specific precise way so that way nothing stands out and it looks great bold, and it's a good look for when our interchange traffic is coming through and enjoying our utilities of our city. So ultimately I believe for these reasons this is why our case would be the best case for this project. Although again, I'm going to say that there's synergy and development and symmetrical appearances off the road and we're Central Valley born and raised. Those are the reasons why I think we're best case. And lastly, I just want to end on a fairness approach. We, as has been mentioned before, we would just like a fair opportunity that if it is possible to amend, we would love that opportunity. I understand that you guys, you all have your own things that you guys have to follow. We just were not aware of those because in the initial instructions allotted, we weren't enough. We weren't known to those things. So again, lastly, I appreciate everyone's time. Thank you. Thank you for hearing that.”
Mr. Rashpal Singh Bains – Submitted a letter for the record, reads as follows, “Dear Honorable City of Delano, my name is Mr. Bains and I owned the Lucky seven on High Street / County Line Road for over 20 years and operated myself. This piece of property on the agenda today was offered to me multiple times without going to the bidding process because the city was aware of the traffic issue and did not want an ingress and egress issue without utilizing my adjacent property. I'm a voting citizen and live in Delano at the address of 2221 Fiori Street. This piece of property on the agenda today was offered to me and a buyer who was buying my station for $250,000 and was an escrow in 2019 and early 2020. At that time, the property did not go through the bidding process because the city council at that time was aware of the ingress and egress and traffic issue and wanted the adjacent property to buy it to avoid any safety issues. With this understanding, I strongly suggest city council work with the new Lucky 7 owners on High Street to avoid any traffic ingress issues. Thank you for your time. Sincerely, Mr. Rashpal Singh Bains.”
Public comment opens.

1. Alec Olivari, Bomar Partners – “We just wanted to thank the council members and the city of Delano for their consideration on our proposal for the land at County Line and Highway 99. If there are any questions from the council, we will try to answer them as appropriately as we can.”

2. Eric Arias – “I am calling in today on this item to speak in support of actually the second highest bid from Jesse Brar and the Brar family. And I just had a couple of thoughts that I wanted to share with you all.

Although I think that Jesse and the team covered many of them. I just wanted to emphasize a couple of pieces. Obviously as a fellow elected, it was interesting to me to see that a request for proposals and a surplus land opportunity were combined because as I understand it, when there is an RFP process in play, typically what that signals to me is that there is not only a competitive process but an opportunity to take things into consideration outside of just the price point. And I think that the bra families has communicated effectively that there's really a pretty big difference between highest price point and the highest value. And I think when you take a look at the holistic approach for all of the projects that have been submitted and bid for by and large, Jesse and his team are prepared to make close to a million dollars worth of investments into that corner. Looking to redevelop obviously the market there and the gas station, but also like Navi may have mentioned, create some synergy, some look and feel and some similarities between the two developments. And I think that there's definitely some value in taking those items into consideration considering Delano has an incredible gateway from the south and this from my perspective, would be that opportunity from the north for everybody who's traveling from the north side into Delano. This is a really important opportunity for you to be able to signal to folks who are traveling through that Delano’s, a place that they may want to stop by. So the other thing that I wanted to mention is that there was a second bid that was submitted by the highest bidder on August 3rd at least that's when it was stated. The deadline to my understanding with the city's process was on July 13th, which is clearly almost a month out from that deadline. And so considering all of those points and the fact that this is such an important opportunity for the city of Delano to get the very best project in this location, I would just make a recommendation to this council to give it some further thought. Let's push the pause button just a little bit. Invite everybody to the table to go through a fair and competitive process and dig a little deeper into the details because I think that the city of Delano deserves that. And I know that this council has made many important decisions by thinking about the broader public good. And I am sure that they'll make the right one in this case as well.

So that concludes my comments. Thank you so much.”
Public comment closes.

Vasquez – “Well first of all, I'd like to thank you all for coming here today and giving us details in regards to the process, what you've experienced and the thorough plan that you want to do to provide to our committee. And I greatly appreciate that. And the public comment that was just given by Mr. Arias to me, that makes sense to me in regards to, I don't know who I would ask with the city, but why something would be asked, I guess taken after the deadline and then that would be the person that we would give it to. I don't know if you can even answer that to today and how that process would be in regards to us. I mean, but the way that you clearly explained it to me, you met the deadline, you meet our community needs and that makes sense to me. I think it's pretty clear cut and that simple, but I don't know if staff can answer that question, but even if you can at this point, it's kind of clear that they didn't meet the deadline. Thank you.”
Nunez – “Based on what I read initially, and I'm going based on the numbers that were provided to us by staff, this is just what they bid for the property based on what they bid on the property, not looking at the second number that came in from one company. All these companies underbid what the property is worth regardless of what the project they want to put on. We can't force them on any project or make 'em do anything. They can pretty much buy this property and tell us they're going to build a Costco on that corner. Once they own the property, they can change their mine and build whatever they want. There's nothing we can legally do to bind them to build anything we want them on or they want on there. This is based on a piece of property that we own and that we're selling. As a property owner, I want to get the most money I can for my property, what you do with the property afterwards, as long as you do everything legally, there's not much I can really say or do as a owner once you own it. My suggestion would be that we reject all the bids based on the initial bids that everybody submitted because the highest bid still was less than what they came back appraised at way less.”
Morris – “Yeah. I have a problem with this one too because you figure all bids were supposed to be submitted by the 13th and everybody made a bid. Everybody, the people that bid on it had no idea what the land was appraised at. The appraisal didn't come in until September, September the 12th to be exact. So all these people went blindly not knowing where the appraisal was or what the land was worth. So how could they really account for how much they were going to put their bid in for? And then for some reason, rather then Omar comes in and he puts a new bid in for 4 35, which is a revised bid, which is quite close to what the city is appraising that property for. So how is it that they know to come that close where the bid is and no, it just sounds kind of weird to me that they would have that information and basically by reading Mr. Bro's project, I really like his project because I really think economic development with the economic development that's going to go out there with his project, and of course we don't ever can't get a problem and say, yeah, that's what I'm going to do, but I'm basing that they're going to do what they say they're going to do. But I think we'll get more sales taxes out of the project that they have out there because they'll have more retail. Not only that, they own the gas station, which is right on the corner, which is I'm sure what I can read, they're going to turn into an am PM arco out there. It would make more sense for it to be one piece of land without having to have a fence in between or to separate the two businesses from the one, the other one that's going to go back and their property. It would look more cohesive if it was all one property and seems to me like it would run way smoother. So for me, I think Delano deserves the best and we care about what's happening in our community. And although it seems like a lot of money that the first bid came in on, I think we have to look at the aesthetics of our community and what goes out there and where it's a little gateway coming into the community from the outside coming in. And I think the project would go perfectly and beautiful on that. So that would be my comments for now. I think that would be the best project for that. Even though you may say that the bid was a lot higher for the person, but that just doesn't seem right to me. So I'm with Mr. Brar’s project.” Solorio-Ruiz – “Yeah, I have a similar question and concern as my colleagues have brought forward to city staff in regards to the fairness of the process of the RFP. But I also, I want to say that as well, that I know that I trust the process and I trust staff and what they provide and the input that they provide to the staff reports. And also thank you for answering my phone call earlier and telling me more about these projects and the pros and cons. Because at the end of the day, and I want all the entities who are here to really understand this, is that today we are making the decision based off on what we have right now in front of us. And this is a business decision, quite frankly, of what is beneficial to our community in terms of the funds that we're going to get. I think Councilman Nunez said it's spot on.

We are trying to get really the more bang for our buck in terms of the land that we have. And that's one thing that I was also advised on is that the fact that you can tell us that you are going to create X, Y, Z, you're going to create Disneyland, but you might not. And that's just the reality of things. It's not whether we agree with it or not. That's just the truth of it. We can't hold you up to that. So at the end of the day, I think we have to base it off of what's going to give us more benefit to the city immediately. And so that's kind of the way that I'm going to navigate my vote tonight if there is one, is to really just look at it based off what we see right now. I appreciate Mr. Barr, I appreciate you entirely. First off, for one to do business in the city of Delano for owning and running Lucky seven. It's an honorable thing and I hope that we can still, regardless of the vote tonight, to still partner in the future. Just because one door closes doesn't mean that future doors close as well. But I do want to get some comments from staff in regards to the RFP process and how the fairness went. But I also agree with Councilwoman Morris in regards to the appraisal and when did the entities, who applied, when did they see the appraisal and then when was the submission afterwards? Is that normally the process that folks usually take? And we can go from there as well. Vice mayor. All right, so I have a few questions. Is that a fact that the Mr. Olivieri and his be Mar partners were allowed to make a bid after the deadline? Is that accurate?”
City Manager Reyna – “Bomar did submit an amendment. However, at the time, none of the packages had been opened, so we were not aware. In other words, because we were trying to prepare for the meeting, we hadn't opened any of the packages. When we received Bo Mar's second submittal, it was just in an envelope. So it was attached. It is in your package. So you guys are aware of the initial submittal, which was 385,000, and then the amendment went up to 435,000. It is not incumbent upon staff to do the work of the applicants. It is in their benefit and it's their due diligence to get the appraisal on any property. They can run comps, they can work with the realtor, they can work with the title company and they can run comps and they can get an appraised value or at least a good estimate of how much a property is worth.

The city did go out and get our own, but it is not our job to do their job. So it was done at different times.

Once we received all four submittals, then the city went out and got their appraisal.” Alindajao – “$385,000. Do you know what date that was received? The amended, if you know? City Manager Reyna – “Yes sir. It should be August 3rd is when we received it.” Alindajao – “But is it fair to say that amended bid shouldn't have been received because it was past the deadline?
City Manager Reyna – “It certainly can. I mean, again, it's included in your packet so you guys are aware. You can take it into consideration as one proposal or you can dissect it and just take the initial, that's your call. It still would be the highest bid or the highest submittal. Again, it's probably not the appraised value as that is $440,000.”
Alindajao – “And does the RFP process make room for amendments even past the deadline as it's written in our city code?
City Manager Reyna – “I wouldn't know the answer to that, mayor.” City Attorney Richman – “Mayor, if I can just say a little bit to that too. We're using the word bid quite a bit and I think it's important to know that there is a difference. So the bid language is when we're talking about projects that are subject to the public contracting code and that does have sort of the requirements of you have to go with the lowest responsive bidder, you have to close those bids. You cannot allow anything to come in afterwards. This was more of the process that city staff decided to use in order to see what kind of interest was out there. And they did this more as a request for proposals. Now, issues of fairness, that's within the council's determination, but as far as we don't have anything in the code for sort of this proposal process that was asked for. I did recommend that they get an appraisal. When I saw these numbers, I did have some concerns that I think to the point that we're hearing some really great projects. But as has been stated by some of the council, there's no ability to bind them to those. And really what is important for the council to consider is that they're selling this at fair market value. So there's no issues with gifts of public funds potentially triggering prevailing wages on the projects if we are selling it at below Fair Market.” Alindajao - Okay, thank you for that. So it looks like the deadline was July 12th. We were in the receipt of the amended valuation or proposal or bid on August 3rd and two, I think Council Member Nunez and the Vice mayor's point, we're not making a value judgment on the project or we can't base our decision on promised future profits or revenues or scope of project. We cannot consider that this is simply the sale of land. The fact that this project might go up or that project might go up is of at least not persuasive to me Here. We're going to sell the land to the highest bidder and the highest bidder has to be, I think at minimum, within 10% of the fair market value of the property, which if you excluded Mr. Ari's bid outside the seven 12 date is still in my calculation well below the 10% threshold. So I guess I'll ask Rachel this question. If we're going outside the 10% of the bid window, then can that be interpreted as a gift of public funds?
City Attorney Richman – “I think you could maybe waiver a little more than that on maybe 15 or so percent. There's no hard and fast rule, but the further you deviate from that, then the more able summit could make that argument.”
Alindajao – “So at 10% of 440,000 we'd be, at $396,000.” City Attorney Richman – “It's still higher than what their initial bid was.” Alindajao – “Now the question is that is outside the 10% window. At 15%, that would be around 374,000.

So that means even Mr. Olivari and the Bomar Group would be within that 15% window, even discounting their amended bid on eight three, according to my math. Now, some folks made an issue of, well, we didn't know what the property was going to cost or we didn't know what the value was. But as the city managers told us, and I completely agree with her, is that valuation of property, that's up to project managers that are in this kind of business to do. It's their responsibility to come up with what they think the fair market value is of that property, compare with whatever the case might be, and then make a bid within that 10 to 15% window. But as I see it, the only person, again, discounting the supplemental bid from Mr. Olivieri and the Bomar Group, they're still above the 15% window of fair market value of $440,000. So it requires us to take the highest bidder. That's what the law says and that's what the project demands and looks like at this point. It's the Bomar Group. Mr. Olivieri, again, I want to remind my colleagues this is not about the best project. This is about the highest bidder for the sale of land.” City Attorney Richman – “And mayor and counsel, if I can make a suggestion, because you do have the offer of the $435,000, but again, with the idea of let's get the highest value that the city can get, you may want to allow the four to come back and see what your highest value is. So you don't have to, I know we have this proposal process, but we're not subject to that. And if there's more money on the table, it might be something the council might want to do.”
Alindajao – “That would be my suggestion to my colleague. Someone wants to make to table this project, reopen it for bids. Now all the proposed bidders now understand what the fair market value of the property is and then rebid the projects. Does anybody have a desire for that?” Nunez – “I have a motion that we reject all the bids and resend it back out.” Motion to reject all bids and resend the RFP back out by: Nunez 2nd by: Vasquez
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None

DEPARTMENTAL REPORTS
No Items.

COUNCIL STATEMENTS AND REPORTS
Morris – “I’d just like to invite everybody out to the show, seeing a show on Saturday Mountain support us or support Harbor's holidays. And as you know, Harbor's Holiday has been a long tradition in our community for the last 77, 78 years now, and we are trying to keep that tradition alive in our community. So come out and support us and we appreciate all the help that our community has given us. Thank you.” Nunez – “Nothing other than if I don't mention this kid's birthday. His name's Jacob Rodriguez and he plays football for me. If I don't mention his name, he's going to get on me this week. So happy birthday Jacob.” Vasquez – “I guess they go hand in hand. Once again, I'm going to ask that we hire somebody to do our public relations and do outreach in our community because time and time again, even before I got on the council, that has been an ongoing issue of the community not being notified of major things and major events. The other thing is I still think that we can do the right thing by doing a presentation of the budget and having community input. That's not an end for all just because we voted on it in a special meeting. And I really believe that because we don't have great outreach that continues to hinder us in our community. The other thing is in regards to commercially sexually exploited children. Yes, I was following that bill and I am pleased with the outcome. It does have an impact on my colleagues. And when I started working with the department in 2007, that was not such a thing. And I remember when we had the first person that was exploiting children, and it seems so long ago, but not so long ago because it hasn't made much of an impact in certain matters. And back then, we didn't have a unit. We actually have a unit now that addresses that. So that's a huge deal. And then the other thing is, Alex Alor. He recently passed away. I would like to end this meeting in his honor. He was somebody that was in our community. He talked about the United Farm Workers Movement and the dedication of the Filipino community and he did the tours and I actually had the opportunity to do the tour with them when Bakersfield College hosted it. And never in my wild dreams it, I think that he would pass away so soon. I was actually looking forward to bringing more people to see that tour when it came around next year. I actually brought quite a few people from Bakersfield to see that. So, if we can end this meeting and honor him, I would greatly appreciate it. And those are all my remarks. Thank you.” Mayor Pro Tem Solorio-Ruiz: “I also want to give my condolences to the Alor family, but I want to start off by thinking city staff, our Delano police officers. I believe our McFarland PD was also involved in Kern County Fire for their direct action for the Sunview fire that happened a couple weeks ago. I know that was huge and I know that they greatly appreciate all of our concerns and comments in regards to the work they did. And I know it looked horrible driving down the freeway and people videotaping it. And so I'm glad to see that there was direct action and thank you again city staff for that. I also want to, I know the young folks left, but I want to address their comments in regards the budget. So I wrote some notes down, I appreciate all of their concerns, the young people's concerns who attended tonight, and they've voiced their concerns on the budget. It is important for young people and I think community members to be civically engaged. The city budget is what I say, the people's budget. It is a reflection of our values and I do believe it reflects that it has been a monthly process. And again, like I mentioned in the budget meeting, I think staff for that as well, for meeting with council members and executing that when they were available during our special. And at the time of the special meeting we did, just to clarify, we did open it up to public comments, but there was no public comments as far as the budget concerns goes. But community members were given the opportunity to voice their opinions. But I also want to note to end off three things, is that the budget, it is supposed to be online. I believe there was a comment that it wasn't, perhaps we need to make it more accessible or look into that, but it is available online, it should be. It's also, I believe, available for, to pull from the public as far as requesting through the city clerk. It is a live document as well, meaning that there can be changes that are made through the city council, through city staff that they need to move stuff around, et cetera. And you can also meet with your elected officials. I think that's one thing that I heavily want to express is that you have the ability to reach out to any of us to sit down and say, Hey, I'm really passionate about our public safety or our parks and rec or pickleball or whatever it may be. And we can go from there and we could have discussion and debate and discourse that really matters and engage in meaningful conversations. But I wanted to finish off my comments tonight on that because I know we heard an influx of young people discussing the budget, which is great. I'm glad young people are interested in government and what happens in this room. But those are all my comments.

Mayor Alindajao: No comments.

Motion to go into closed session at 7:18PM by: Solorio-Ruiz 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None

CLOSED SESSION
6) PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Govt. Code Section 54957: City Attorney No Reportable Action.

Motion to go back into general session at 8:02PM by: Solorio-Ruiz 2 nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Morris / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None

ADJOURNMENT
Moved by Nunez seconded by Solorio-Ruiz and unanimously carried 5-0 to adjourn the meeting at 8:02p.m. _____________________________________________
Nancy Garcia, City Clerk

MINUTES

CITY OF DELANO
CITY COUNCIL – SPECIAL MEETING
October 2, 2023

CALL TO ORDER
Mayor Alindajao called the meeting to order at 5:31 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.

INVOCATION
Pastor Gabe Diaz offered the invocation.

FLAG SALUTE
Nunez led flag salute.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Mario Nunez, Jr.

Council members absent: Liz Morris, Veronica Vasquez

OFFICIALS PRESENT
City Engineer Dowling, City Clerk Garcia, Finance Director Lara Rios, Human Resources Director Zamudio, Commander Velasco, Interim Attorney Hensley

SPECIAL CLOSED SESSION
1) Public Employee Appointment, Interim City Attorney; Govt. Code Section 54957 Motion was to return to general session at 5:40PM made by: Nunez 2nd by: Solorio- Ruiz
Vote: 3-0
Ayes: Solorio-Ruiz / Nunez / Alindajao
Nays: None

Absent: Vasquez/Morris
Abstentions: None
Public comment opened.

1. Yolanda Vega – “I have a question. How are you doing a special meeting prior to a consent agenda item that hasn't even been approved? Where is, I mean on the special agenda it's talking about hiring an interim attorney and consent item number 10 hasn't been approved, which is also the same thing. And where is our city attorney? Why are you hiring another attorney? Where's the transparency here?” Public comment closed.

Reportable action presented by Alindajao: The council has terminated City Attorney Richman and hired an interim attorney by a vote of 3-0. Mark Hensley from Hensly Law Group will serve as an Interim.

ADJOURNMENT
Moved by Nunez seconded by Solorio-Ruiz and unanimously carried 3-0 to adjourn the meeting at 5: 44 p.m. _____________________________________________
Nancy Garcia, City Clerk
Agenda Item No. 8

MINUTES

CITY OF DELANO
CITY COUNCIL – SPECIAL MEETING
November 7, 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.

FLAG SALUTE
Nunez led flag salute.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Mario Nunez, Jr., Liz Morris, Veronica Vasquez
Council members absent: None

OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia

PUBLIC COMMENT
No public comment.

Motion to enter closed session at 5:33PM made by: Nunez 2nd by: Vasquez
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Nunez / Vasquez / Morris Nays: None

Absent: None.

Abstentions: None

SPECIAL CLOSED SESSION
1) Public Employee Interviews, City Attorney; Govt. Code Section 54957 Motion was to return to general session at 7:45PM made by: Nunez 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Nunez / Vasquez / Morris Nays: None

Absent: None.

Abstentions: None
No reportable action.

ADJOURNMENT
Moved by Nunez seconded by Morris and unanimously carried 5-0 to adjourn the meeting at 7: 45 p.m. _____________________________________________
Nancy Garcia, City Clerk
Agenda Item No. 9

MINUTES

CITY OF DELANO
CITY COUNCIL – SPECIAL MEETING
November 17, 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.

FLAG SALUTE
Morris led flag salute.

ROLL CALL
Council members present: Mayor Pro Tem Salvador Solorio-Ruiz, Mario Nunez, Jr., Liz Morris, Council members absent: Mayor Joe Alindajao, Veronica Vasquez

OFFICIALS PRESENT
City Manager Reyna

PUBLIC COMMENT
No public comment.

Motion to enter closed session at 5:32PM made by: Nunez 2nd by: Morris
Vote: 3-0
Ayes: Solorio-Ruiz / Nunez / Morris
Nays: None

Absent: Alindajao / Vasquez
Abstentions: None

SPECIAL CLOSED SESSION
1) Public Employee Interviews, City Attorney; Govt. Code Section 54957 Mayor Alindajao joined closed session item via phone call.

Council member Vasquez arrived in person and was present for the closing session item.

Motion to return to general session at 7:50PM made by: Nunez 2nd by: Vasquez
Vote: 5-0
Ayes: Alindajao / Solorio-Ruiz / Nunez / Vasquez / Morris Nays: None

Absent: None.

Abstentions: None
No reportable action.

ADJOURNMENT
Moved by Nunez seconded by Vasquez and unanimously carried 5-0 to adjourn the meeting at 7: 51 p.m. _____________________________________________
Nancy Garcia, City Clerk
Agenda Item No. 10

MINUTES

CITY OF DELANO
CITY COUNCIL – SPECIAL MEETING
December 4, 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
Council Member Nunez led flag salute.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Salvador Solorio-Ruiz, Liz Morris, Mario Nunez, Jr., Veronica Vasquez
Council members absent: NONE

OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, Interim City Attorney Hensley, Finance Director Lara Rios, City Engineer Dowling, Human Resources Director Zamudio, Interim Chief Nicholson, Fire Chief Duncan

SPECIAL AGENDA ITEM(S)
1) Mayor’s Statement
Alindajao:
“I don't have a whole lot to say other than it's been my honor and my privilege to serve the community of Delano, my colleagues and the city staff for the past 12 months. It goes by really, really fast, believe me. Um, I felt like we, we made a lot of progress this year. It was a lot of peace on the council. Um, I had the pleasure of working with staff on issues that, uh, you know, important issues like public safety, um, housing, uh, job develop, job and economic development, and other important issues that face the city. I hope that my pleasure, uh, working with council and, and, and staff was equally or mutually, uh, pleasurable for them as well in terms of working together as the mayor.

Um, and, uh, it's been, it's been just been an honor and a pleasure. You know, it's been, uh, I I believe wholly that when you get in positions like either the city council or mayor or vice mayor, that I hope that we leverage these positions to encourage and to uplift the spirit of our community in whatever manner we can. You know, so many people really look up to, especially our young kids, high school and elementary, look up to these positions like council member and mayor and vice mayor. And I hope we can leverage those positions to really inspire and help and encourage our community and our staff, uh, to do the best job we can for our community. And that's why I think that's part of the reason why I think Delano is such a special community.” 2) Presentation of Plaque(s):

Solorio-Ruiz
“Well, um, for starters, I'm, I'm honored to provide this to you. Um, I think, uh, thinking about what to say tonight, uh, in terms of your time as mayor, I think one thing that always sticks out whenever I call Mayor Alindajao, whenever I've spoken to him, is that, uh, it, it's about the bigger picture here. He's always talking about Delano and bringing it back to Delano. It's never about him. And I think in, in, in this, you know, field, uh, we have a lot of folks out there that it's all about me, right? And I think, uh, Joe, uh, I, I consider you a friend and I think that the work that you've done this past year has been good. Um, and, uh, it's always, we always need to thank folks when they are Agenda Item No. 11
wanting to serve, when they're wanting to give back to their community. And so, uh, on behalf of the city of Delano, on behalf of myself as an individual, I thank you. Um, and, uh, congratulations real quick. This states, uh, presented to Joe Alindajao in recognition of your service on the city council serving as mayor of the city of Delano from 2022 to 2023.”
Nunez
“It's been an honor. You as being mayor, I, I've know I’ve leaned on you quite a bit, as much as I have on staff, you know, being the new guy. And, um, I, I feel that we're moving in the right direction, and we need to keep moving in that direction”
Morris
“Congratulations Mayor Alindajao, how, um, it has been an honor to, to serve, uh, for you to serve as our mayor.

And, um, uh, I, you know, things have run really smooth this year, and so, uh, I, uh, really appreciate, you know, the hard work that you've done to accomplish a lot for this community. Thank you so much.” Vasquez
“Yes, thank you so much for your time this year. We really appreciate it.” 3) Election of Mayor
Alindajao
“I'm going to now invite public comment on this item. I'm going to limit public comment to 40 minutes, three minutes per speaker.”

1. Alexis Ortiz, 10th Avenue – “I feel like the mayorship is a position that should be held by, by those who deserve it and not those who want it. The position a mayor has traditionally been transferred to the Vice Mayor. And as we know that, as we know that tradition had changed in 2020. Now the tradition of mayorship is going, has the tradition, has the opportunity to come back to the vice mayor. And we can start up that, that tradition again. The current vice mayor has done so much for the city from back to school distributions, dog adoption events, food distributions, and annual, and the annual toy drives for Christmas.

He has not just done good for the people of the city, but also with the council. Putting ego aside in order to make a difference in Delano. I believe Salvador is deserving of a turn at the mayorship because of his commitment to the community and dedication to local issues. I believe he'll make Delano a city that works for everyone. Thank you, council member and thank you community.”

2. Saul Ayon, Mayor City of McFarland – “Good evening, honor. Mayor, esteemed council members, distinguished guest. My name is Saul Ayon. I'm the mayor of the city of McFarland. It is with great pleasure and deep sense of responsibility that I stand before you today to advocate for the extension of Mayor Alindajao. How, uh, stand here for two more years. This endorsement is rooted in our shared achievements. Over the past years, our cities have undergone remarkable progress, uh, positive transformation. I firm, I firmly believe that extending the term for two additional years is the best interest of both communities. I've had the privilege of working closely with Mayor Alindajao on various projects during his current term. It has been incredibly rewarding experience. Together we tackle challenges head on, implemented in in initiative, uh, solutions like a joint public, uh, safety task force, and emergency response initiatives, and witness tangible benefits in our collaborative efforts. These outcomes have made significant difference in our lives of our residents. One of the hallmarks of Mayor Alindajao tenure is a commitment to fostering unity within our communities. This has been achieved through a series of town hall meetings. Numerous conversations between Mayor Alindajao, myself. Our joint efforts have been instrumental in ensuring that the voices of our residents are not only heard, but actively considering our decision making process. This exclusivity has not only strengthened our sense of community, but also resulted in one well-rounded and effective policies. Furthermore, under Mayor Alindajao guidance, our partnership has only, not only, uh, experienced significant progress, but it has strengthened our partnership with our police department, emergency services and community, the close proximity of our cities that has been leveraged not only by the enhanced public safety, but also to effectively respond to emergencies, ensuring the wellbeing and security of our communities. An example of the collaborate ca calibration was evident during our emergency flooding in McFarland this past March. Mayor Alindajao and the council's assistance was instrumental in gathering the necessary resources and planning effectively mitigation to impact our residents, his swift coordinated response and true leadership and concern for our community's welfare, going beyond the call of duty to support a city in a time of great need. In addition, his vision and proactive approach to bring and install the LPR cameras for both cities to combat crime has been affected too, to prevent ongoing violence between both neighboring cities our calibration. Not only initiatives have only been yielding positive results, but also to set the state's continue improvement for years to come. In conclusion, I endorsed an extension of the mayor's term for additional two years. This success we have achieved together are only a testament of his leadership, dedication, ability to bring a positive change under stable leadership. We hope to continue to foster the beneficial relationship and explore other avenues where we can partner to better serve our communities. Allowing Mayor Alindajao, the opportunity to finish good work that has started is imperative for continued progress, safety and prosperity for our belief cities. Together we can build an even be, uh, brighter future for both cities. Thank you.”

3. Danny Sanchez (Via Zoom) – “I would like to first congratulate the, uh, the council for finally pulling the trigger and terminating that leech of a chief that was milking the city of Delano for almost two years.

Hopefully no other, no other city in Kern County or in California, makes it the same mistake in hiring him again for Chief. Uh, it was obvious that the job was too big for him to handle. Now, as far as the, uh, the mayor, um, I understand that Mayor Joe Alindajao is the current mayor and has only been the mayor for one year. Um, what I do not understand is how the position for mayor in Delano can only last for one year.

How do you guys plan to evaluate his performance or anyone else's performance? if they only serve one year, um, even, even that corrupt ex-chief got more time than Joe Alindajao. Um, every other city in Kern County has a mayor term set for either two or four years. I think that Mr. Alindajao should continue as mayor, so that we could all evaluate his performance at least after two years. Um, you have other members of, of this council who have clearly shown they have no interest in being mayor. This past Saturday, two of your council members paraded in Lamont for the position of county supervisor. Everyone wants David Couch's job. There is nothing wrong with that. They are, they, they are interested in greener pastures on a payday, and that's okay. Um, I don't think that either, either, either of these two persons should consider themselves for mayor at this point. Um, I don't think that any council member should be allowed to vote for themselves. I think that the council needs to reevaluate how they select the mayor in the future. I suggest you seek a two or four year and leave it to this, to the Delano voters, uh, to decide who should have the title as mayor in the future. Um, for now, I suggest that you guys keep, uh, Mr. Alindajao how in the position, and let us see how he continues to perform. At this point, I'm content with his service. You have all gave him credit. I mean, you heard, uh, um, the mayor, from what I've seen as far as Saul Ayon , he's a man of credibility. Um, he, um, he is a rising star in the Kern County as a politic, as a politician. Um, pray that he doesn't decide to run for county supervisor one day, um, because he will then leave, uh, McFarland unguarded, um, from the leaches and the weasels that are waiting for him to leave. Um, again, um, consider seeking an appropriate candidate for, for, uh, for county count, uh, supervisor in the future. It seems like everyone wants to throw their name in the hat these days. Um, you will split the vote again, like, like it happened last time. Learn from that lesson. Greed is one of the main ingredients in politics these days. Do it to improve our community and empower our culture. Do it with integrity and pride. Thank you.”

4. Maria Martinez, 1215 Lexington Street – “I just wanna say all you here, some of you are I like friends, some are not. I am a woman of age. You can see here, there's no field workers here on the ground. Because they're afraid of the mayor because the assistant of the district attorney. And there's some that can't say anything. 'cause they're afraid as, for example, like at the, I've heard of things, but I can't say anything like an example that the, uh, veterans parade. He's saying that she would like for the opportunity for a woman to be step up and become mayor. Like Veronica Vasquez, she's been here, she's worked in the fields for 15 years, and they helped her. She learned, they gave her education, they helped her. She would like the same for another woman to step up. Speaker When I worked in the fields, I didn't know anything. So somebody that I couldn't find job because I didn't know how to pick grapes. But there was a person who believed in me, and that's what I, I, I last 15 years picking grapes. So I, I wish you could think about it to give a opportunity of Veronica Vasquez to be the next mayor. Thank you.”

5. Cristian Cerda Cortez (Via Zoom)- “Good afternoon council and honorable Mayor. I'm attending tonight's meeting, uh, because I would like to express my support for Vice Mayor's Salvador Solorio-Ruiz for mayor. He has shown his dedication to our community welfare, and has an extensive track record of public service. He has actively engaged with residents and has addressed our local concerns. His vision for Delano will lead our community to a more prosperous future. About two years ago, Salvador took a chance on me, a 16-year-old student at Delano High School. Now, I'm an undergraduate student at the number one public university in the country here at UCLA. And I'm confident in saying that I would not be in the position that I am today, A student at UCLA and somebody who wants to practice law in the future without the help of Salvador. He has helped me tremendously, and I'm very grateful for the chance that he took on me. And so to the city council, like Sal Salvador took a chance on me. I would like for you to take a chance on him and vote for him to be our next mayor. Thank you.”

6. Yolanda Vega, 1803 Terrace Place – “I have a few things I'd like to say. Back in 2020, there was an incident where you were mayor, you were overlooked at that time. And I recall that you made a, a statement indicating that it was your time, and that you wanted that position. Not only did, was it a big deal, Delano Life, Delano. Now everyone made a big story about it. Here you sit asking for a second term along with these people here. I think everybody has done exemplary work throughout the years that they've sat on this diocese. I think everybody volunteers, everybody contributes to the community. I think that it is only, in all fairness, the same way you wanted this position and you felt you were overlooked. I think it's very important that you guys take a look at Veronica Vasquez, because she was in that vice mayor position as well. And at that time, there were several people who decided that it wasn't in the best interest to vote her in as mayor. I think she's done exemplary work in the community. She volunteers. She not only contributes to the community she's made, she's been a voice for our senior community. And council members have reached out to her for assistance on many, many projects. I think it's, it's important that everybody continue the rotation. And at a later time, maybe you guys should consider a two-year term, or as the grand jury suggested that the community vote for the mayor, I think it's imperative that you guys take that into consideration and work on that as the grand jury has suggested. Thank you.”

7. Assembly Woman Dr. Bains – “I, um, am so, so excited to be back home. I've been out on a little vacay for a little bit. I'll be back in the clinic here in Delano next week. Um, excited to be home. Um, first of all, I wanted to thank every single one of you guys for the work that you guys do. Um, the work is not easy. I can attest to that. Um, it is a very difficult position that you guys are in, but thank you for making your guys, your yourselves available to the public. Um, holding up high esteem of morals and ethics for our public as well. But most, for first and foremost, thank you Mayor Alindajao, for all of your work as mayor, you have done such an extreme job. Um, not only connecting with my office and the work that we've done in Delano, um, but every single one of you guys have done such a great job. We have been able to deliver for Delano in so many different ways. I look forward to continuing to fight for this community, my home that I grew up in. I, I, you know, would like to continue working with you, Mayor Alindajao in another year as well. I would love to see the more and more work to be developed, not for ourselves personally, but for the community that we all call home, which is Delano. So thank you very much.”

8. Lupe Martinez, 1215 Lexington – “Couple of things. I first wanna agree with Ms. Vega, who everything that she said has pretty much been the case. And, uh, the case for a long, long time with a council member.

Uh, and the way it's always been, it's the rotational. But I've always said this, it all depends on who has the power in order for you guys to decide who is who. And that has got to stop. It's not about who has the power up there, it's about what is fair. You know, what's the opportunity for folks to be able to learn, to become. And nothing wrong with looking for other greener pastures and other horizons. It's okay. Um, I don't think that's a, that's a, uh, a problem. It's more of a development. And we certainly want our folks in Delano to grow and to be as strong as possible for the community. At some point, I do hope, and I will work as hard as I can also, that the mayorship doesn't continue within the powers of the council members.

That the community should be the number one voice. Who is the mayor. That's what we've gotta work on.

And not only on that, we've gotta work on the district. Each district should have their representative. And I think those are the things that we need to work on. There has been some mandate already, and I think we need to figure out that on the districts. But I think the mayorship is another one that we need to, to look at.

If anybody has a voice, should be the community. No outsiders, no one else. And because they're friends, and because everything else should be the community. So at this point, I do think that it's only proper, and not only proper and not because of friendships. And there's a lot of hate out there. You know, who does, who doesn't. But I think it should be Veronica Vasquez. I think she's earned it. She has shown her leadership. She has maintained whether there's a division in the, in, in the, uh, council members or not. I mean, she's maintained herself to be pretty much with her values set. And so, in my opinion and my suggestion, and if I had a vote, I would certainly vote for Veronica Vasquez for the mayor. I think Mr.

Alindajao you've had your chance, and everyone has had, with the exception of Mr. Nunez, um, who hopefully, you know, will get to that point, um, to be the mayor. Also. Thank you for my words. I have a tendency to get away. Thanks.”

9. City Clerk Garcia read a letter for the record – “The letter states, dear Mayor, council members and city staff, I've had the pleasure of getting to know and working with Mayor Joe Alindajao for the last few years. I have found him to be professional, diligent, and an excellent representative of the city of Delano. I believe that the county of Kern and the city of Delano have an excellent working relationship at the council level and at the staff level, that is in no small part, due to the excellent leadership provided by Mayor Alindajao. I know you are considering the appointment of a Mayor tonight and understand that this is a council decision. I just want you to know that Mayor Alindajao has, in my view, done an excellent job.

Sincerely, David Couch, Kern County District 4 Supervisor.”

10. Pastor Anthony Cortez, 282 Shell Beach Court – “I just wanted to, uh, come on up and just voice my opinion and, uh, to, uh, say that I'm really glad that, uh, mayor Alindajao has done what he's done, uh, for this city council this last year. Um, I'm really, really pleased that, uh, you weren't up there sitting in that chair endorsing certain bills from our state capital as what was done in the past. And some of those meetings, some of those bills were controversial, and our meetings went, and sometimes anywhere from three to five hours long because of these bills. And I, I wanna thank you for that because you have, uh, just, uh, just took care of city business. All of you have have done that. And, and it's because of your leadership that that has happened. And so I endorse you. I would, you know, if I can vote for you, I would vote for you.

I think you're doing a great job just listening to the mayor for McFarland. Um, listening to what has happened between both our cities is, um, amazing to hear because, uh, those are things that I don't see or none of us see a whole lot of. So I'm just, uh, very grateful for that. Um, as far as dedication, I heard the word dedication, uh, mentioned. Um, you know, I am, I, I said this on the last meeting, that, um, I would love to have individuals running for city council that live in our community and are gonna stay in our community. There's nothing wrong with advancing your political careers, but if I, like I said last time, if I voted for certain people here, and then they, uh, use this city as a stepping stool to, um, go and advance their political careers, that does not sound like dedication for the city of Delano. And so I see individuals up here, few individuals that are dedicated to the city, always been to the city, live in the city, grew up in the city, and are concerned for this city. And, um, I just want to, uh, just voice my, my opinion in that, or those future, uh, city council, uh, individuals that wanna seek a city council. Who knows? I may go one day, I may go and become a city council member. I don't know. But, um, you know, uh, I'm dedicated to this community. This is my hometown. I was born and raised here. And, um, we are growing fast, but we're still a family. We're still a, a community that cares for one another. And that's what we need on our city council, uh, on our city council, people that care. And, uh, I just wanna say one more thing before they cut me off. Is that one day I asked you for 30 more seconds and you told me no, that's, and I'm like, okay, cool. So I like that. I really like that, that you did that.”

11. Pastor David Vivas – “I just wanna say that, uh, first of all, thank you, uh, teaching every one of you for your service and dedication, uh, to this community. Um, in all fairness to Mayor Alindajao, um, mayor Alindajao, field workers are not afraid of you. I just wanna say that right now. That's not the way they feel.

That's the opinion. But that is not the way our field workers feel at all. And, uh, just ask your fellow council members if they agree that field workers are afraid of him because he's a DA. Uh, I don't believe that any of our city council members, I don't believe our city staff would agree with that. And then also, you're not, I didn't hear you one time asking to for another year. It's actually your constituents, elected officials that are saying, you're doing a great job and you are doing a, an excellent job, and you have set a precedence to get city business done. I've seen you attacked, verbally attacked, criticized, harshly criticized condescended character assassinated, um, set.”
(Disruptions in the Audience)
Mayor Alindajao - “Order please. Hold on. Pastor Vivas, please do not interrupt the meeting, Ms.

Vega. Please do not, please do not interrupt the meeting. This is your warning. I'll have you removed if you keep interrupting the meeting. I'm sorry, pastor, go ahead.” “I complimented everyone, which, which, you know, everyone, because every single one of you have contributed to our city. So that's a compliment. Paint a compliment, everyone. But I will stand up for any of our council members that is, um, criticized and things are said against them that is not true. And that, that goes, you know why? 'cause every single one of you represents me. Okay? So I, I will always stand up for you, even if I disagree with you. I will always stand up for you. If something, uh, is said about you that is untrue, we can disagree. But at the end of the day, we still live in the same community working for the same cause for, for, and we have a great community. It's growing, it's doing very well. But, uh, mayor Alindajao did not ask for a second, um, for another year. It's, it's a constituents, it's people that are asking for that.

It's, it's elected officials. And so I like the fact that, um, he maintains, he maintains, um, proper decorum.

And, uh, even when I've seen the city council be in strong disagreement with one, with one another, it's never personal. I've seen him work with different council members here that he's had disagreements with, and at the end of the day, he doesn't hold a grudge. He works very well. So I believe that he should be given another term. But again, thank you all council members for serving us your constituents in this community.

Thank you.”

12. Gina Martinez, 1409 10th Avenue – “I've been really quiet back here. But I will tell you right now that, uh, whatever the previous person said, um, well, we gotta respect him. We gotta listen to him. But he probably wasn't there at my reunion when, uh, mayor said that it was bad for elections in December. And I'm sorry, I gotta call it out the way it is. I was told by you that the mayorship was not anything important.

That it was just a title that you can't do anything with it. I will tell you right now, that's not what you told me in December. That's all I have to say. And I think that we should honor the rotation. You wanted it for a long time. You asked for it, so let's do it. There's a lot of stuff that Veronica Vasquez does not do, that it's be, that is behind the scenes that nobody knows of. Like, she gives up all her check whatever she gets here, being on council, she donates all kinds of stuff that no, she doesn't go to galas, she doesn't get dressed up.

She doesn't do a lot of stuff that is in pictures. Very simple, very laid back. Yeah, like we say, there's a lot of smear campaigns and stuff like that. And apparently a lot of people knew what they were doing because they knew that this was gonna be coming up pretty soon in the future. I just thought I'd have to share that, because that's a conversation we had. Thank you.”

13. Francisco Martinez, 7136 Wildfire, Bakersfield (Via Zoom) – “I am a coworker of Veronica Vasquez.

We are both CPS Social service worker. And let me just tell you, CPS social service worker I work with, they're heroes. I just can't imagine some of the cases, some of the things we have to deal with. And, uh, yeah. And, uh, Veronica is the top social worker, social social worker that I know of. They, she's given cases that, uh, basically attorneys, county attorneys, uh, probably, uh, assistant director, uh, directors, she'll give a, uh, basically, uh, the synopsis what needs to be done. Obviously they have to take it up to heads and goes for a couple days and it comes back and it goes with what she recommended. That's how, uh, that's how great of a worker she was. She puts this same type of effort on dealing with issues in the c in the community. Hmm. I just wanna bring up something 'cause I like looking at numbers and stats and there's, uh, the one number I wanna throw out there, 4,432. If none of you recognize that, that is the number of votes Veronica, uh, received when she got voted in City council. I've looked at all the statistics in the city, uh, Delano going back 23 years. That is the most votes any city council person has ever received.

And if that's not a mandate, I mean, I don't know what is 4,432? I've looked at every city council, the top getter since back to 2000. That's the most ever. Um, and also she's a, since she's a CPS social service worker, she is most, uh, aware of the issues, uh, of confronting the most marginalized in our community, especially in Delano. Uh, so she's on top of the issues about affordable housing, about issues on, on the water, mental health. So, um, her experience as a social service worker having, uh, addressed the issues are most marginalized, um, basically, uh, will help those, the most marginalized Delano have a voice. Um, I really apologize. I couldn't make it there. Time. Um, a social worker, I don't know how she makes it to the city council meeting. It's just, it blows me away how she can get her work done to get there. I try my best.

So anyways, just remember that 4,432 most votes ever since, since 2000. I've looking at the election records that of any city Council member. Thank you for your time.”

14. Larry Smith, 914 Alhambra Ave., - “I'm not here to endorse anyone. Mayor, council member, vice Mayor. Um, I'm not here to endorse anyone. I just wanna say that, uh, I've served in the community for a lot of years. Chamber of Commerce, multiple different organizations. But you guys, when it comes up that, uh, we're, we're changing mayors every year, I think, obviously, like it's been said before, every two to four years. 'cause it's hard to judge progress off of one year. Um, but your character speaks for itself. When I take my daughter to a 5K on Thanksgiving morning and the mayor's there, and he wasn't there with cameras and press, he's there with his family supporting his community. Um, that says a lot about his character. So I just wanted to share that with you guys. Thank you.”

15. Gloria Herrera, “I do think that in the future, uh, we should elect the mayor by the people, because right now it's too much division going around. Um, that's, council should work in accordance for the good of the community and not for themselves, or getting a good credit through friendship. Because right now, council members are like playing hot potatoes. Uh, remember it should be by for the community. Uh, and I do believe that Delano is growing already too much. And I think in the future we should talk about, uh, making it into Prince and elect the mayor by the people I being thinking about that. It's been a back years, probably five years, four years ago that we were talking about actually electing the mayor by the people.

Not like they doing it right now because they have the mayor, pro mayor, but it doesn't work that way.

Everybody should have a chance. They go and the order is going. So accept it. Accept it that way. It's going not okay just because my friend, I'm gonna vote for this one. Or, or because we get along. Okay. Uh, I think it should, everybody should take their turn. I, if I see a mayor doing a good work for the community, good.

But in the past, the council had made the rules. There's mayor for mayor, and I understand it's supposed to work that way, but it's been a few years that they decided to change it or not. You. It's gonna be who I want.

And if the council has the vote, that one, the, whoever suggested, the other three are in accordance. That one's gonna be not the one that's supposed to be the mayor. Thank you.” Public comment closed.

Morris – “We hold a lot of, of weight on, on the mayor, okay? It's only a title. The mayorship, you know, for this community is strictly ceremonial. That means that he runs this meeting and he is the ribbon cutter. You know, he goes to the openings and, and, and whenever proclamations need to be read, then he's there to do that. Each one of us has the same power as the mayor. You may not have a title as the mayor, but all of us can get as involved or uninvolved as we want to. If we have projects that we want to press forward, then each of us have that opportunity to do that or to come forward with that. You know, we hire a city manager, you know, to run the city, you know, so the mayor does not run the city, okay? So, uh, I don't know what everybody thinks that, uh, that he pulls, you know, that much more weight than anybody else in this council here. And, um, so I don't know if you have a misconception of that or what you think, you know, that mayorship, but, but each one of us, you know, we can serve as the mayor, the the mayor, pro Tem or councilman. But, you know, Veronica's vote is one Mario's one vote, Joe's one vote, Sal's one vote. I'm one vote. Okay? And that's how it goes. And like I said, any of us can get as involved as we want to.

And if we have projects we want to push forward, then we have that opportunity, you know, to do that. And so I just wanted to clarify that, you know, before we get this meeting.” Solorio-Ruiz – “First off, I want to thank everyone for providing their public comment. Um, I think it's always important to get public in input, input on, uh, especially on situations like this on decisions. But I, I wanna start, um, by sharing, uh, what an interesting development. These changes, these changing of the guard meetings have become for me, from what I saw years ago and heard from residents, these meetings were swift and received with little to no input from residents. A few years ago, we noticed a shift to where the public is more engaged with this process and as they should be rightfully so. But as I shared, it has been an interesting development. While others say it's inconsistent, while before there was little opportunity to explain your decisions for who will be the next mayor or vice mayor, we now have that opportunity. So tonight, it is about decisions. And I wanna share my decision making process with all of you. When I make decisions on this dais, ultimately I ask myself, is this fair? And is this merited tonight in front of us? I hope we can do just that. We should be making our decision based on fairness and merit on who the next appointed mayor will be, rather than on this arbitrary process that has been consistently noted. To backtrack a little while running for city council, the goal is not to become the next mayor or vice mayor, but to serve our community with the utmost integrity in Delano serving as mayor is one possible experience in one's full term.

And it has been tradition that those who have been a vice mayor will become the next mayor. With tonight closing, uh, closing on my time as Vice Mayor, I would just like to share several of my accomplishments in partnership with city staff for this year. We held our first day of remembrance for the life of Cesar Chavez. We held two dog adoption events. We coordinated a back to school event where we distributed over 400 backpacks and provided free haircuts to Delano students. I sparked the idea of coordinating the gun gun buyback program where a Delano PD collected over 20 weapons. We hosted a career in resource fair, and we are finishing off this year strong, hopefully, with a, uh, a toy drive for, for our Delano youth. You see, as, as Councilwoman Morris mentioned, a council member can decide how much they want to be involved in the community. No position title limits you, but in my opinion tonight we should be voting for new leadership. Tonight we have, uh, an opportunity to choose a council member who has served as Vice Mayor. Council member Vasquez and I are entering our fourth year on the council, and we have put in work. I truly believe Council member Vasquez cares deeply about Delano. So that is why tonight I will be supporting her. One would ask, why are you also advocating for someone else other than yourself? It goes back to my opening remarks, regardless of my differences with Council member Vasquez, I understand that this is much bigger than myself. It's about fairness. Tonight we have an opportunity to lead with trust, fairness, and integrity for the office that we hold. We should not lead with fears, worries, or what ifs, but trust the process and the very same people that were elected by the people. Let me remind you to close. I would like to remind us of the words of our very own mayor, Alindajao, uh, in 2021. And I quote, the mayorship is not a game of keep away, where the majority keeps the mayorship away from those that do not like or agree with other members of the city council. The mayorship is a much higher office than that, and the council should be more dignified than that. Thank you. And with that, I have a motion to make.”
Vasquez – “I have a lot to say. Um, I really appreciate the discussion. Um, and my thank yous are going to the voters because I know that I have the most votes regardless of what decision is made today. The community has already spoken, so nobody can take that away from me until the next election. And somebody beats my numbers. But I have the most numbers right now. And regardless of I get the mayor or not, I've already been at the odds. I'm a Latina. That's 9% of being on city council. And nobody can take that away from me. That's something that I earned.

And I will continue to work hard for my community in my everyday Monday through Friday job and in the city council. And I do attend events, and I am behind the scenes a lot. I was at that five KI was volunteering, got there at 6:30. But you don't see me because a lot of times I'm behind the scenes, I'm quiet. And I like to keep it that way sometimes, because I don't wanna be known as a politician. That's all about pictures. I know my numbers, I know my stats, and I know my work. And nobody, regardless of today's decision, will take that away from me. 'cause at to day, as a Latina woman, a woman of color, I have the most numbers to be sitting up here. And I am proud of it because it's my family and my friends and the community that made that happen. So if I don't get mayor today, you're not cheating me. You're cheating the community. You're cheating women of color and you're cheating a Latina. That's what will happen if I don't get chosen, but me. I got the numbers. And nobody can take that away from me. And you don't hear me up here begging. 'cause I'm not going to. Why? Because I've already earned it. Even if you don't give it to me. Thank you.”
Nunez – “All I have to say is I do agree with Mrs. Vega and Mr. Martinez and Mrs. Herrera. This mayorship should be going to the voters. And I challenge this council 'cause we will all be on here for a year, and we have a year to make our mind up and get this on the ballot. Um, or maybe not this time around, but next time around that house, this needs to be handled. A bunch of popular decisions are gonna be made tonight or unpopular decisions. But take in mind that my thought tonight is Delano first. And I'm worried about Delano first, not about anything else, but a decision to keep Delano moving in the right direction. That will be based on my decision tonight.” Alindajao – “I don't have a whole lot to add to that other than I agree with some of the public comments that this is a decision that should be in the hands of the community. In fact, in late summer of this year, I had approached a few council members about putting it on the ballot. And they did, at that time, did not have the appetite to put it on the ballot. But I've been talking about putting the mayorship, first of all. Number one, I think one year is sufficiently to small. But number in terms of, uh, serving, I, I don't believe any other city in the county. Um, some of you guys can fact check me in that, but I don't believe any other city in the county has a one year term other than Delano. I think most cities are two and four year terms. So first of all, I think one year is wholly insufficient. Number two, um, I think this is a decision that should be out of the hands of people that are not interested in the job. That makes sense, right? We shouldn't be making, it's kind of like having the fox guard, the henhouse. Um, it just doesn't work. So I, regardless of how it all turns out, I will be moving this council to put the mayorship on the ballot at some point, uh, in January or February of this year.”
Motion was made by: Solorio-Ruiz to nominate Vasquez
2nd by: Vasquez
Vote: 3-2 (Motion Fails)
Ayes: Solorio-Ruiz/Vasquez
Nays: Alindajao / Morris / Nunez

Absent: None
Abstentions: None
Motion was made by: Morris to nominate Solorio-Ruiz
2nd by: Solorio-Ruiz
Vote: 3-2 (Motion Fails)
Ayes: Morris / Solorio-Ruiz
Nays: Alindajao / Nunez / Vasquez

Absent: None
Abstentions: None
Motion was made by: Nunez to nominate Alindajao
2nd by: Alindajao
Vote: 3-2 (Motion Passes)
Ayes: Alindajao / Nunez / Morris
Nays: Solorio-Ruiz / Vasquez

Absent: None
Abstentions: None
4) Election of Mayor Pro Tem
Public Comment.

No Comments
Closed Public Comment.

Motion was made by: Nunez to nominate Morris
2nd by: Alindajao
Vote: 4-1 (Motion Passes)
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz
Nays: Vasquez

Absent: None
Abstentions: None
5) Council Member’s Statements
Solorio-Ruiz – “I want to, first off, I wanna say, uh, you know, it is what it is, right? Uh, I think the work of the people still continues. Um, and, uh, I think that, you know, one point to just make that, you know, I think before in 2020 or 2021, I believe Mayor Alindajao stated that it was politically expedient for then Brian Osorio to become the next mayor. But potentially our own very mayor might run for Senate. So it might be politically expedient for our very own mayor to, to, for him to become mayor. So I just wanted, I just wanted to say that. Um, but I think that after tonight, you know, we'll get back on track and we'll, we'll focus on the city. Thank you.” Vasquez – “I forgot to mention earlier everybody said that the meetings ran smooth and they were giving credit to Joe Alindajao, how that's not why the meetings ran smooth. The reading, the meetings ran smooth because I didn't throw a tantrum. I didn't throw a tantrum last time. I didn't get mayor, and I'm not gonna throw a tantrum this time.

That's why the meetings ran smooth, because I took it even though I got cheated. And that's okay because you guys all saw that. You guys all know the numbers. But meetings will still go smooth because I won't be throwing a tantrum. Thank you.”
Nunez – “Let's just get back to work and move forward.” Morris – “I totally agree. Uh, first of all, let me congratulate Mayor Alindajao, how, and, um, and thank you, um, council members for your support on the Vice mayorship. Um, I want to thank all of my colleagues. I think you guys all done a tremendous job in helping this city to grow. And I think all of you have seen that evidence and how fast our city, our community is growing and, um, you know, we are, um, continually working to make this a better city and community for all of us. Um, and like I said, we continue to, we continue to work together. All of us have projects that we want to, to, um, to see come through and, and we want to, um, you know, support, you know, those people that, uh, and businesses that, you know, come into our community, um, because, you know, their successes are our successes as a city. So, um, thank you all.”
Alindajao – “I just wanna thank everyone who supported the extension of my mayorship and those that didn't. I hope to earn your confidence and your trust over the next coming year. And believe me, it'll go fast. So you won't have to tolerate me for very long, but it'll be one more year, uh, 12 simple months. But I hope to continue to run fair and good. And, you know, efficient meetings, not just for the benefit of the public, but for the benefit of our city staff.

I hope to continue to do work on some of the projects that I've started. Um, beautification projects for the city. Um, I can't, trying to think off the top of my head. Some of the projects that I've been working on with city staff and some of my colleagues updating the new vending laws, um, cracking down on illegal vendors, um, on, uh, these illegal motor scooters. I know we're now, we've received the, uh, traffic safety grant, adding more flock cameras. I know our crime statistics are, are down at least in one particular category, stolen vehicles by up to 50%. So there's a lot of work that we're doing. We're helping build a fence for the fire. I see the fire department here represented. We're building the new fence for the fire department. It's long overdue. It's probably the only, uh, current county fire station that is not fenced, probably in the entire county. Um, so little projects like little projects and big projects like that, that I care about that I'm, I'm putting my hand to, and hopefully I can help, um, speed the process in some situations. But, so thank you to my colleagues. Thank you to, uh, those who spoke on my behalf, those that spoke against me. I hope to earn your, your respect in the future. Now, there were a couple of comments that I, I took a little bit exception to, um, only because, uh, I wanna explain to the public what happens behind the scenes. Um, I know that there was some, someone brought up a public comment about the fact that, you know, we try to run efficient meetings here. And I try to be fair and even handed when it comes to, um, the agenda and things that city business that gets, um, you know, processed through either the agenda or city council meeting. Uh, last year, I think it was last year, Vivian's not in the audience today, but Shannon Grove, who I consider a friend, uh, came to me, uh, one, one summer, or, yeah, it was, uh, I think it was a, a, a mad run or mad walking Bakersfield. She said, Hey, there's a bill making, uh, human trafficking a strike, a serious or violent felony. Would you support it? Well, you're speaking to a prosecutor who's dedicated their life to public safety and to make human trafficking a serious or violent felony is, is important, is important to me. And she said, would you put it on the agenda so that we can, we, we can have, you know, the, the support of the, of the city council? I said, no, I cannot do that, because that's not part of what, what the business of the city is. Also, um, there was some comment, a public comment about the fact that farm workers are afraid of me. Um, that's not true either. Um, Ms. Yesenia, who is in the business of informing and educating domestic violence victims, uh, migrant workers, female migrant workers, who are, uh, domestic violence victims, um, has invited me to numerous, uh, events that I'm going to. In fact, I'm going to speak to some of the migrant workers regarding domestic violence and what the, uh, DA's office can do to help, uh, victims of domestic violence. So to say that they're somehow afraid because I'm a district attorney, I'm there to help victims and I dedicated my whole life to doing that. And with that, um, thank you very much and I think we'll take about a 10 minute recess as we transition to the regular agenda of tonight's, uh, regular council meeting. Thank you.”

ADJOURNMENT
Moved by Solorio Ruiz seconded by Nunez and unanimously carried 5-0 to adjourn the meeting at 6:38p.m. _____________________________________________
Nancy. Garcia, City Clerk

MINUTES

CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
December 4, 2023

CALL TO ORDER
Mayor Alindajao called the meeting to order at 6:52 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.

INVOCATION
Offered during Special meeting by Pastor David Vivas.

FLAG SALUTE
Led by Nunez during Special Meeting.

ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Liz Morris, Salvador Solorio-Ruiz, Mario Nunez, Jr., Veronica Vasquez
Council members absent: NONE

OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, Interim City Attorney Hensley, Finance Director Lara Rios, City Engineer Dowling, Human Resources Director Zamudio, Interim Chief Nicholson, Fire Chief Duncan

PRESENTATIONS AND AWARDS
None.

ITEMS FROM THE PUBLIC

1. Brian Franks, 2022 County Line Road – “Um, two, two reasons why I'm here tonight. Uh, one, I'm here representing the Delano Little League. I'm the vice President for the Delano Little League. And, um, one of the things I want to ask you guys is you guys have a field adjacent from us, which is a city field, and we would like to use that during little league season. So that would be roughly April through July. Um, uh, we're gonna have girls softball this year, so we're needing an extra field to do that. I know in the past that you guys rent that field out and other people use it, but we would like to have access to it also. Um, another thing, um, I wanna talk about is live scan. Um, so now Delano Little League has to live scan besides just background checks for our volunteers. And, um, I went to the police station and they told me that they are contracted with the city. So I'm asking you guys if you could help us out with live scan or our volunteers and for our coaches, that's something else that, um, we really need. Our youth is very important. Um, we need to step up and, um, and help them out. And, uh, it's already hard to get volunteers to come out and help us, but now we have to jump through more hoops for volunteers to come out and do things. So we need a little help to, to make that happen. So, um, if you guys could please help us, we would really appreciate it.”

2. Yolanda Vega – “I'm gonna piggyback on Mr. Frank's, um, request for that softball field. Few years back, there was, um, monies given for that repair because we came in advocated for that. And my understanding is that there's been an absorbent amount of money that was being requested of Little League to utilize that field, and that field initially was created for girls softball back when Art Armendariz was on the city council. So I'm not sure what's changed and why the city is now making Little League jump through hoops to utilize a field that money was given to reconstruct and bring that field up to code. Little League should Agenda Item No. 12
have the opportunity to utilize that field during little league season. And during, um, I think Aguirre tenor when he was here, that money was also given to, um, for that field, along with when we were able to get the lights for that field as well, the other field as well, and there should be lights. There was over $240,000, $240,000 that was granted for that field. And it's repairs back when, I wanna say in 2018, maybe prior to 2018 and 2019. So for Little League having to come and ask because they were told that they couldn't get a contract, and if they did, they'd have to rent it or pay an absorbent amount of money. And Little League is a nonprofit organization. They don't have the funds. The county, I believe they pay like a hundred dollars a year, if not even that, and it includes the bathroom. So I think the city should really take that into consideration and allow Little League the opportunity to utilize that field for softball, because that's the reason that Field was created. Thank you.”

3. Yunis Romero, 405 1st Avenue – “Um, I'm here. Just, um, ask again for, um, the support for Delano Little League. Um, they have taken on a little bit more of an expense this year with, um, division changes and things happening at the bigger part of administration of Little League. There's more expenditures that are coming out of, you know, of the pockets, which, you know, which goes down to the kids. You know, we don't wanna raise fees for the kids too much because our community, right? We, we live, you know, not everybody's able to afford those high prices like Bakersfield and other communities pay. So we're, I'm asking for if, especially the life scan, because it's, I don't know how much that costs, but these guys, you know, everybody volunteers, they take time from work. They, you know, they, they come in support. Um, I know without the support of certain people on the board, my daughter wouldn't have been able to play when my kid played. And she's 30 years old and she enjoyed playing that field, was the softball field in question that was created when that, when she was started playing. So, um, also the use of the field, if that can be brought in also, that would be greatly appreciated. Um, I was told that Little League isn't what it used to be, but we wanna make it what it used to be. We wanna make it to where we have like five and 10 teams out there enough to accommodate. We need the fields to accommodate these teams to, um, these kids to play. So that's what we're doing. I know that, you know, some of you were invested in Little League when your kids were playing, and so if we could just keep that, that fire, that spirit within this, this organization to where we could keep it going for not only my kids as kids, but their kids too, that would be greatly appreciated. Thank you so much.”

4. Pastor David Vivas, Delano – “First of all, once again, I'd like to just, uh, commend each and every one of you, uh, council members, uh, as our, we are your constituents. We know that, uh, there are many projects and activities that you do work on behind the scenes, I've noticed, uh, that, and, uh, so that is greatly appreciated. But one thing that I don't appreciate is, um, for troublemakers to bring in media and criticize our city staff. You know, back in September, a news media was brought in here and made again, unfounded criticisms against the city of Delano against our city manager, uh, city staff saying, and city council saying that you guys lack transparency. Remember that story. Well, um, to set the record straight, the city is very transparent. Um, this was in regards to the Biennial report. Most people don't know that city staff works tirelessly behind the scenes. And I think every City, city Council member, every single one of you understands that you guys know that. And so if anybody's going to, um, stand up and say, you know what? The city does have transparency, go onto the city website, and you could see, uh, the expenses from now until 2025. Each and every month the warrant register. People take time to read the, uh, agenda for the city council. They're gonna find out the city is very transparent. But all these people can do is criticize the city council, city staff. And these people claim to be well engaged with the city. If they were well engaged with the city, they would've known about the special meeting. But it goes to show they're not well engaged. They just like to point the finger and criticize. And I don't appreciate that because again, our staff works tirelessly hours after normal business hours. And you as a city council, you, you all know that if anybody knows that, you know that. And so that's one thing that I don't appreciate is for the media to come in here. And by the way, who believes the media's prejudice? I, I, I think we should know by now that Delano is a good community, good community of people who tru truly care. We, we all, we all have our causes, but we genuinely care for one another. And so your attitude should show that your 30, I believe, have shown that because each and every one of you has contributed. You've done work, you've done what you can. And so, um, I think all of us as Delano ones should be opposed when any media comes in and tries to give, throw, throw our city staff under the bus. That's not right. And, uh, thank you city staff for doing an action job. By the way, we are coming up to having a meeting about the Measure U funds that will be taking place a week from tomorrow at 5:30. Thank you.”

5. Pastor Angelo, Bakersfield (Via Zoom) – “I just wanted to call and thank the council and for, uh, Joe Alindajao, how for being elected mayor Again, I would've loved to have been there to shake his hand. We were down here in Bakersfield, standing up for Israel at a rally. So again, I've seen, uh, the mayor over the years have been up there numerous times. As the pastor Vivas just said, the city council up there works very hard, uh, and, and, and dealing with really tough issues. And I've seen this, uh, mayor, uh, up close and personal. And he is a man of integrity and honor and discipline. And I think mayors across the country should take a look, uh, a page out of his playbook because what he's doing in, uh, Delano is really setting the stage for I think, the rest of the country. So thank you so much, mayor, and congratulations.” Public comments closed.

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 $2,376,816.65
3) Authorization to enter into agreements with Delano Towing, Cen Cal Industries Towing and Abel’s Towing to provide Towing Services for the City of Delano and authorize the City Manager to execute any required documents
4) Award of the “2023 WWTP Aerator #2 Gearboxes Changeout Project” to the Laron Company, the original equipment manufacturer, for $56,683.26 and authorize the City Manager or her designee to sign all documents needed to carry out this transaction 5) Resolution awarding the water compact track loader contract to Kern Machinery, Inc. for the purchase of one (1) new/unused John Deere 325g and accessories in the amount of $123,151.95 and authorizing the city manager, or her designee, to execute all required documents 6) Resolution awarding the Parks Pickup Truck contract to National Auto Fleet Group for the purchase of one (1) new/unused 2024 Super Duty F-250 SRW (F2A) XL, 2WD Regular Cab, 8’ box, 142” WB, from National Auto Fleet Group in the amount of $49,184.15 and authorizing the city manager, or her designee, to execute all required documents 7) Resolution awarding the WWTP Pickup Truck contract to National Auto Fleet Group for the purchase of one (1) new/unused 2024 Super Duty F-250 SRW (F2A) XL, 2WD Regular Cab, 8’ box, 142” WB, from National Auto Fleet Group in the amount of $49,184.15 and authorizing the city manager, or her designee, to execute all required documents 8) Resolution awarding the Water Pickup Truck contract to National Auto Fleet Group for the purchase of one (1) new/unused 2024 Super Duty F-250 SRW (F2A) XL, 2WD Regular Cab, 8’ box, 142” WB, from National Auto Fleet Group in the amount of $49,184.15 and authorizing the city manager, or her designee, to execute all required documents 9) Approval of Professional Services Agreement with Ruettgers & Schuler Civil Engineers for $220,000.00 to provide civil engineering design services for preparation of the Project Study Report for the High St. Morse Blvd. Flyover Project, and authorizing the City Manager, or her designee, to sign any documents needed to carry out this project 10) Approval of the Sixth Amendment to Agreement 2001-19 (Residential Recycling), the Second Amendment to Agreement 2017-35 (Multifamily and Commercial Recycling), the First Amendment to Agreement 2023-22 (Municipal Solid Waste), and the Agreement regarding SB 1383 Compliance with South Tulare-Richgrove Refuse Inc. 11) Approval of task order CO-01, under professional services agreement 2019-73 with Dee Jaspar & Associates, Inc., for $17,438.00, to provide construction staking services for the construction of a 24-inch Interceptor Sewer Main Project from Randolph to Lexington Streets and authorization for the City Manager, or her designee, to execute the same. 12) Approval of purchase of interior and exterior furniture for the Aquatic Center, from Core Business Interiors, from Fresno, CA, in the amount of $97,101.47 and authorization for the city manager, or her designee, to execute all required documents
Motion was made by: Nunez to approved items 1 – 2, 4-12 on consent; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None
Item No. 3 pulled by Lupe Martinez
Lupe Martinez: “It's more of a clarification and maybe a question. Um, it seems like there's three, uh, businesses or Delano Towing. Um, and my question, are those the only ones that are in Delano or are there other, uh, towing trucks, uh, as businesses in the Delano besides these? And then the second one is, um, is that enough for the size of Delano? And if it is, I, I guess I don't know the numbers or what's, uh, what, what is really needed for that. So I needed that to clarify that in itself. And I must say I do know of one here, um, that I know has been around for a long, long, long time, certainly, but I don't know if we, if that's enough.” Interim Chief of Police Nicholson: “Alright, so we have three, uh, tow companies, uh, that are on the RFP, uh, and the proposal. We do have more towing companies that are in Delano. Uh, for whatever reason, they did not submit a, a response to the RFP, uh, to be selected as one of the towing companies that provides us our service. Um, we have found that, uh, three is sufficient, uh, for our towing services. Uh, we have three currently, and we would have three after this authorization.”
Motion was made by: Morris to approved item 3 on consent; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None

PUBLIC HEARINGS
No items.

REGULAR AGENDA
13) Authorization To Enter into an Agreement with Flock Safety, Inc. for 25 License Plate Reader cameras and authorize the City Manager to execute any required documents Interim Chief of Police Nicholson provided Staff report.

Public comment opened.

1. Brian Franks, 2022 County Line Road – “Will any of those cameras be put on County Line Road? Um, I know we have a heck of, I live on county line and we have a terrible problem with accident theft, DUIs, even shootings. Um, but, you know, it's a, it's a, you know, going through there. I live at the store, land storage and, uh, I mean, nightly all through the night, a hundred miles an hour, 120 miles an hour, you know, drivers are, I mean, they're outta hand. So, uh, some of those cameras on coming on the road, that'd be great.”

2. Maria Martinez – “Is those camera, are they gonna put it on Albany Street by Cemetery? 'cause, uh, about six months ago, they were still in my car and the camera didn't catch it. So lucky I had a, I have the alarm, so that's it. Okay, thank you. I hope to maintain the cameras, 'cause sometimes they don't work.” Public comment closed.

Morris: “I just have a question. Um, chief, is this in addition to the cameras that we have out there? Do they serve the same purpose or they do something different?”
Interim Chief of Police Nicholson – “They're, they're exactly the same. Now, it's just an additional 25.

Uh, we have 20 currently, and through this grant we're getting, uh, an additional 25.” Vasquez: No comment
Nunez: No comment.

Solorio-Ruiz: “And, and they're still with the same, uh, company, right?” Interim Chief of Police Nicholson – “That's correct.”
Solorio-Ruiz: “Okay. Okay. Well, I think, uh, overall, no questions, just really a comment. I think this is, uh, an important tool and I think the extension of, of more, I think is a plus. And it'll benefit, uh, the city as a whole. And I think we need to trust our law enforcement as well, and the tools that, that you want and you need, um, of course for the betterment of our community. So thank you.” Alindajao: “We did have two questions from the public in terms of the location of the flock cameras. I'll let you answer it or not answer it, however you wanna handle that.” Interim Chief of Police Nicholson – “We do have several on County line road. Um, we do have some by the cemetery. As a matter of fact, uh, if you didn't know about flock, private companies can buy a camera and allow the police department to have access to that. Uh, the, uh, cemetery has done that. They purchased one camera that we have access to. Um, so there, there is, uh, some on County Line Road and near the cemetery.”
Motion was made by: Solorio-Ruiz to approve item 13;
2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None
14) Request for Delano Chamber of Commerce for a sponsorship for the 2023 Christmas Parade & Fair
Cit Manager Reyna provided Staff report.

Public comment opened.
1) Sunshine Hernandez, Chamber of Commerce – “Good evening, mayor, city Council, city staff. Um, first I would like to thank you for, uh, supporting our events and, uh, programs throughout the year. Um, obviously the Christmas parade is one of, um, our largest events and, um, the city's maybe favorite parade event, um, during Christmas time. So, um, I, I do thank you for considering our, uh, proposal. And, um, we'd just like to open it up to you for any questions you may have” Public comment closed.

Solorio-Ruiz: “No questions. Just, uh, it's a tradition that we always do and I think we should all be in favor of it.” Nunez: “I just want to confirm, where is this money coming from in City Funds?” City Manager Reyna: “It comes from the council's account for sponsorships on the staff report. You do have the balance remaining as it is, as it currently stands, which is, um, a little over $10,000. Uh, if you decide to sponsor this, just remember that you'll need to deduct then the amount of sponsorship.” Vasquez: No comments.

Morris: “I'd just like to say that, um, Christmas Parade has traditionally always been supported by the city. Um, it, it's a big event in our community. Everybody, you know, comes out, you know, and supports, um, this event, we have a lot of participants in the parade. Um, we normally, I think last year there was over 60 or 70 entries in the, in the parade. And so, um, and everybody has their kid or somebody playing in the band, and everybody goes out to watch them play. And so, uh, it, it's a fun time to come out and have, you know, uh, coffee and cookies, you know, with the, the council and, and, um, and invite everyone to go out there to the popups or have food out there. And so, um, it's, it's great fun for everyone. So, uh, and it's for the entire community. So, uh, I'm totally supporting this particular project.”
Alindajao: “The Christmas parades already grandfathered, correct?” City Manager Reyna: “As far as the parade fee, mayor? Yes, it is.” Alindajao: “Okay. So that's a, what is the typical or normal parade fee for a non-grandfathered entry? City Manager Reyna: “It's close to $3,000. A grandfathered one is about $1,350.” Alindajao: “And I understand that the Christmas parade, I mean, I don't have actual statistics, but I believe that's probably the most attended and most popular parade that Delano has.” City Manager Reyna: “In past years. It's probably the most attended parade of the year.” Alindajao: “Which makes sense. And I don't wanna be the Grinch and vote against it. So, um, I, uh, yeah, it, it like the Vice mayor said it. It's a fun parade. Families and kids love it, and it's gonna be another great parade. And the chamber does a good job, and it's gonna be a fun time.” Motion was made by: Solorio-Ruiz to approve item 14;
2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz / Nunez / Vasquez Nays: None

Absent: None
Abstentions: None
15) Request from Spreading Help Around You (S.H.A.Y.) for a sponsorship for the SHAY 5K Run/Walk Sponsorship
Public comment opens.

1. Elsa Pinoliar, 2205 Bellagio Street, Spreading Help Around You – “So we were just here to, um, as board members. Um, we would like to ask for your help with that special event permit. We're in a small nonprofit organization, so this amount, um, you know, really, um, kind of is, is a lot for us. We haven't fundraised in a while since COVID. Um, so this particular 5K that we do annually. Um, and we wanted to thank, uh, the city council, um, from last year for helping us with the event where we had that 10 year, um, event for the spreading help around you. Um, you know, this is to promote pedestrian awareness, um, safety awareness. And, um, this organization helps with, um, families that have lost the loved ones. We've also donated to churches, uh, we've donated, um, to, um, homeless. Um, we've made, uh, care packages for them, um, Thanksgiving dinners and things like that. So, um, we do, we don't do as much of other, um, big, um, nonprofit as well, but, you know, we're getting there. We're a small one, um, but we are here to, um, to promote that, um, pedestrian awareness. And, uh, we just wanna come here and, uh, ask if you'd, uh, kindly, um, on us the, um, for letting us with that permit, um, for this year. Um, I wanted to especially thank, um, uh, uh, Veronica for, um, Vasquez for, um, volunteering for the 5K. I really appreciate it. I know it's Thanksgiving morning and everybody has plans and, and so we appreciate you taking the time coming in, um, in that early morning. And, uh, Mayor Alindajao for, um, joining us in that 5K. So we really appreciate your support and, um, Liz and, and, and Solorio. So, so thank you. But welcome any comments, questions that you guys may have.”

2. Patricia Puentes, 2114 Via Tuscan – “I'm part of what a board member for the S.H.A.Y. organization.

And again, want to thank Veronica Vasquez for volunteering. Joe and his family. Um, also wanted to thank, we had a couple of volunteers and donations that were given to us. Um, Starbucks donated coffee. Larry Smith donated donuts. Um, a lot of our, uh, San Oz from the Delano Chamber of Commerce donated water for us. We had some of the participants that donated water for the run as well. Um, we had about 81 runners and 21 volunteers that day. Um, also the school Delano, was it CC Cesar Chavez High, their basketball girls' basketball team was out there volunteering. So if you guys would help us out, we are small.

We're trying to, you know, put our name out there and try to get a lot of donations so we can continue to help. Um, each board member, we know we do donate on our own. We donate it for a coat drive that would help, you know, the youth here as well. We donate for families that need are in need during, you know, their hard times as well. So if you guys could help us out with, uh, helping us with the reimbursement on the permit, that would help us tremendously so we can continue to give to others as well.” Public comment closed.

Vasquez: “I think it's pretty clear this is gonna come out of the, the $10,000 and so once we give to, if we give to both, we will be at $5,650.”
Nunez: No comments
Solorio-Ruiz: “No comments. Just gratitude for the work you do. Keep it up.” Morris: “First of all, um, to the panel, our family, when you applied for that permit, did they tell you how much the permit was going to cost you then?”
Elsa Pinoliar: “Yes, I did apply for that permit. Um, I submitted my permit application back in October, in the beginning of October. Um, but didn't get an invoice until about November 15, which our walk was back, you know, few days after that. So, um, I was here at the city council, um, making a comment to see if I can get that reimbursed. Um, I was too late to be added to the agenda, so, um, now that I'm asking for it, it's for $2,000.”
Morris: “And did they give you a breakdown of what those charges were gonna be? Elsa Pinoliar:” I did ask one itemization invoice. Um, there were just two items on there, which was a miscellaneous item, and then the, uh, um, I forgot what that was called on the, but I do have the invoice here. I did ask for the, um, itemized, and there are two items on the item itemized, and it's a miscellaneous permit and outdoor event permit.

Morris: Yeah. Um, and I don't know if you are aware, because that is a holiday and they're worried and the employees or the city employees have to get double pay that day, you know, so I would suggest maybe in the future you might wanna hold that on Saturday or another day where we don't have to pay them double pay, you know.”
Elsa Pinoliar: “We have taken that in consideration. Um, it's the only reason for that, um, day is because we've always had it, um, that day since, uh, 2012.”
Morris: “Yeah, I know this is gonna be, this is hard for me because, you know, I love your family and I love what you guys, you know, do, but, um, if you understand, you know, the city process, you know, how this comes out of the budget is not only you are gonna ask us, but every other person, you know, who, who has a run, is gonna ask us for the same thing.”
Elsa Pinoliar: “I understand. And that's why, I mean, if, you know, whose mouth can doesn't get fed, so you ask.”
Morris: “Yeah. And, and I believe we should reimburse you maybe for part of that, but I don't think we should reimburse you for the full amount, you know, and, and I appreciate your efforts, you know, to make that, um, you know, the effort to, you know, raise, you know, monies to, to do that. Um, and it might be wise probably to start now, you know, for next year and, and hit up the big companies, you know, that, uh, that that can really help you with a lot more money or, you know, run, do a barbecue or something like that, that would help you, you know, cover those, those expenses. But, uh, I'm not in agreement to cover, you know, the whole expense of that permit, but I am in agreement to cover some of that.” Motion was made by: Vasquez to approve item the full amount on item 15; 2nd by: Solorio-Ruiz
Vote: 4-1
Ayes: Alindajao / Solorio-Ruiz / Nunez / Vasquez
Nays: Morris

Absent: None
Abstentions: None

DEPARTMENTAL REPORTS
Interim Chief of Police Nicholson reported on the Sideshow that occurred Thanksgiving weekend.

COUNCIL STATEMENTS AND REPORTS
Council Member Solorio-Ruiz: “I hope everyone had a happy Thanksgiving. Um, I am aware that we had the S.H.A.Y. event. Um, I do wanna apologize. Uh, unfortunately I had to go to the emergency room on Thanksgiving morning, so that wasn't great. But, um, overall, though, I heard it was a success. Um, and the, uh, the Thanksgiving luncheon. So I heard that was also a success. So, I wanted to shout those out. Um, I also want to, uh, share gratitude to our Delano pd. They, uh, a few days ago, they also participated and coordinated, like the stuff, the bus event where folks can donate toys, and I think that's important. Um, I also wanted to remind folks of the holiday toy drive that is still happening. Uh, the, uh, drop off locations are here at City Hall, Kern County Fire Stations, athletic sport gyms, uh, sport Gym, and then Tacos Humildes and Emmanuel Furniture. If anybody wants to donate any toys, um, please feel free to do so. The date of distribution is potentially the 16th, but of course, uh, ETA on that, um, that might change. Uh, other than that, uh, I am going to give gratitude as well, again, to our Delano pd. I, I know the chief, um, I, I think one thing to, to state is that, you know, we have to trust our law enforcement in the process that, that it's, it's being, uh, taken care of in regard to the incident that occurred. Um, I think I even saw the video of the, that one gentleman. I think it happened in Woollomes, where his leg got, you know, broken. And I think that it, it, it's a horrible incident. And however we can address it and make our laws stronger, and, you know, support a law enforcement on that front, um, and find out, you know, why these folks are coming here and doing these things, you know, we should all be in support. Um, but that is all. Thank you.” Council Member Nunez: “First of all, I'd like to congratulate Mr. And Mrs. Martinez, uh, celebrating their 50th, uh, wedding anniversary. That is alone is a great accomplishment. Um, I had the honor of, yeah, I have the honor of being a padrino and, and hanging out with Mrs. Martinez and Ms. Martinez. I had a great time. And again, congratulations. It's, it's something that my wife and I, when we sat next to each other there and we looked at each other, you think we can go, you know, 19 more years? And she said, you better <laugh>. So again, congratulations on your, on your anniversary. Uh, second, I would like to ask staff, um, if I don't know the correct wording, or if it's a resolution or an ordinance or whatever we need to do to get, uh, the mayorship, uh, get something written up, uh, so we can get it ready and put on the ballot for November. I don't know if we're too late for it or not, but for November of 2024, so our next mayor, um, we can have that elected. And I don't know the specific, if we want to go with, uh, whoever gets the most votes becomes mayor or, um, that position alone is the mayor. You run for the mayor alone?
Alindajao: My, can I make a suggestion? Yes. Can we put that on the first meeting of February so that staff might have time to research the issue?
Nunez: “Yes.”
Council Member Vasquez: “I wanna report that, uh, this past week I was voted the North Region Governance Council of California Jobs. First I was voted in by community people from the cities of Delano, lost Hills, McFarland, Shafter, Wasco, and Woody. And who's in charge of this? It comes from the state. It's gonna bring millions of dollars to all these areas so that they can bring high paying jobs. It's in collaboration with Cap K, B three K, central Labor Council, Kern in Yano Bakersfield College and bringing healthy families. So I'm happy that I'm on that committee because what that does is that brings lots of money to our communities, our rural areas that are a lot of times underserved. And that's the whole purpose of this grant money. And I've been attending these meetings for almost two years. It was before the pandemic. And, um, I knew that it was very important because that's something that comes up a lot in our community is we're one of the communities that has very high expensive homes and people can't meet the needs. And then we have multiple families living in one home because they can't afford it.

So this is a solution that's gonna help out our community. Um, the other thing is we will be having a senior dance, and we are accepting donations for that. Um, if you've ever been to a senior event, they love those raffles. So anything is welcome. You're more than welcome to contact me in regards to that. Thank you” Mayor Pro Tem Morris: “Yeah. Um, Veronica, let me congratulate you on your accomplishment and your recognition. Um, that's, that's great. Quite an honor. Uh, I also wanna recognize Lupe and, and Maria and, and congratulate them in 50 years. That's, that is an accomplishment any more these days. Doesn't happen too often anymore. Um, but, uh, in any case, I, I would like to, uh, thank the chief again, you know, for his report and keeping us posted and being transparent with us, uh, the happenings of Delano. And, uh, we'll see all of you at the Christmas parade on Thursday. Okay? So do come out and, and support everyone and have some fun. Thank you. Come see Santa.”
Mayor Alindajao: “I attended the S.H.A.Y event, like some folks mentioned. It was a lot of fun, uh, being out there.

Love seeing all the purple shirts, although I don't run the 5K as fast as I did last year, although it was warmer. So that was nice. It was a lot warmer, but still, uh, so three miles a long way away, but we had a good time. Thank you for putting that together. Thank you for making us aware of public safety and pedestrian safety, and also honoring S.H.A.Y. Um, she went to school with my son Jagger, and I still remember that day. So I appreciate you keeping her memory alive in a positive way and doing what you do for the community. So we appreciate it. Um, I also attended the, uh, Tony's Firehouse Thanksgiving dinner giveaway. I saw many of my colleagues there. Um, I think they were all there. I think, uh, yeah, we were all there. Oh, no. Okay. I'm sorry. Um, most of us were there and, um, we had a good time. Um, I pretty much did nothing, but it was fun to attend and watch, you know, folks. I mean, the, I think the line was from Tony's firehouse if you, if you know Delano, um, all the way, I think it stretched all the way almost to Cecil Avenue. Uh, the vehicles that were lined up for a free Turkey dinner. And it was, it was really a beautiful thing to see. I want to thank, uh, Anthony Martinez and his family for putting that together, almost. It's been quite a number of years now, they've done it. And so I want to thank them for, uh, such a beautiful event. Um, let's see.

Other than that, the Christmas parade, like what the vice mayor mentioned is coming up on Thursday. I hope y'all can make it hot chocolate cookies and the ling those most popular parade, so don't miss it.” .

Moved for Closed Session by: Solorio-Ruiz 2nd by: Morris Time: 7:45PM
Vote: 5-0
Ayes: Alindajao / Morris/ Nunez / Solorio-Ruiz / Vasquez Nays: None

Absent: None
Abstentions: None
The City Clerk was excused. City Manager Reyna was appointed as Acting City Clerk. City Engineer Dowling and Interim City Attorney Hensley were present.

CLOSED SESSION
16) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code section 54956.8.

Property: 1104 11th Avenue, APN 038-430-13 & 038-430-12 Agency negotiator: City Manager, City Engineer, and City Attorney Negotiating parties: Sara S. Burnette with Century 21
Under negotiation: price and/or terms of payment
Negotiating parties: Double Eagle Dover Inv. LLC.

Under negotiation: price and/or terms of payment
Action: No Reportable Action
Moved for Open Session by: Alindajao, 2nd by: Solorio-Ruiz Time: 8:02PM
Vote: 5-0
Ayes: Alindajao / Morris /Nunez / Solorio-Ruiz / Vasquez Nays: None

Absent: None
Abstentions: None

RETURN TO GENERAL SESSION

ADJOURNMENT
Moved by Council Member Alindajao, seconded by Solorio-Ruiz, and unanimously carried 5-0 to adjourn the meeting at 8:03p.m.
_____________________________________________
Nancy Garcia, City Clerk
RECOMMENDATION:

Award of the “2023 TCP GAC Media Exchange Project” to the CalgonCarbon Company for $203,412.79.

DISCUSSION:

The City’s TCP Removal Plant located on 20th Avenue, east of Browning Rd., needs half of its Granular Activated Carbon (GAC) filter media replaced. The TCP Removal Plant filters water from wells 26, 30, and 33. The GAC media in four out of a total of eight vessels will be replaced with clean material. CalgonCarbon is the original manufacturer and supplier of the subject treatment facility and is therefore recommended as the sole source vendor for this purchase.

The spent media removed will be tested, and if viable will be reactivated and stored for the next replacement, which should be happening in about 18 months. Subsequent media replacements should be cheaper since we’ll be using our own reactivated media.

BUDGET/FISCAL:

Staff received one quote from CalgonCarbon, the OEM, for $203,412.79. A contingency of 10% is requested ($23,350.00), bringing the possible project total to $226,762.79. There are sufficient funds in Water Fund Account 73-910A-720 (TCP Removal) for this purchase. It is requested that a new account be issued for this project, to be labeled “2023 TCP GAC Media Exchange Project.” Attachments: Quotation

CITY OF DELANO

STAFF REPORT
January
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award of the “2023 TCP GAC Media Exchange Project” to the CalgonCarbon Company for $203,412.79 and authorize the City Manager or her designee to sign all documents needed to carry out this transaction.

Agenda Item: 13
December 18, 2023
December 5, 2023 Quote: 00019117
City of Delano
1015 11th Ave
Delano California 93215
Dear Zielsdorf:

Thank you for your interest in Calgon Carbon Corporation to complete your upcoming GAC Exchange. We are pleased to offer our services to assist you in this endeavor.

The price for performing the GAC Exchanges is below, and is subject to Calgon Carbon Corporation's standard terms and conditions, a copy of which is attached. Calgon Carbon Corporation is proposing to perform the GAC Exchange using Bulk Slurry techniques.

Product/Packaging: FILTRASORB 400 - BULK
Price: $190,060.00
Quantity: 86,000 LBS
Tax (8.25% on GAC only): $13,352.79
Total: $203,412.79
Incoterms: 11 - Ship Pt Prepaid Delivered
Please note for freight:

Bulk trailers are alloted on-site time for 4-hours - additional time that is required on-site may be applicable to the below detention rates:

Excess detention is $101.40 per hour, per truck
Layover charge if required of $259.00 per truck
This quote does not include any applicable taxes. Standard lead time is 10 business days after receipt of a purchase order.

Quote is valid until February 29, 2024. Shipment must take place within 90 days after receipt of a purchase order. Pricing beyond the terms stated above is subject to change. Subject to Calgon Carbon Corporation Terms and Conditions. Any changes made to this order may be subject to the assessment of change fees. Specifically, changes made within a 3 business day window prior to the scheduled delivery date will be subject to additional fees based on costs incurred by Calgon Carbon Corporation. These costs may include, but are not limited to, handling fees, transportation fees, restocking fees, and any other direct costs associated with changes to the order. The freight and product quoted above is based on the current rates. If freight costs and/or product costs increase by more than 5% at time of shipment, pricing is subject to change.

If you would like to proceed with this offer, please email or fax a purchase order or credit card information and tax-exempt form, if applicable, to customer relations at [email protected] or 412-787-6323. Please include your shipping address, delivery date, and reference the above quotation number on your purchase order. Please contact me with any additional questions.

Sincerely,
Calgon Carbon Corporation
Benjamin Goecke
Senior Technical Sales Representative
Calgon Carbon Corporation, a Kuraray Company
[email protected]
+1 4252860754
Additional Information
Proposal Validity and Scope
Quote is valid until 2/29/24. Sales/Use Taxes are not included. Payment terms are Net30 from date of invoice. Unless otherwise noted in Calgon Carbon's Sales Proposal or Customer's Purchase Order, the services to be provided by Calgon Carbon and the requirements of the customer are defined in the following sections. Additional service costs will be invoiced for wait time, poor equipment access, difficult to remove or install media, excessive trailer drain times, or other variances from the standard scope of supply.

Rates above contain a fuel surcharge (FSC) calculated for a diesel price of $3.00 per gallon. An additional Calgon Carbon fuel charge of $200 base amount + an additional mileage based adder will be applied at time of shipment when diesel fuel prices exceed $3.00 per gallon.

Standard Scope of Supply
Our quoted service price includes removal of the spent media from the customer vessel, placement of spent media in either bulk bags or disposal container, inspection of vessel interior performed by viewing from outside man-way opening, and re-bedding with replacement media. Service is performed during normal operating hours of Monday to Friday. Weekend and holiday work can be performed at special rates. Bulk exchange pricing assumes adequate access to the vessel, customer supplies air and water for the exchanges, and vessel is equipped with media discharge and media fill lines terminated with male Camlock-type fittings. Two (2) hours are allotted for water to drain from trailers. Vacuum vessel change-out pricing assumes vertical cylindrical vessels with top entry that can be filled pneumatically by pulling a vacuum on the vessel or by drop loading from super sacks directly over the top man-way. To avoid additional invoiced costs, conditions defined in the Site Criteria, Additional Criteria for Vacuum Service, and Spent Media Disposal sections below must also be met.

Site Criteria

1. Compressed air (100 cfm min.), water (60 psig and 150 gpm min.), drainage, 110V, 20 A power, lighting, and restrooms readily available.

2. Suitable access and staging areas for materials and service equipment within 100 feet of equipment to be serviced.

3. Spent media must be free flowing and of a nature (e.g. not gummy or attrited) that does not blind water separation nozzles or screens.

4. Customer is to open all man ways for inspections, vacuum service and dry fills. Failure to allow Calgon Carbon to internally inspect the vessel for damage to under-drains that might result in a carbon release and for a spent carbon heel in the vessel that may cause premature contaminate break-through will make these failures solely the responsibility of the customer.

5. At sites where spent media is classified as a RCRA hazardous waste, customer is responsible for the disposal of contaminated PPE, equipment (e.g., filters) and decontamination rinse water.

6. Inclement weather provisions:
- For extreme weather conditions (temp < 30 F or > 90 F; wind > 15 mph; heavy rain or snow, etc.), work may be postponed for safety reasons. However, in emergency situations, exceptional provisions (e.g. portable heaters, tarps, etc.) may be used to complete the work. Costs of such provisions are the responsibility of the customer. - Impassable roadways at a site will be considered a safety hazard and will result in delay or cancellation charges.

As a reminder for bulk slurry service, the following conditions should be met:

Compressed air (100 cfm min.), water (60 psig and 150 gpm min.), drainage, 110V, 20 A power, lighting, and restrooms readily available.; Spent media must be free flowing and of a nature (e.g. not gummy or attrited) that does not blind water separation nozzles or screens.; Customer is to open all man ways for inspections, vacuum service and dry fills. Failure to allow Calgon Carbon to internally inspect the vessel for damage to under-drains that might result in a carbon release and for a spent carbon heel in the vessel that may cause premature contaminate break-through will make these failures solely the responsibility of the customer. If repairs to a vessel are required, labor and charges for additional materials and equipment will be invoiced as cost over-runs. Additional cost over-runs will be invoiced for wait time, poor equipment access, difficult to remove or install media, excessive trailer drain times, or other variances from the standard scope of supply.

Cost Over-Runs
Pricing is based on indicated quantities of media. If removed or replaced quantity is greater, the invoice will reflect actual quantity and additional costs for transportation, field service crew and material. If repairs to a vessel are required, labor and charges for additional materials and equipment will be invoiced as cost over-runs. Additional cost over-runs will be invoiced for wait time, poor equipment access, difficult to remove or install media, excessive trailer drain times, or other variances from the standard scope of supply. If media is solidified and customer requests Calgon Carbon to remove media, Calgon Carbon will not assume responsibility for any damage to vessel interior.

Carbon Acceptance Fee: This does not apply for any impregnated activated carbons.

We are required by our operating permits to sample and analyze all spent carbons prior to their initial shipment to ensure a safe and environmentally friendly reactivation process. Each approval is then required to be revalidated through submittal of a new profile and sample for testing at a frequency of not less than once every five years. The standard fees for initial approval and project revalidation are as follows:

Non-Hazardous Reactivation Testing Fee (Vapor Phase) $800.00 Non-Hazardous Reactivation Testing Fee (Liquid Phase) $1,000.00 RCRA Hazardous Reactivation Testing Fee (Vapor Phase) $1,000.00 RCRA Hazardous Reactivation Testing Fee (Liquid Phase) $1,200.00 Additional analyses may also be required for acceptance of spent carbons from certain applications (e.g., wood treating applications, DBCP or PCB treatment, TCLP analysis, metals testing, etc).Contact your Technical Sales Representative or the Carbon Acceptance Department for current pricing. Carbon Acceptance testing will take approximately 3-4 weeks once the sample and paperwork are received by Calgon Carbon Corporation.

SPENT CARBON HANDLING: The Fees listed above include handling of all spent carbon generated in the treatment application provided: 1) the spent carbon satisfies all spent carbon acceptance criteria established by Calgon Carbon; 2) the spent carbon is classified non-hazardous as defined under the Federal Resource Conservation and Recovery Act (RCRA). If it is subsequently determined that the spent carbon generated is a Hazardous Waste as defined by RCRA, then the return of the spent carbon will be subject to a RCRA Spent Carbon Reactivation Fee at a minimum of twenty-five cents ($.25) for each pound of spent carbon returned on a dry weight basis. The Fee will be determined at the time an order is placed for exchange of Activated Carbon or at the time a return of spent carbon is scheduled if purchase of replacement Activated Carbon is not required.

Transportation of Hazardous Media
If spent media is classified as hazardous, transportation of spent media is by a hazardous carrier. Customer to supply and prepare all required manifests. Wet, dripping, or loading super sacks of hazardous waste will not be acceptable for removal from site. We suggest that these items be placed under roof or tarp so that extra freight charges for rejected loads might be avoided.

Please remember that as many as thirty (30) days may be needed to arrange hazardous transportation.

Questions
Further information may be obtained from your sales person, at our website www.calgoncarbon.com, or by calling 1-800-4-CARBON.

Terms and Conditions for the Sale of Carbon and Media
1) DEFINITIONS:
(a) Seller: Calgon Carbon Corporation or its applicable subsidiary or affiliate (b) Buyer: The buyer named in the Documentation
(c) Documentation:

The proposal, confirmation, acknowledgement or other contract, as applicable, for the sale of the Products to which these Terms and Conditions are attached
(d) Goods:: Any carbon cloth, carbon, resin, diatomaceous earth, and/or perlites sold pursuant to the terms of the Documentation (e) Products: The Goods and services, collectively, described in the Documentation (f) Agreement: The Documentation, these Terms and Conditions and any attachments referenced in the Documentation 2) GENERAL: Seller hereby offers for sale to Buyer the Products on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. To the extent of a conflict between these Terms and Conditions and the express terms set forth in the Documentation, the terms set forth in the Documentation shall control. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions set forth herein differ from the terms in any document issued by Buyer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer's document. In ordering and delivery of the Products, the parties may employ their standard forms; provided, however, that nothing in those forms shall be construed to modify or amend the terms of this Agreement. In the event of a conflict between this Agreement and either party's standard forms, this Agreement shall govern. 3) Price and Payment: The price shall be as stated in the Documentation.

Unless otherwise stated in the Documentation: (a) The price is exclusive of any taxes, tariff, and duties of any kind which either party may be required to pay with respect to the sale of goods described in the Documentation, and Buyer shall be responsible for the payment of all taxes, tariffs and duties related hereto, except for income taxes imposed on Seller; (b) Sales tax will be added to the price based upon the Product destination unless tax exemption or direct pay documentation is provided; (c) Products will be billed for at the time of delivery; and (d) Payment terms shall be net thirty (30) days, or net forty-five (45) days if paid by Electronic Funds Transfer (EFT). A late payment fee of 1.25% per month, or the highest lawful rate, whichever is less, will apply to all amounts past due, and will be prorated per day.

Retainage may only be applied on the final invoice. Buyer agrees that Seller, at its discretion, may accelerate and make due and payable all remaining payments if Buyer shall fail to perform any of its obligations hereunder or under the Documentation, including without limitation Buyer's failure to pay any amount when due, subject to any applicable cure periods provided for herein.
4) PRICING CONDITIONS:
(a) Unless otherwise indicated within the Documentation, all pricing quoted in connection with the Documentation is valid for purchase for a sixty (60) day period beginning with the date of the Documentation. (b) If this Agreement shall continue into the next calendar year, the fees payable pursuant hereto will be adjusted on January 1st of such calendar year as outlined in the Documentation; provided that if the Documentation is silent, the mechanism set forth in Section 4(c) below will apply. (c) If the Documentation is silent regarding the mechanism for adjustment of fees, the fees will be adjusted on January 1 of such ca st lendar year by the annual percentage change in the combined average of two Producer Price Indices, as published by the United States Department of Labor: (i) Producer Price Index of other Petroleum and Coal Products Manufacturing, and (ii) Producer Price Index of Basic Organic Chemicals. The percent adjustment shall be calculated by taking the percent difference for each index during the twelve month period from January 1st through December 31st of the last completed calendar year as compared to the twelve month period from January 1st through December 31st of the calendar year immediately preceding the last completed calendar year. These two percentages will then be averaged for calculating the final percent increase to which all Goods will be subject. If the calculation would result in a negative adjustment, no changes shall be made for such year. 5) SALE AND DELIVERY: Sale terms and pricing, unless otherwise specified in the Documentation, are F.O.B. Seller's point of shipment (Incoterms® 2020). If freight is to be prepaid by Seller and added to the amount due, Seller shall add up to a thirty-five percent (35%) surcharge to the freight charges. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of any Product in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder or under any other outstanding payment obligations of Buyer to Seller, whether related to the Documentation or otherwise.
6) TITLE AND RISK OF LOSS: Notwithstanding the trade terms indicated above and subject to Seller's right to stop delivery of any Goods in transit pursuant to Section 5 above, title to and risk of loss of the Goods will pass to Buyer upon delivery of the Goods by Seller to the carrier at Seller's point of shipment. Notwithstanding the foregoing or the provisions of the Uniform Commercial Code or Incoterms® 2020, if Buyer is located outside of the United States of America, title to the Goods, and all accessions to or products of the Goods, shall remain with Seller until the later of (a) payment in full of the purchase price and of other amounts owing by Buyer and (b) delivery to Buyer. 7) AVAILABILITY: Shipment dates (and delivery and installation dates, if included in the scope of work) are not guaranteed, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control.

In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. If any delivery is delayed for more than thirty (30) days beyond the originally scheduled delivery date and such delay is caused by Buyer, Buyer will be subject to storage charges from the scheduled shipment date of two percent (2%) of the sale price per month; and such storage charge shall be due monthly on the first day of each month. Storage by Seller shall be at Buyer's risk and expense.
8) SERVICES:
(a) All orders which include services (including installation, supervision, startup, training, testing, etc.) as stated in the Documentation will require the completion of the Pre-Visit Checklist and Service Request Form prior to scheduling the visit. If there are delays, cancellations, or failures by Buyer to meet service personnel at designated times, then fees will be assessed to the customer at Seller's then-applicable per hour rate for each hour of delay for each person. For domestic or international travel, additional fees will apply.
(b) Buyer shall make the premises, where services are to be performed (the 'Premises"), available to Seller at all reasonable times as Seller may request, such that Seller shall be able to perform the services in a timely manner. Buyer shall bear all risk and liability associated with its inability to make the Premises available to Seller to perform the services. Prior to the commencement of services, Buyer shall ensure that the Premises are in good repair and in safe condition, and shall notify Seller of any dangerous, unsafe or hazardous conditions associated with the Premises, such that Seller can take the appropriate safeguards. Prior to the commencement of any work, Buyer shall notify Seller of any special workplace requirements, safety standards, operating procedures or other conditions imposed on persons performing work at the Premises.
(c) Any spent activated carbon covered by this Agreement will be subjected to reactivation acceptance testing by Seller as described in Seller's Guidelines for Return for Reactivation of Granular Activated Carbon, which Seller may update from time to time in its sole discretion. Buyer will provide any information required by Seller relative to evaluating carbon acceptance.

Seller reserves the right to reject any and all activated carbon if, in its judgment, it is unsuitable for reactivation. Further, Seller will periodically retest the spent activated carbon to assure it remains acceptable for reactivation and that it does not contain constituents that were not in the carbon acceptance sample and/or Adsorbate Profile Document. Seller reserves the right to apply a surcharge for reactivation of spent carbon with quality that creates excessive corrosion, slagging, exothermic reactions, or other operational problems including lower furnace operating rates. If the spent activated carbon becomes unacceptable for reactivation, disposal of the carbon will be the responsibility of Buyer. Seller reserves the right to reactivate the spent carbon at any of its reactivation facilities where carbon acceptance exists.
9) PERMITS, LICENSES AND FEES: Buyer shall be responsible, at its sole expense, for all environmental permits, applications, regulatory approvals, and other permits or licenses that may be required for installation and/or operation of the Products.
10) Termination: Seller may cancel this Agreement if any of the following occurs: (a) Buyer becomes insolvent; (b) Buyer ceases to conduct its operations in the normal course of business; (c) Buyer is unable to meet its obligations as they mature, or admit in writing such inability or fails to provide adequate assurances of its ability to perform its obligations hereunder; (d) Buyer files a voluntary petition in bankruptcy; (e) Buyer suffers the filing of an involuntary petition in bankruptcy and the same is not dismissed within thirty (30) days after filing; (f) a receiver, custodian or trustee is appointed for Buyer or for a substantial part of its property; (g) Buyer fails to make payment on the terms and within the time specified in this Agreement, or breaches any other obligations under this Agreement; or (h) Buyer executes an assignment for the benefit of its creditors. In the event of such cancellation, Seller shall have all rights and remedies set forth in the Uniform Commercial Code of any applicable jurisdiction and all other remedies available at law or in equity. Sections 2, 10, 11, 12, 14, 15, 16, 18, 19 and 20 shall survive termination or expiration of this Agreement. 11) LIMITED WARRANTIES:
(a) Unless otherwise specifically provided for in the Documentation, Seller warrants that all Products provided under this Agreement shall, at the time of delivery, conform to Seller's then-applicable specifications for such Products. Seller shall correct (by replacement of Goods or reperformance of services) any failure to conform to the foregoing warranty of which it is notified in writing within ninety (90) days from delivery. Any Goods removed in connection with such replacement may be reactivated or disposed of at Seller's sole discretion. (b) THE OBLIGATIONS CREATED BY THIS WARRANTY TO REPAIR

OR REPLACE DEFECTIVE GOODS OR TO PROVIDE CORRECTIVE

SERVICES SHALL BE THE SOLE REMEDY OF BUYER IN THE
EVENT OF DEFECTIVE GOODS OR SERVICES. THERE ARE NO

WARRANTIES MADE WITH REGARD TO THE PRODUCTS OTHER
THAN THOSE CONTAINED IN THIS SECTION. ALL OTHER

WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY

DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE.
(c) The sale of any Products pursuant to this Agreement does not include any license, express or implied, to practice any intellectual property owned or licensed by any third party. Buyer agrees not to use the Products for any patented use not set forth expressly in this Agreement, absent a separate license from the holder of such patent. Additionally, Buyer agrees not to resell or sublicense the use of Products for any use not expressly granted hereunder. Any warranty obligations do not apply to any specific use of the Products, application of the Products, modification of the Products, or combination of the Products with any product manufactured by any third party. Seller, except as noted herein, does not and will not warrant, indemnify, or in any other way share responsibility for Buyer's use, application, modification, or combination of the Products. 12) LIMITATION OF LIABILITY: Notwithstanding any provision to the contrary herein, except with respect to a breach of the confidentiality obligations set forth in Section 15 hereof, the parties hereto agree that in no event shall either party be liable to the other party for any indirect, special, consequential, incidental or punitive damages, or lost profits, as a result of a breach of any provision of this Agreement or for any other claim of any kind arising out of or relating to this Agreement, whether in contract, in tort or otherwise.

Notwithstanding any provision to the contrary herein, for all losses, damages, liabilities or expenses (including attorney's fees and costs), whether for indemnity or negligence, including errors, omissions or other acts, or willful misconduct, or based in contract, warranty (including any costs and fees for repairing, replacing or re-performing services or curing a breach hereof), or for any other cause of action (individually, a "Claim"; collectively, "Claims"), Seller's liability, including the liability of its insurers, employees, agents, directors, and officers and all other persons for whom Seller is legally responsible, shall not, to the maximum extent permitted by law, exceed in the cumulative aggregate with respect to all Claims arising out of or related to this Agreement, the lesser of (a) the total amount of compensation paid to Seller hereunder, and (b) One Million Dollars ($1,000,000). All Claims of whatsoever nature shall be deemed waived unless made in writing within ninety (90) days of the occurrence giving rise to the Claim. Moreover, any failure of Buyer to notify Seller of unsatisfactory operation or any improper or unauthorized installation, maintenance, use, repair, or adjustment shall relieve Seller of any further responsibilities hereunder. 13) FORCE MAJEURE: Notwithstanding any provision to the contrary herein, Seller shall have no liability to Buyer or its affiliates, and shall have the right to suspend performance (including, without limitation, shipments) hereunder, in the event of war, riot, terrorism, accident, explosion, sabotage, flood, acts of God, fire, court order, strike, labor disturbance, work stoppage, national defense requirements, act of governmental authority, pandemic, epidemic, extraordinary failure of equipment or apparatus, inability to obtain electricity or other type of energy, raw material, labor, equipment or transportation, or other causes beyond Seller's reasonable control. It is understood and agreed that settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of Seller and that nothing in this Agreement shall require the settlement of strikes, lockouts and labor disputes when such course is inadvisable in the sole discretion of Seller. 14) EXPORT CONTROLS: Buyer acknowledges that the Products and related technology are subject to U.S. export control and economic sanctions laws and regulations, which may include the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) and regulations promulgated by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC). Buyer further acknowledges that the re-export of the Products and/or related technology to a third country or retransfer to an unapproved end user may require a license or other authorization from the Government of the United States. Such licenses or other authorizations may impose further restrictions on the re-export or retransfer of the Products and/or related technology. U.S. law also restricts the re-export or retransfer of U.S.-origin goods, technology, or services to countries or persons subject to U.S. sanctions or embargoes. Buyer represents and warrants that it is in compliance with and agrees to comply with all such applicable export control and economic sanctions laws and regulations. It is the sole responsibility of Buyer to apply for and obtain any necessary licenses or other authorizations prior to any re-export or retransfer of the Products and/or related technology. Seller makes no warranty that any such licenses or other authorizations will be granted, and shall have no liability for Buyer's inability to obtain such licenses or other authorization or for any violation by Buyer of any applicable export control and/or economic sanctions laws and regulations. Buyer will indemnify Seller and hold it harmless from any liability resulting from Buyer's violation of this provision or applicable export laws or regulations. Notwithstanding any other provision in this Agreement, Seller shall have the right to terminate this Agreement immediately upon the determination by Seller, in Seller's sole discretion, that Buyer has breached, intends to breach, or insists upon breaching any of the provisions in the above clauses. 15) CONFIDENTIALITY: Other than in the performance of the terms of this Agreement, neither Buyer nor its agents, employees, or subcontractors shall use or disclose to any person or entity any confidential information of Seller (whether written, oral, electronic or other form) that is obtained or otherwise prepared or discovered in connection with this Agreement. Buyer agrees that all pricing, discounts, design drawings and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller, whether or not otherwise identified as such. The obligations under this section continue perpetually and survive the termination or expiration of any underlying agreement between the parties. The provisions of this section relating to use and disclosure shall not apply to any information that: (a) is or becomes generally available to the public other than as a result of a disclosure by Buyer under this Agreement; (b) becomes available to Buyer from a source other than Seller without breach of any obligation of confidentiality; (c) was independently developed by Buyer without violation of Seller's rights and without reference to the confidential information, as evidenced by written records, maintained in the ordinary course of business by Buyer; (d) is used or disclosed with the prior written approval of Seller; (e) is information previously known to Buyer as evidenced by written records maintained by Buyer in the ordinary course of business, and not otherwise subject to any confidentiality restrictions; or (f) Buyer becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoenas, investigative demands or similar process) to disclose. The burden of proof that the information resides within one of the exceptions set forth above shall be on Buyer. If Buyer becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoenas, investigative demands or similar process) to disclose any of the confidential information, Buyer shall provide Seller with prompt written notice so that Seller may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If such protective order or other remedy is not obtained, or if Seller waives compliance with the provisions of this Agreement, Buyer shall furnish only that portion of the confidential information which Buyer is legally required to disclose and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment shall be accorded the confidential information. Buyer shall not undertake any qualitative or quantitative analysis, reverse engineering or replication of any of Seller's products, samples or prototypes without Seller's specific written authorization.
16) SECURITY INTEREST: Buyer hereby grants Seller a security interest in the Goods to secure the payment of the purchase price, and shall not sell, lease, transfer or encumber the Goods and will keep the Goods free from any and all liens and security interests until Seller has been paid in full. Buyer shall execute any and all documents reasonably requested by Seller to protect such security interests. 17) MANAGEMENT OF CHANGE: Seller is constantly striving to improve its products and capabilities and to provide the best product to its customers. Seller may from time to time develop product improvements or alterations with respect to the Products hereunder (the 'Product Improvements"), and Seller may implement such Product Improvements without notice to Buyer so long as the performance of the Products will not be materially diminished, as determined in Seller's sole discretion, and so long as Seller has not separately agreed in writing to provide such notification to Buyer. In the event that Seller has agreed in writing to provide notice of Product Improvements to Buyer (the "Notice"), then Seller shall provide such Notice in accordance with the terms set forth in the separate writing.
18) APPLICABLE LAW AND JURISDICTION: This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to the transaction(s) represented hereby. The parties consent and submit to the exclusive jurisdiction and service of process of any state or federal court located in Allegheny County, Pennsylvania.
19) MISCELLANEOUS:
(a) Neither party may assign this Agreement, including without limitation any of its rights or obligations hereunder, without the express written consent of the other party hereto; provided that Seller may, without Buyer's consent, assign this Agreement, including without limitation any of its rights or obligations hereunder, to any of its parents, subsidiaries or affiliates or to any third party which merges with Seller or acquires all or substantially all of its business and assets or a substantial part of its assets or business relating to the Products. Seller may use subcontractors to fulfill its obligations pursuant to this Agreement. (b) In the event of any legal proceeding between Seller and Buyer relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a trial by jury.
(c) In the event that any one or more provisions (or portions thereof) contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions (or portions thereof) contained herein shall remain in full force and effect, unless the revision materially changes the bargain.
(d) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained in this Agreement shall not constitute a waiver of any other breach or of such provision.
(e) Seller reserves the right to correct clerical, arithmetical, or stenographic errors or omissions in this Agreement, invoices or other documents. (f) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified in this Agreement, or at such other address as either party may from time to time designate in writing to the other. (g) Buyer agrees that it will not use Seller's name(s), logo(s) or mark(s) in any public communication or press release, or for any other marketing or promotional purpose, without Seller's prior written consent. (h) Terms used in this Agreement which are not defined herein and which are defined by the Uniform Commercial Code of the Commonwealth of Pennsylvania shall have the meanings contained therein. 20) ENTIRE AGREEMENT: With respect to the subject matter hereof, this Agreement constitutes the complete and exclusive statement of the contract between Seller and Buyer. No waiver, consent, modification, amendment or change of the terms contained in this Agreement shall be binding unless made in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer (whether in a purchase order or other communication) will not be a waiver or modification of the terms set forth herein.

CITY OF DELANO

STAFF REPORT
December 18, 2023
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Alapisco, Transportation Manager
SUBJECT: Approve the memorandum of understanding between the City of Delano Transportation Department and North Kern South Tulare Hospital District (NKSTHD) to provide Dial-a Ride Services to transport their clients.

Recommendation
Staff recommends that the City Council of the City of Delano to approve the Memorandum of Understanding with the City of Delano Transportation Department and North Kern South Tulare Hospital District (NKSTHD) to provide Dial-A-Ride services to transport their clients.

Discussion
Transit Staff has been working with North Kern South Tulare Hospital District (NKSTHD) to provide DAR transportation to their clients. The City of Delano Transportation (DART) will provide dial-a-ride services to NKSTHD’s patients at NKSTHD’s locations, in accordance with the terms, rules, procedures, and costs referenced in this MOU.

Transit Staff will foster a cooperative and mutually beneficial working relationship between noted agencies for the provision of comprehensive, effective, and coordinated transit services on behalf within the City of Delano and the adjacent unincorporated area of the County.

Budget Impact
There is no budget impact.

Attachments
1 - Memorandum of Understanding

CITY OF DELANO

STAFF REPORT
December 18, 2023
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Approval of Agreement of Purchase & Sale and joint escrow instructions with Mylon W. Marshall, Successor Trustee of the Edwinna P. Marshall Living Trust, dated June 9, 1991, for the 1104 11th Ave. property (APN 038-430-12-00-5 and 038-430-13-00-8), for $282,000.00, and authorization for the city manager to sign the same and any other documents needed to complete this purchase, and to make immaterial edits to the agreement if needed.

Recommendation
Approval of Agreement of Purchase & Sale and joint escrow instructions with Mylon W. Marshall, Successor Trustee of the Edwinna P. Marshall Living Trust, dated June 9, 1991, for the 1104 11th Ave. property (APN 038-430-12-00-5 and 038-430-13-00-8), for $282,000.00.

Discussion
1104 11th Avenue is the only private property on the south side of 11th Avenue from Jefferson to Lexington Streets. The purchase of this property will enable the City of Delano to develop a contiguous campus to include future parking lots and green spaces to accommodate the needs of the New Civic Center and future public uses of the old Methodist Church building.

The future plan for this area includes the closure of Kensington Street to provide a pedestrian friendly access to the Civic Center, with the use of the existing parking lot at the southwest corner of Lexington St. and 11th Ave. and additional parking provided by the development of the subject property.

The house on site was built by E. Curtis Clark, Mayor of Delano in 1925, and as such will be commemorated by a plaque to be installed when the property is developed by the City, as per the agreement.

Budget Impact
The seller provided an appraisal for $369,000.00. The City’s appraisal came in at $195,000.00. The seller has agreed to the sale price of the average of the two appraisals, $282,000.00, and it is recommended that $10,000.00 be added to cover costs associated with the due diligence and escrow fees, bringing the total possible cost to $292,000.00. Account 40-90BN-411 (Methodist Block Project) in the current budget has sufficient funds to cover this expense. Staff is directed by this action to open escrow as per the “Agreement of Purchase and Sale and Joint Escrow Instructions.”
Attachment: Appraisals
Purchase & Sale Agreement

REAL ESTATE APPRAISAL SERVICES NICOLE ATHERTON, MAI RANDALL FRANZ

KERN APPRAISAL COMPANY
5401 Business Park South, Suite 226  Bakersfield, California 93309 (661) 321-0545  Fax (661) 321-0995

APPRAISAL REPORT
TO Roman Dowling

CITY OF DELANO
1015 Eleventh Avenue
Delano, California 93215
SUBJECT Single Family Residence with Accessory Unit
1104 11th Avenue
Delano, California 93215
Vacant Multifamily Land
Kensington Street
Delano, California 93215
FROM Kern Appraisal Company
5401 Business Park South, Suite 226
Bakersfield, CA 93309
REFERENCE Engagement Letter signed September 20, 2023
Our File Number 3810
DATE OF REPORT October 16, 2023
DATE OF VALUE September 26, 2023
MARKET VALUES 1104 11th Avenue $130,000
Kensington Street $ 65,000
The market value “as is” is based upon the extraordinary assumption that the estimated costs to cure the deferred maintenance are correct. If the extraordinary assumption is found to be false, the analysis and market value could be impacted.

At the request of the client, I have determined and performed the scope of work necessary to develop credible assignment results. The sales comparison is the necessary approach for the intended use to aid the client in negotiation of the purchase of the real estate. A brief summary report with a fully developed sales comparison approach is presented.

This Appraisal Report is intended to comply with the reporting requirements of Standards Rule 2-2(a) of the Uniform Standards of Professional Practice (USPAP), and therefore contains a summary presentation of the data, reasoning, and analyses used in the valuation process to develop the appraiser’s value conclusion. Additional information, pertaining to the appraiser’s analyses and conclusions, is contained in the appraisal file. It is intended that the use of and reliance upon this Appraisal Report is limited to the client, CITY OF DELANO.
2 PURPOSE OF THE ASSIGNMENT
The purpose of the appraisal is to form an opinion of market value of the real property, subject to assumptions and limiting conditions shown in this report, as of the date of value of this appraisal.

MARKET VALUE DEFINITION
Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

1. Buyer and seller are typically motivated;

2. Both parties are well informed or well advised, and acting in what they consider their own best interest;

3. A reasonable time is allowed for exposure in the open market;

4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and,

5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

Source: OCC, 12 CFR, Part 34, Subpart C - Appraisals, 34.42 Definitions [g].

The estimated exposure time to achieve the above value conclusion is three months.

Appraisal Premise
An appraisal of the "as is" condition will estimate the defined value of a property while precisely reflecting its actual physical, legal, economic, and political status on the effective date of valuation.

When an "as is" appraisal premise is used, it means that the property is valued based on its precise condition or status as of the effective date of value. This condition must be accurately described in the appraisal report.

Extraordinary Assumption
The market value “as is” is based upon the extraordinary assumption that the estimated costs to cure the deferred maintenance are correct. If the extraordinary assumption is found to be false, the analysis and market value could be impacted.

Exposure Time
Considering current market conditions and exposure time for similar type residential land properties, a six-month exposure time was estimated.

PROPERTY RIGHTS APPRAISED
Property rights valued are those of the fee simple interest.

INTENDED USE OF THE APPRAISAL
The intended use is to develop an opinion of market value to assist the client and intended user, CITY OF DELANO, in the negotiation of the purchase of the real estate. 3 SCOPE OF WORK
This is an appraisal report that in my opinion has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the professional standards and ethics of the Appraisal Institute. The appraisal assignment was not based on a specific valuation or any action or event resulting from the analyses.

Through communication with the client, and with an understanding of the assignment conditions, I have determined the appropriate scope of work for this appraisal report. All applicable approaches to value were considered. Sales comparison is the only applicable approach for vacant land, which is the highest and best use for both subject properties. The income and cost approaches are not applicable, therefore were not performed.

The scope of the assignment included: (1) an inspection of the subject property and its market area; (2) research and investigation of current market conditions relative to the property type being appraised as well as the market segment within which the subject is identified; (3) interviews with brokers, appraisers, property owners and managers, as well as relevant public agencies or governing bodies; and (4) collection, verification, and analysis of market data and other pertinent information necessary to the valuation process.

IDENTIFICATION OF PROPERTY
Two properties are the subject of this report. The first subject location is 1104 11th Avenue in Delano, California. The property is described as assessor's parcel number: 038-430-13.

The second subject location is on Kensington Street in Delano, California. The property is described as assessor's parcel number: 038-430-12.

Legal descriptions were not provided for either property. The census tract number is 0050.05 for both properties.

OWNERSHIP HISTORY (3 Years)
According to public records and information provided to the appraiser, the current owner is Edwina P Marshall. There has been no transfer of ownership in the last three years. As of the date of inspection the property had not yet been marketed; however, the owners have a real estate agent, Sara S. Burnette with Century 21, who is preparing to market both properties for a total asking price of $330,000.

ASSESSED VALUE AND TAXES
The property is assessed by the Kern County Assessor’s office and is identified as Assessor's Parcel Numbers: 038-430-12 and 038-430-13. The 2023-2024 assessed value, taxes, and special assessments are as follows:
4 The estimates were provided by the Kern County Treasurer/Tax Collector. No delinquent taxes are outstanding against the property. There are secured escape bills in the amount of $17.27 for APN 038- 430-12 and for $1,529.50 for APN 038-430-13. There are also secured supplemental bills in the amount of $17.09 for APN 038-430-12 and $265.74 and $1,513.98 for APN 038-430-13. These appear to be for undeliverable bills in 2023.

CITY ANALYSIS
Location and Accessibility
The subject property is located in the city of Delano, California. Delano is in Kern County, which lies at the southern end of the San Joaquin Valley. Delano is 144 miles north of Los Angeles, 30 miles north of Bakersfield and 75 miles south of Fresno. Access to the area is good and is provided by State Highway 99, a major north-south traffic route, which bisects the San Joaquin Valley. State Highway 99 connects the northern California cities of Sacramento and Stockton with central and southern California and is considered a major truck route for the distribution of agricultural products throughout the state.

Economic Base
Delano is located in the north central portion of the county and is surrounded by farm ground. It is the second largest city in the county with its economy largely dependent upon agriculture, resulting in a high unemployment rate due to the seasonal nature of the work. The predominant plantings in the area are vineyards. The region ships hundreds of millions of dollars’ worth of commodities throughout the United States and to over 80 foreign countries. Due to the stress on the local economy by the downturn in the agricultural markets in the late 1980's and early 1990's, the City of Delano stepped up their efforts to diversify their economic base.

The North Kern State Prison, a 2,892-bed facility, was constructed in 1993 with 1,550 staff and annual operating budget of $170 million. Delano was selected for construction of a second prison adjacent to the first prison which was completed in 2005. Kern Valley State Prison, a 2,448-bed facility, has a staff of 1,620 and annual operating budget of $125 million.

A 1.25 million square foot warehouse for Sears was constructed in 1992 and subsequently expanded in size. Wonderful Citrus, the largest grower, shipper and marketer of fresh citrus in the United States, built a 450,000 square foot packing facility. It is a multipurpose orange and lemon packinghouse that also includes company headquarters and sales department.

ASSESSED VALUE 038-430-12 038-430-13
LAND $11,444.00 $30,171.00
IMPROVEMENTS $0.00 $182,070.00
PERSONAL PROPERTY $0.00 $0.00
OTHER $0.00 $0.00
TOTAL $11,444.00 $212,241.00

TAXES & SPECIAL ASSESSMENTS
TOTAL TAX RATE 1.108042% 1.108042%
TOTAL TAXES $126.80 $2,351.71

SPECIAL ASSESSMENTS
*KCSWMP LAND USE $0.00 $340.92
TOTAL SPECIAL ASSESSMENTS $0.00 $340.92
TOTAL TAXES & SPECIAL ASSESSMENTS $126.80 $2,692.63
5 Wonderful Citrus added a 640,000 square foot citrus packinghouse in 2012 for mandarins. This is the largest citrus packinghouse in the world. The new facility created 500 jobs in Delano.

The City of Delano Enterprise Zone was first established in 1991. On October 14, 2009, they received approval retroactive to December 2006 for expansion of the zone that now includes all businesses within the city limits and some county unincorporated areas. Enterprise Zones have been replaced with Opportunity Zones which are similar as a geographically designated, economically depressed area in which businesses can receive several substantial state tax breaks and other benefits. These benefits include sales or use tax credits and hiring tax credits. Delano has two industrial parks with ample vacant sites available.

Population
The 2010 and 2020 federal census population statistics and 2023 projected estimates for Delano are compared to Kern County and the state.
2010 Census 2020 Census 2023 Estimate
Delano 53,041 51,428 50,843
Kern County 839,631 909,244 946,722
State of California 37,253,956 39,538,245 41,456,909
* STDB Online: U.S. Census Bureau
The total local prison population (two state prisons and one city owned correctional facility) of approximately 9,000 inmates is included in the Delano population. High unemployment has been a limiting factor to growth in Delano. The county has consistently grown faster than the state. Growth has reversed in 2020 with a 3% reduction in population and it is expected to continue to decline.

Income Level
Household income is defined as the total gross income derived from all persons living in a single dwelling. A household income may be comprised of one or more families. It is directly related with employment availability and employment based industries in the area. Due to the characteristics of agriculture, a large percentage of the employment is not year round. In 2022 the estimated median household income was $58,824 for Kern County, $69,014 for Bakersfield and $48,344 for Delano.

Because Delano is a farming community, a large percentage of the employment is not year round. As a result, Delano's median household income is far below that of Bakersfield and Kern County.

Delano Commercial Market
The rate of retail sales growth in Delano significantly increased for several years due to new retail development including the Delano Marketplace shopping center which opened in 2013 through 2014.

Historically, commercial development in Delano surrounded Main Street in the downtown area, and along Cecil Avenue, which connects to Highway 99. Medical office space is near the Delano Regional Medical Center (hospital) on Garces Highway in the southeast section of town. City and regional county offices are situated downtown. The downtown area developed in the 1940’s to 1960’s with some in-fill or redevelopment of newer commercial buildings. Off-street parking is an issue with older downtown commercial buildings. Development near the hospital has occurred over the last 20 years.
6 Commercial properties are typically single-story and under 10,000 square feet. New construction in recent years has mostly been build-to-suit or owner user. I am not aware of a market vacancy survey for the Delano area. The City historically had been focusing on a 16 block revitalization project between 8th & 11th Streets and Highway 99 and High Street. A Delano Downtown Improvement District Feasibility Study included a retail market analysis dated March 2005. The study estimated leakage of $16,600,000/year in retail sales from Delano to other communities that provide more comprehensive shopping choices. The report further concludes that an additional $176,000,000 in retail sales could be captured from the region, for a total of $192,000,000 in additional retail sales.

The Delano trade area extends a radius of 15 to 20 miles to include several surrounding small communities and serves a population of 125,000 to 150,000.

The Home Depot built a new store in the northwest quadrant of Highway 99 and Woollomes Avenue in 2004. Across the street, new development includes a 45-acre site south of Woollomes with a supercenter Wal-Mart that opened in the Fall of 2013 as anchor of the Delano Marketplace shopping center. Several pad restaurants, junior anchor stores, and multi-tenant shop buildings have also opened in the shopping center. One block west, Maya Cinemas opened a multi-screen theater in 2019 and Aldi opened a grocery store in 2019. Recently a new car wash is under construction as well as new residential development nearby. This new development has shifted the center of retail activity to the south end of the city and is a solution to most of the retail sales leakage in the trade area.

Conclusion
The trend for Delano is stable. Expansion of the economic base has diversified Delano’s economy but the unemployment rate remains high. Housing and services received the greatest benefit.

Industrial property values were less affected.

7 1104 11TH AVENUE, DELANO

PROPERTY SUMMARY
Site: The site has a corner orientation on 11th Avenue at Kensington Street in Delano. Both 11th Avenue and Kensington Street are two-lane roadways. 11th Avenue is a main thoroughfare with moderate traffic near the subject site and Kensington Street is a local roadway with light traffic.

Surrounding uses include residential and schools/religious facilities and uses along 11th Avenue to the east of the subject with more municipal and commercial uses to the west. Kensington Street has residential uses with some scattered commercial uses to the north of the subject.

According to the Kern County Assessor’s Office the subject property is 16,250 square feet or 0.37 acres. The site is rectangle shaped and fronts approximately 130 feet along the south line of 11th Avenue and 125 feet along the east line of Kensington Street. Access is provided by a driveway on 11th Avenue. There is a 20-foot wide alley that runs along the east property line. Topography is generally level at street grade.

According to the Federal Emergency Management Agency's flood insurance rate map communitypanel number 060078 – 06029C0225E dated September 26, 2008, the subject property is situated in zone X. Zone X is defined as being within the 500-year flood limits and is not considered a flood hazard zone.

Upon visual inspection, it did not appear that there were any hazardous materials in or around the subject. I, however, am not qualified to detect such substances or materials. Any comment that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. An environmental assessment report was not provided to the appraiser.

The routine inspection of the subject disclosed no unusual conditions affecting the land. However, the presence of substances or other potentially hazardous materials may affect the value of the property.

The value opinion is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is accepted for any environmental conditions, or for any expertise or engineering knowledge required to discover them, as I am not an expert in this field. Descriptions and resulting comments are the result of the routine observations made during the appraisal process.

The subject is not located in an Alquist-Priolo seismic special studies zone. Based upon surrounding land uses, it appears the soil is suitable for development.

The site is serviced by all public utilities including gas, electricity, water, sewer, and storm drainage.

Off-site improvements include asphalt paved street, concrete curbing and gutters, and street lights.

A preliminary report was not provided. Existing public utility easements do not have an adverse effect on value. No adverse easements, encroachments, or other surface restrictions were observed.

According to the City of Delano Planning Department, the zoning is R-2, Light Multiple-Family Residential District. The City of Delano development code describes the purpose of the Light Multiple-Family Residential (R-2) District is to provide for “residential development including small lot single and multiple family detached and attached residential uses at a maximum allowable density 8 of fourteen (14) dwelling units per net acre.”
Improvements: The site is improved with a single-story, single-family residence with detached twocar garage, and detached guest studio unit or ancillary living quarters. Construction is class “D” wood frame and wood panel exterior with single-pane windows, on a wood sub-floor over a concrete block perimeter foundation. The roof cover is composition shingle. The quality of construction is rated average.

The single-family residence measures 2,210 square feet. Interior areas include a kitchen, breakfast nook, two living areas, dining room, four bedrooms, one full bathroom, one ¾ bathroom, and utility room. Finishes are typical and include carpet, wood, or vinyl flooring; painted plaster partitions; painted wood trim; and attached lighting.

The detached garage measures 520 square feet and has unfinished walls and concrete floors. The detached studio unit measures 260 square feet and includes one room, kitchen, and bathroom. The interior was only able to be inspected from the doorway due to the condition of the improvements and the finishes appeared to be similar to the single-family residence.

The improvements were constructed in 1912 and 1935 and are in poor condition. Deferred maintenance was noted throughout the exterior and interior of all three structures which included chipped/peeling paint and areas of wood rot on all exteriors; damage to the electrical system which was non-operable for half of the single-family residence and the guest unit; plumbing is in need of replacement and it appeared sinks/baths/toilets had been inoperable for a significant time period; all interior finishes are in poor condition and in need of replacement/repair including flooring, demising walls, trim, and ceilings; significant damage/cracking was noted in doorways, walkways, and windows indicating structural damage/deficiencies; there is a significant roof leak and water damage in the front bedroom indicating the roof is in need of replacement; and as previously mentioned the detached guest unit could not be inspected on the interior due to poor condition which included a tree growing through the side of the exterior to the interior (see subject property photos).

Utilizing the Marshall Valuation Cost Service, the estimated cost to cure including all repairs/renovations to all three structures is $418,000. The cost of demolition/debris removal is estimated at an additional $16,000 for all three structures. It should be noted that the cost to renovate the current improvements is slightly more than the cost to construct new improvements of the same size/type, which is estimated at $407,000. However, I am not a contractor and an expert in the field of construction should be consulted if desired. The effective age “as is” is estimated to be 80 years with the remaining economic life at 0 years. Functional utility is considered average.

HIGHEST & BEST USE
As Vacant – The subject is zoned for multifamily residential use. Physical characteristics and services availability are consistent with this use. Considering the subject’s location and surrounding uses, financial feasibility and maximum productivity are achieved with development of a multifamily residential property. Development on a speculative basis could result in a long marketing period, reducing profitability. If a build-to-suit tenant or owner occupant is not found, holding the site vacant in speculation of future development is the prudent course of action.

As Improved - As previously discussed in the improvement analysis, the site is improved with a single-family residence, detached garage, and detached guest unit. The improvements represent a legal, conforming use. Public services, soil conditions, shape, and topography are suitable for the 9 existing improvements. The improvements are of average quality but are in poor condition with significant deferred maintenance which is not financially feasible to cure. The cost to renovate the current improvements exceeds the cost new of the same size improvements. As the improvements suffer from significant depreciation, they do not add value to the land. In my opinion, the highest and best use as improved is to demolish the existing improvements for redevelopment to a multifamily use. The typical buyer would be a local developer/investor.

SALES COMPARISON APPROACH
My investigation uncovered five closed sales and one listing considered similar to the subject.

Physical inspections were made, and the sale prices were verified. The units of comparison used in this appraisal are price per square foot. Specific information on the comparable sales is provided in the adjustment grid below and plat maps are in the addendum. The adjustment grid below is followed by a discussion of the adjustments, resulting in an indication of value.

LAND SALES MARKET DATA GRID
The sales utilized are considered the most comparable available. Although similar, there are characteristics which differ from the subject and cause the prices paid to vary. These differences are adjusted to reflect the variance in sales price. The adjustments are discussed as follows.

Financing (Terms of Sale) - All the comparable sales were sold for cash or involve terms equivalent to cash. No adjustments are required.

Conditions of Sale - No adjustments are required for the closed sales. Sale 6 is a listing that was adjusted to account for buyer negotiations.

Subject Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6
1104 11th
Avenue
1526 D
Street
114
Fillmore
Street
20th Ave @
Dover St
325
Glenwood
Street
Dover
Place
959 E
Street
Delano Wasco Taft Delano Delano Delano Wasco
APN 038-430-13 030-482-05 199-254-04 411-020-11 422-071-05 037-382-04, 05, & 06 030-391-11
Recording Date N/A Aug-23 Jun-23 Jun-23 Jul-21 Apr-21 Listing Document # N/A 102270 75458 69664 141836 60462 N/A
Sale Price N/A $65,000 $40,000 $140,000 $68,000 $140,000 $49,000 Net Site Size (AC) 0.37 0.24 0.16 0.21 0.18 0.43 0.17
Net Site Size (SF) 16,250 10,350 7,000 9,004 7,631 18,750 7,500 Zoning R-2 R-2 R-2 R-2 R-3 R-3 R-2
Utilities Nearby E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S Terms of Sale N/A Cash Cash Cash Cash Cash Cash
Price Per SF N/A $6.28 $5.71 $15.55 $8.91 $7.47 $6.53
Financing - 0.00 0.00 0.00 0.00 0.00 0.00
Conditions of Sale - 0.00 0.00 0.00 0.00 0.00 -0.65
Market Conditions Adj Sep-23 0.00 0.00 0.00 0.00 0.00 0.00 Adjusted Price - $6.28 $5.71 $15.55 $8.91 $7.47 $5.88
Site Size (SF) 0.37 0.00 -0.29 0.00 -0.45 0.00 -0.29
Improvements SFR+ -1.55 -2.29 -1.78 -2.10 -0.85 -2.13
Zoning R-2 0.00 0.00 0.00 -0.45 -0.37 0.00
Location Delano 0.00 1.71 0.00 0.00 0.00 0.00
Net Adjustment/SF - -1.55 -0.86 -1.78 -2.99 -1.23 -2.43 Indicated Value/SF - $4.73 $4.86 $13.77 $5.92 $6.24 $3.45 Location
Adjustments
10 Market Conditions (Time of Sale) - As discussed in the market overview section, market activity and conditions for real estate were stable in 2021 through the end of 2022. Market activity has slowed in 2023; however, the lack of closed sale data make it unreliable to adjust based on pared sales analysis. Therefore, the change in market conditions is considered in the reconciliation.

Site Size - Parcels with more square footage tend to sell for less on a per acre basis than smaller parcels. An explanation for this is that there are more buyers that can afford smaller properties and therefore more demand which increases the unit price. Sales 2, 4, and 6 are significantly smaller than the subject and are adjusted downward accordingly.

Improvements – The subject property has a single-family residence, detached garage, and guest unit. All structures have incurable deferred maintenance, and the cost of demolition is estimated to be $16,000 utilizing Marshall Valuation Cost Service. None of the comparable sales have improvements. All sales are reduced by $16,000 on a per square foot basis.

Zoning - The subject is zoned R-2, Light Multiple-Family Residential which allows for a maximum allowable density of 14 dwelling units per net acre Sales 4 and 5 are zoned R-3 which is also Multiple-Family Residential, but the maximum allowable density is higher at 24 dwelling units per net acre. These sales are adjusted downward.

Location – All sales, with the exception of Sale 2, are located in Wasco or Delano which are considered similar. Sale 2 is located in Taft which is an outlying Kern County community that is inferior in terms of location to Delano. Sale 2 is adjusted upward.

Reconciliation - The sales indicate a range after adjustments of $3.45 to $13.77 per square foot. Sale 3 is the most recent closed sale in Delano and is similar to the subject. This sale is significantly higher than all other comparable sales, including closed Sales 4 and 5 which are also in Delano and sold during superior market conditions. However, the listing agent verified all sale information and the transaction meets the definition of market value. Sale 3 is given the most consideration. Sale 2 is significantly inferior in location and required the highest gross adjustments. Sales 4 and 5 are dated, but useful in determining market value. Sale 6 is a current listing. Sales 2, 4, 5, and 6 are given generally equal consideration. Sale 1 is the most recent transaction, with minimal adjustment and is given less weight than Sale 3 but slightly more weight than the other comparable sales.

Considering all factors, the subject is assigned a unit value of $8.00 per square foot which indicates an overall value as follows:
16,250 Square Feet x $8.00/Square Foot = $130,000
Indicated Value by the Sales Comparison Approach $130,000 As a result of my investigation and analyses presented in this report, it is my opinion that the market value “as is”, fee simple as of September 26, 2023, subject to the assumptions and limiting conditions set forth in the addendum of this report, is the sum of:

ONE HUNDRED SEVENTY THOUSAND DOLLARS
$130,000
The market value “as is” is based upon the extraordinary assumption that the estimated costs to cure the deferred maintenance are correct.
11 KENSINGTON STREET (APN 038-430-12), DELANO

PROPERTY SUMMARY
Site: The site has an interior on Kensington Street in Delano. Kensington Street is a two-lane local roadway with light traffic. Surrounding uses include residential uses with some scattered commercial uses to the north of the subject.

According to the Kern County Assessor’s Office the subject property is 6,500 square feet or 0.15 acres. The site is rectangle shaped and fronts 50 feet along the east line of Kensington Street. There is a 20-foot wide alley that runs along the east property line. Topography is generally level at street grade.

According to the Federal Emergency Management Agency's flood insurance rate map communitypanel number 060078 – 06029C0225E dated September 26, 2008, the subject property is situated in zone X. Zone X is defined as being within the 500-year flood limits and is not considered a flood hazard zone.

Upon visual inspection, it did not appear that there were any hazardous materials in or around the subject. I, however, am not qualified to detect such substances or materials. Any comment that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. An environmental assessment report was not provided to the appraiser.

The routine inspection of the subject disclosed no unusual conditions affecting the land. However, the presence of substances or other potentially hazardous materials may affect the value of the property.

The value opinion is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is accepted for any environmental conditions, or for any expertise or engineering knowledge required to discover them, as I am not an expert in this field. Descriptions and resulting comments are the result of the routine observations made during the appraisal process.

The subject is not located in an Alquist-Priolo seismic special studies zone. Based upon surrounding land uses, it appears the soil is suitable for development.

The site is serviced by all public utilities including gas, electricity, water, sewer, and storm drainage.

Off-site improvements include asphalt paved street, concrete curbing and gutters, and street lights.

A preliminary report was not provided. Existing public utility easements do not have an adverse effect on value. No adverse easements, encroachments, or other surface restrictions were observed.

According to the City of Delano Planning Department, the zoning is R-2, Light Multiple-Family Residential District. The City of Delano development code describes the purpose of the Light Multiple-Family Residential (R-2) District to provide for “residential development including small lot single and multiple family detached and attached residential uses at a maximum allowable density of fourteen (14) dwelling units per net acre.”

HIGHEST & BEST USE
As Vacant – The subject is zoned for multifamily residential use. Physical characteristics and services 12 availability are consistent with this use. Considering the subject’s location and surrounding uses, financial feasibility and maximum productivity are achieved with development of a multifamily residential property. Development on a speculative basis could result in a long marketing period, reducing profitability. If a build-to-suit tenant or owner occupant is not found, holding the site vacant in speculation of future development is the prudent course of action.

SALES COMPARISON APPROACH
My investigation uncovered five closed sales and one listing considered similar to the subject.

Physical inspections were made, and the sale prices were verified. The units of comparison used in this appraisal are price per square foot. Specific information on the comparable sales is provided in the adjustment grid below and plat maps are in the addendum. The adjustment grid below is followed by a discussion of the adjustments, resulting in an indication of value.

LAND SALES MARKET DATA GRID
The sales utilized are considered the most comparable available. Although similar, there are characteristics which differ from the subject and cause the prices paid to vary. These differences are adjusted to reflect the variance in sales price. The adjustments are discussed as follows.

Financing (Terms of Sale) - All the comparable sales were sold for cash or involve terms equivalent to cash. No adjustments are required.

Conditions of Sale - No adjustments are required for the closed sales. Sale 6 is a listing that was adjusted to account for buyer negotiations.

Market Conditions (Time of Sale) - As discussed in the market overview section, market activity and conditions for real estate were stable in 2021 through the end of 2022. Market activity has slowed Subject Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6
Kensington
Street
1526 D
Street
114
Fillmore
Street
20th Ave @
Dover St
325
Glenwood
Street
Dover
Place
959 E
Street
Delano Wasco Taft Delano Delano Delano Wasco
APN 038-430-12 030-482-05 199-254-04 411-020-11 422-071-05 037-382-04, 05, & 06 030-391-11
Recording Date N/A Aug-23 Jun-23 Jun-23 Jul-21 Apr-21 Listing Document # N/A 102270 75458 69664 141836 60462 N/A
Sale Price N/A $65,000 $40,000 $140,000 $68,000 $140,000 $49,000 Net Site Size (AC) 0.15 0.24 0.16 0.21 0.18 0.43 0.17
Net Site Size (SF) 6,500 10,350 7,000 9,004 7,631 18,750 7,500 Zoning R-2 R-2 R-2 R-2 R-3 R-3 R-2
Utilities Nearby E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S E,G,W,S Terms of Sale N/A Cash Cash Cash Cash Cash Cash
Price Per SF N/A $6.28 $5.71 $15.55 $8.91 $7.47 $6.53
Financing - 0.00 0.00 0.00 0.00 0.00 0.00
Conditions of Sale - 0.00 0.00 0.00 0.00 0.00 -0.65
Market Conditions Adj Sep-23 0.00 0.00 0.00 0.00 0.00 0.00 Adjusted Price - $6.28 $5.71 $15.55 $8.91 $7.47 $5.88
Site Size (SF) 0.15 0.00 0.00 0.00 0.00 0.75 0.00
Zoning R-2 0.00 0.00 0.00 -0.45 -0.37 0.00
Location Delano 0.00 1.71 0.00 0.00 0.00 0.00
Net Adjustment/SF - 0.00 1.71 0.00 -0.45 0.37 0.00
Indicated Value/SF - $6.28 $7.43 $15.55 $8.47 $7.84 $5.88 Location
Adjustments
13 in 2023; however, the lack of closed sale data make it unreliable to adjust based on pared sales analysis. Therefore, the change in market conditions is considered in the reconciliation.

Site Size - Parcels with more square footage tend to sell for less on a per acre basis than smaller parcels. An explanation for this is that there are more buyers that can afford smaller properties and therefore more demand which increases the unit price. Sale 5 is significantly larger than the subject and is adjusted upward accordingly.

Zoning - The subject is zoned R-2, Light Multiple-Family Residential which allows for a maximum allowable density of 14 dwelling units per net acre Sales 4 and 5 are zoned R-3 which is also Multiple-Family Residential, but the maximum allowable density is higher at 24 dwelling units per net acre. These sales are adjusted downward.

Location – All sales, with the exception of Sale 2, are located in Wasco or Delano which are considered similar. Sale 2 is located in Taft which is an outlying Kern County community that is inferior in terms of location to Delano. Sale 2 is adjusted upward.

Reconciliation - The sales indicate a range after adjustments of $5.88 to $15.55 per square foot. Sale 3 is the most recent closed sale in Delano and is similar to the subject. This sale is significantly higher than all other comparable sales, including closed Sales 4 and 5 which are also in Delano and sold during superior market conditions. However, the listing agent verified all sale information and the transaction meets the definition of market value. Sale 3 is given the most consideration. Sale 2 is significantly inferior in location and required the highest gross adjustments. Sales 4 and 5 are dated, but useful in determining market value. Sale 6 is a current listing. Sales 2, 4, 5, and 6 are given generally equal consideration. Sale 1 is the most recent transaction, with minimal adjustment and is given less weight than Sale 3 but slightly more weight than the other comparable sales.

Considering all factors, the subject is assigned a unit value of $10.00 per square foot which indicates an overall value as follows:
6,500 Square Feet x $10.00/Square Foot = $65,000
Indicated Value by the Sales Comparison Approach $65,000 As a result of my investigation and analyses presented in this report, it is my opinion that the market value “as is”, fee simple as of September 26, 2023, subject to the assumptions and limiting conditions set forth in the addendum of this report, is the sum of:

SIXTY-FIVE THOUSAND DOLLARS
$65,000

14 ASSUMPTIONS AND LIMITING CONDITIONS
Standards Rule ("S.R.") 2-1(c) of the "Standards of Professional Appraisal Practice of the Appraisal Foundation" requires the appraiser to "clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting condition used in the assignment.” In interpreting this report, such assumptions and limiting conditions are set forth as follows:

Extraordinary Assumptions

1. The market value “as is” is based upon the extraordinary assumption that the estimated costs to cure the deferred maintenance are correct. If the extraordinary assumption is found to be false, the analysis and market value could be impacted.

Hypothetical Conditions

1. None
General Assumptions and Limiting Conditions

1. The conclusions and opinions expressed in this report apply to the date of value set forth in the letter of transmittal accompanying this report. The dollar amount of any value opinion or conclusion rendered or expressed in this report is based upon the purchasing power of the American dollar existing on the date of value.

2. The appraiser assumes no responsibility for economic, physical or demographic factors which may affect or alter the opinions in this report if said economic, physical or demographic factors were not present as of the date of the letter of transmittal accompanying this report. The appraiser is not obligated to predict future political, economic or social trends.

3. In preparing this report, the appraiser was required to rely on information furnished by other individuals or found in previously existing records and/or documents. Unless otherwise indicated, such information is presumed to be reliable.

However, no warranty, either express or implied, is given by the appraiser for the accuracy of such information and the appraiser assumes no responsibility for information relied upon later found to have been inaccurate. The appraiser reserves the right to make such adjustments to the analyses, opinions and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available.

4. No opinion as to title of the subject property is rendered. Title is assumed to be marketable and free and clear of all liens, encumbrances, easements and restrictions except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use.

5. This appraisal should not be considered a report on the physical items that are a part of this property. Although the appraisal may contain information about the physical items being appraised (including their adequacy and/or condition), it should be clearly understood that this information is only to be used as a general guide for property valuation and not as a complete or detailed physical report. The appraiser is not a construction or engineering expert, and any opinion given on these matters in this report should be considered preliminary in nature.

It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or for arranging any engineering, surveys, soil studies, termite inspections or other special inspections or studies. Since no such tests, studies, or inspections were made, no liability is assumed for matters relating to engineering, architectural, structural, mechanical, or soils conditions which may be required to discover such factors. The structures were not checked for building code violations and it is assumed that all buildings meet the building codes unless so stated in the report.

Because no detailed inspection was made, and because such knowledge goes beyond the scope of this appraisal, any observed condition comments given in this appraisal report should not be taken as a guarantee that a problem does not exist. Specifically, no guarantee is made as to the adequacy or condition of the foundation, roof, exterior walls, interior walls, floors, heating system, air conditioning system, plumbing, electrical service, insulation, soils or sub soils. The presence of radon gas, hazardous waste, asbestos or any toxic and potentially dangerous materials and conditions have not been considered and such conditions may or may not be present. If any interested party is concerned about the existence, condition or adequacy of any particular item or condition, it is strongly suggested that the proper expert be hired for a detailed investigation.
15 6. Unless otherwise stated, the subject property is appraised assuming it to be in full compliance with all applicable zoning and land use regulations and restrictions. The property is appraised assuming that all required licenses, permits, certificates, consents or other legislative and/or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based.

No analysis or survey to determine if the property is in compliance with the Americans with Disabilities Act (ADA) has been provided the appraiser or made by the appraiser. Possible noncompliance with ADA was not considered in estimating the value. No responsibility is assumed for determining whether the property is in conformity with the various detailed requirements of the ADA.

7. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area of the subject property was taken from sources considered reliable and no encroachment of the subject property is considered to exist.

8. No opinion is expressed as to the value of subsurface oil, gas, water or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials, except as is expressly stated.

9. Maps, plats and exhibits included in this report are for illustration only to serve as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced or used apart from the report.

10. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers.

11. Possession of this report, or a copy of it, does not carry with it the right of publication. Without the written consent of the appraiser, this report may not be used for any purpose by any person other than the party to whom it is addressed.

In any event, this report may be used only with proper written qualification and only in its entirety for its stated purpose.

12. The property which is the subject of this appraisal is within a geographic area prone to earthquakes and other seismic disturbances. Except as specifically indicated in the report, no seismic or geologic studies have been provided to the appraiser concerning the geologic and/or seismic condition of the subject property. The appraiser assumes no responsibility for the possible effect on the subject property of seismic activity and/or earthquakes.

13. Testimony or attendance in court or at any other hearing is not required by reason of rendering this appraisal, unless such arrangements are made a reasonable time in advance of said hearing. Further, unless otherwise indicated, separate arrangements shall be made concerning compensation for the appraiser's time to prepare for and attend any such hearing.

14. The liability of KERN APPRAISAL COMPANY, its employees, and independent contractors under agreement is limited to the client only and to the fee actually received by the appraiser. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all assumptions and limiting conditions of the assignment and related discussions. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property; physically, financially, and/or legally.
16 CERTIFICATION
I certify that, to the best of my knowledge and belief . . .  The statements of fact contained in this report are true and correct.  Nicole Atherton has made personal inspections of the property that is the subject of this report.  The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
 I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved.  I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
 My engagement in this assignment was not contingent upon developing or reporting predetermined results.
 My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice.
 The use of this report is subject to the requirements of the Appraisal Institute relating to review by their duly authorized representatives.
 As of the date of this report, Nicole Atherton, has completed the requirements under the continuing education program of the Appraisal Institute.  No one provided significant real property appraisal assistance to the person signing this certification.
 I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.

Nicole Atherton, MAI
Certified General #: AG040635
CA Expiration: 07/04/2024

ADDENDA
Area Map
Aerial Photo
Subject Photographs
Plat Map
Comparable Land Sales Map
Comparable Land Sales Plat Maps
Appraiser’s License & Qualifications
Area Map
Aerial View of Subject Property – 1104 11th Avenue
Aerial View of Subject Property – Kensington Street

SUBJECT PHOTOGRAPHS
-1104 11th Avenue - Exterior-
-1104 11th Avenue - Exterior-
-1104 11th Avenue - Exterior-
-1104 11th Avenue - Exterior-
-1104 11th Avenue - Exterior-
-1104 11th Avenue - Exterior-

SUBJECT PHOTOGRAPHS
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-

SUBJECT PHOTOGRAPHS
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Avenue - Interior-
-1104 11th Avenue - Interior-
-1104 11th Ave – Example of Deferred Maintenance-

SUBJECT PHOTOGRAPHS
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Example of Deferred Maintenance-

SUBJECT PHOTOGRAPHS
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Garage Interior/Def Maint-
-1104 11th Ave – Garage Exterior/Def Maint-
-1104 11th Ave – Example of Deferred Maintenance-
-1104 11th Ave – Garage Interior/Def Maint-
-1104 11th Ave – Garage Exterior/Def Maint-

SUBJECT PHOTOGRAPHS
-1104 11th Ave–Guest House Interior/Def Maint-
-1104 11th Ave – Guest House Exterior/Def Maint-
-1104 11th Ave – Exterior-
-1104 11th Ave–Guest House Interior/Def Maint-
-1104 11th Ave – Guest House Exterior/Def Maint-
-1104 11th Ave – Example of Deferred Maintenance -

SUBJECT PHOTOGRAPHS
-Kensington Street Subject Property-
-11th Avenue Facing East-
-Kensington Street Facing North-
- Kensington Street Subject Property-
-11th Avenue Facing West-
-Kensington Street Facing South-
Plat Map
Comparable Land Sales

SUBJECT
SALE 1
SALE 3
SALE 4
SALE 5
SALE 6
SALE 2
TAFT

COMPARABLE LAND SALE PLAT MAPS
Land Sale 1 – 1526 D Street, Wasco (APN 030-482-05)
Land Sale 2 – 114 Fillmore Street, Taft (APN 199-254-04)

COMPARABLE LAND SALE PLAT MAPS
Land Sale 3 – 20th Avenue at Dover Street, Delano (APN 411-020-11) Land Sale 4 – 325 Glenwood Street, Delano (APN 422-071-05)

COMPARABLE LAND SALE PLAT MAPS

Land Sale 5 – Dover Place, Delano (APN 037-382-04, 05, & 06) Land Sale 6 – 959 E Street, Wasco (APN 030-391-11)

Appraisal Qualifications of Nicole Atherton, MAI
Kern Appraisal Company
5401 Business Park South, Suite 226
Bakersfield, CA 93309
(661) 321-0545 Ext 2202 Fax (661) 321-0995
Experience:

Real Estate Appraiser, Kern Appraisal Company
Bakersfield, California. September 2014 to Present
Real Estate Appraiser, Dallis Higdon & Associates
Bakersfield, California. March 2007 to August 2014
State Certification:

State of California Certified General Real Estate Appraiser BREA Appraiser Identification Number AG040635
Professional Affiliations:

Awarded MAI Designation 2016
Appraisal Institute Central California Chapter President 2018, 2019 Appraisal Institute Central California Chapter Vice President 2017 Appraisal Institute Central California Chapter Vice President & Treasurer 2015, 2016 Appraisal Institute Central California Chapter Secretary, Education Chair 2013, 2014 Appraisal Institute Central California Chapter Associate Board Member 2010-12

Education:

Bachelor of Science Degree
Business Administration with concentration in Accounting California State University at Bakersfield, Graduated Magna cum Laude in June 1997 Successful completion of the following real estate courses:

Appraisal Institute:

Appraisal Procedures
General Appraiser Site Valuation and Cost Approach
General Appraiser Sales Comparison Approach
General Appraiser Income Capitalization I
General Appraiser Income Capitalization II
Advanced Income Capitalization
General Appraiser Report Writing Case Studies
Real Estate Finance Statistics and Valuation Modeling
General Appraiser Market Analysis and Highest & Best Use Advanced Concepts and Case Studies
The Appraiser as an Expert Witness: Preparation and Testimony Eminent Domain and Condemnation
The Discounted Cash Flow Model: Concepts, Issues, and Applications Introduction to Green Buildings: Principles and Concepts New Technology for Real Estate Appraisers
Supervisory Appraiser/Trainee Appraiser Course
Business Practices and Ethics (Latest 2022)
7 Hour National USPAP Course (Latest 2022)

Other:

Appraisal Principles
15 Hour National USPAP Course
Laws and Regulations for California Appraisers (Latest 2022) Seminars:

IREM Bakersfield Real Estate Forecast Breakfast (Annual) Bakersfield Multifamily Real Estate Market Update and Forecast Bakersfield Residential Real Estate Market Update and Forecast The Evaluation Crossroads – Evolving Finance & Regulation Litigation Support Outside the Box
The Valuation Analyst
Appraising Federal Property
Shining Light on Dark Box Theories
MAI-Esquire’s on Appraiser Defense
The Uniform Appraisal Dataset, Fannie Mae and Freddie Mac Loss Prevention for Real Estate Appraisers
Federal Laws & Regulations
Appraisal Institute 2018 Annual Conference, Nashville TN Appraisal Institute 2019 Annual Conference, Denver CO
Scope of Experience
Commercial: Shopping centers, professional office buildings, restaurants, banks, retail stores, medical office buildings, mini-markets, automotive and servicerelated retail Industrial: Office warehouses, shops, packing sheds, self-storage facilities, heavy industrial
Residential: Apartments, residences, condominiums, subdivision analysis Special Purpose: Motels, hotels, churches, airplane hangars, private schools Other: Condemnation

Paul Dudley Appraisals
RESIDENTIAL APPRAISAL SUMMARY REPORT 1104 11th Ave.2023 1104 11th Ave Delano CA 93215
Kern City DLANO, Block 89, Lot P
038-430-13-00-8
2023 1,036 0 n/a
Marshall, Edwina P Living Trust
Delano 12540 0050.04
Establish opinion of market value for possible sale.

Mylon Marshall
Mylon Marshall PO Box 2278, Davis, CA 95617
Paul T. Dudley 9530 Hageman Road, Ste B 425, Bakersfield, CA 93312 185
675
300
0 113
63 85
5 5
5 See attached addenda.
125 x 150 18,750 sf
Commercial 2 Residences
If converted to commercial use, this property may yield more investment income than its present use as a single family residence.

Single Family Residence Single Family Residence
Current use conforms with the surrounding neighborhood.

Public Utility
Public Utility
Public Utility
Public Utility
Public Utility
Asphalt
Concrete
Concrete
Electric
Asphalt
Level
Larger Than Typical
Rectangular
Adequate
Residential
X 06029C0225E 09/26/2008
Subject is located on a busy street with businesses across the street. 1 1
Ranch
113
50 Crawl Space
Vinyl Siding
Comp Shingle
None
Wd/DH
Metal
Concrete Perim
Partial
est 100 sf
0 Concrete
Concrete
Concrete
None
Entry Interior Stairs
FWA
Gas
C/Air
Carpet,Vinyl,Wood
Drywall
Wood
Vinyl
Tile
Wood
0 Covered
None
Covered
Chain
None
0 4
2 2
Concrete
8 4 2 2,210
None noted.

See attached addenda.

Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:

SUBJECT
Property Address: City: State: Zip Code:

County: Legal Description:

Assessor's Parcel #:

Tax Year: R.E. Taxes: $ Special Assessments: $ Borrower (if applicable):

Current Owner of Record: Occupant: Owner Tenant Vacant Manufactured Housing Project Type: PUD Condominium Cooperative Other (describe) HOA: $ per year per month Market Area Name: Map Reference: Census Tract:

ASSIGNMENT
The purpose of this appraisal is to develop an opinion of: Market Value (as defined), or other type of value (describe) This report reflects the following value (if not Current, see comments): Current (the Inspection Date is the Effective Date) Retrospective Prospective Approaches developed for this appraisal: Sales Comparison Approach Cost Approach Income Approach (See Reconciliation Comments and Scope of Work) Property Rights Appraised: Fee Simple Leasehold Leased Fee Other (describe) Intended Use:

Intended User(s) (by name or type):

Client: Address:

Appraiser: Address:

MARKET AREA DESCRIPTION
Location: Urban Suburban Rural
Built up: Over 75% 25-75% Under 25%
Growth rate: Rapid Stable Slow
Property values: Increasing Stable Declining
Demand/supply: Shortage In Balance Over Supply
Marketing time: Under 3 Mos. 3-6 Mos. Over 6 Mos.

Predominant
Occupancy
Owner
Tenant
Vacant (0-5%)
Vacant (>5%)
One-Unit Housing
PRICE
$(000)
Low
High
Pred
AGE
(yrs)
Present Land Use
One-Unit %
2-4 Unit %
Multi-Unit %
Comm'l %
%
Change in Land Use
Not Likely
Likely * In Process *
* To:

Market Area Boundaries, Description, and Market Conditions (including support for the above characteristics and trends):

SITE DESCRIPTION
Dimensions: Site Area:

Zoning Classification: Description:

Zoning Compliance: Legal Legal nonconforming (grandfathered) Illegal No zoning Are CC&Rs applicable? Yes No Unknown Have the documents been reviewed? Yes No Ground Rent (if applicable) $ / Highest & Best Use as improved: Present use, or Other use (explain) Actual Use as of Effective Date: Use as appraised in this report:

Summary of Highest & Best Use:

Utilities Public Other Provider/Description Off-site Improvements Type Public Private Electricity
Gas
Water
Sanitary Sewer
Storm Sewer
Street
Curb/Gutter
Sidewalk
Street Lights
Alley
Topography
Size
Shape
Drainage
View
Other site elements: Inside Lot Corner Lot Cul de Sac Underground Utilities Other (describe) FEMA Spec'l Flood Hazard Area Yes No FEMA Flood Zone FEMA Map # FEMA Map Date Site Comments:

DESCRIPTION OF THE IMPROVEMENTS
General Description
# of Units Acc.Unit
# of Stories
Type Det. Att.

Design (Style)
Existing Proposed Und.Cons.

Actual Age (Yrs.)
Effective Age (Yrs.)
Exterior Description
Foundation
Exterior Walls
Roof Surface
Gutters & Dwnspts.

Window Type
Storm/Screens
Foundation
Slab
Crawl Space
Basement
Sump Pump
Dampness
Settlement
Infestation
Basement None
Area Sq. Ft.
% Finished
Ceiling
Walls
Floor
Outside Entry
Heating
Type
Fuel
Cooling
Central
Other
Interior Description
Floors
Walls
Trim/Finish
Bath Floor
Bath Wainscot
Doors
Appliances
Refrigerator
Range/Oven
Disposal
Dishwasher
Fan/Hood
Microwave
Washer/Dryer
Attic None
Stairs
Drop Stair
Scuttle
Doorway
Floor
Heated
Finished
Amenities
Fireplace(s) #
Patio
Deck
Porch
Fence
Pool
Woodstove(s) #
Car Storage None
Garage # of cars ( Tot.)
Attach.

Detach.

Blt.-In
Carport
Driveway
Surface
Finished area above grade contains: Rooms Bedrooms Bath(s) Square Feet of Gross Living Area Above Grade Additional features:

Describe the condition of the property (including physical, functional and external obsolescence):

Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
RESIDENTIAL APPRAISAL SUMMARY REPORT 1104 11th Ave.2023 Realquest
Subject had no sales in the previous
three years. Comparable 1 had no sales in the previous one year. Comparable 2 had no sales in the previous one year. Comparable 3 had no sales in the previous one year. Comparable 4 had no sales within the previous one year.
1104 11th Ave
Delano, CA 93215
Fee Simple
Suburban
18,750 sf
Residential
Ranch
Average
113
Fair
8 4 2
2,210
100 sf
1 Average
FWA C/Air
None
2CG
Patio,Porch
Fireplace(s), etc. None
Pool, Spa, etc. None
1405 Thomas Way
Delano, CA 93215

0.52 miles NE
355,000
181.31
GE MLS #202213081;DOM 55
Doc #22846;Arm's Length
FHA
6500 0
02/28/2023
Fee Simple
Suburban
8,553 sf +20,500
Residential
Ranch
Average
68 0
Avg -75,000
+5,000
6 3 2 0
1,958 +10,000
0 SF +500
Average
FWA C/Air
None
2CG,1CG -3,000
Patio,Porch
2 F/P 0
None
-42,000
313,000
1835 Terrace Pl
Delano, CA 93215

0.65 miles N
490,000
185.75
GE MLS #202300441;DOM 46
Doc #53247
ArmLth
Conv;0
05/05/2023
Fee Simple
Suburban
15,066 sf +7,500
Residential
Ranch
Good
75 0
Good -150,000
+5,000
7 3 2 0
2,638 -17,000
0 sf +500
Average
FWA C/Air
None
2CG,1CP -1,000
Patio,Porch
1 F/P 0
None
-155,000
335,000
221 W 13th Ave
Delano, CA 93215

1.05 miles W
300,000
151.06
GE MLS #202302390;DOM 21
Doc #61838;Arm's Length
Conv
0 0
05/26/2023
Fee Simple
Suburban
6014 sf +25,500
Residential
Ranch
Average
53 0
Average -50,000
+5,000
6 3 2 0
1,986 +9,000
0 sf +500
Average
FWA C/Air
None
2CP +4,000
Patio,Porch
None
None
-6,000
294,000
Comparables are all taken from the subject's immediate market area. Comparables 1-3 are representative of closed comparable sales in the subject's market area. Comparable 4 is a current listing. Adjustments are based, as much as possible, on matched pair analysis. Condition adjustments reflect market reaction to MLS photos/comments pertaining to upgrades/repairs. Site adjustments reflect market reaction to the comparables site size versus the subject's; if variance is over 2000 SF, adjust @ $2/SF. No comparable sales were found with a similar lot size versus the subject. Gross Living Area adjustments reflect market reaction to the comparables' GLAs versus subject's; if difference is over 100 SF, adjust @ $40/SF. Sales grid adjustments are rounded to the nearest $500. Comparables 1-3 were given more consideration when developing the opinion of value for this report because they are closed sales. Adjusted price range is 14%. Final value is bracketed by the adjusted price ranges and is within 10% of the predominate value. Estimated value of subject is $294,000.

Note: Actual cost to repair subject is unknown because all repair issues are not apparent from visual inspection. Costs to raze 2nd house and out building are also unknown. The appraiser claims no expertise in the construction trades and recommends an inspection by a licensed contractor. Appraiser also recommends determining through the Delano Building Department what type of structure is permitted on the subject lot. While the appraiser is not an expert in commercial properties, it would appear to be beneficial to explore the possibility of developing the property as a commercial venture. Subject is located across the street from Delano City Hall. City of Delano purchased the church and parsonage across Kensington from the subject in 2022.

Vacant lot to the south of the subject is zoned commercial. Recommend the owner contact the Delano Building Department to determine possible uses for the property. Estimated value, based on lot sales in Delano over the previous 12 months is $75,000.

Opinion of value for the subject property and the vacant lot is $369,000. 369,000
Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:

TRANSFER HISTORY
My research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal.

Data Source(s):
1st Prior Subject Sale/Transfer
Date:

Price:

Source(s):
2nd Prior Subject Sale/Transfer
Date:

Price:

Source(s):

Analysis of sale/transfer history and/or any current agreement of sale/listing:

SALES COMPARISON APPROACH
SALES COMPARISON APPROACH TO VALUE (if developed) The Sales Comparison Approach was not developed for this appraisal.

FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address
Proximity to Subject
Sale Price $ $ $ $
Sale Price/GLA $ /sq.ft. $ /sq.ft. $ /sq.ft. $ /sq.ft.

Data Source(s)
Verification Source(s)
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust.

Sales or Financing
Concessions
Date of Sale/Time
Rights Appraised
Location
Site
View
Design (Style)
Quality of Construction
Age
Condition
Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count
Gross Living Area sq.ft. sq.ft. sq.ft. sq.ft.

Basement & Finished
Rooms Below Grade
Functional Utility
Heating/Cooling
Energy Efficient Items
Garage/Carport
Porch/Patio/Deck
Net Adjustment (Total) + - $ + - $ + - $
Adjusted Sale Price
of Comparables $ $ $
Summary of Sales Comparison Approach
Indicated Value by Sales Comparison Approach $
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
ADDITIONAL COMPARABLE SALES 1104 11th Ave.2023
1104 11th Ave
Delano, CA 93215
Fee Simple
Suburban
18,750 sf
Residential
Ranch
Average
113
Fair
8 4 2
2,210
100 sf
1 Average
FWA C/Air
None
2CG
Patio,Porch
Fireplace(s), etc. None
Pool, Spa, etc. None
1111 18th Ave
Delano, CA 93215

0.64 miles N
375,000
157.89
GE MLS #202309614;DOM 11
Realquest;Arm's Length
Listing
Pending 09/2023
Fee Simple
Suburban
19,035 sf 0
Residential
Ranch
Average
75 0
Fair -25,000
8 4 2.5 -2,500
2,375 -6,500
0 sf +500
Average
FWA C/Air
None
2CP +4,000
Patio,Porch
1 F/P 0
None
-29,500
345,500
Form GPRES2.(AC) - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 4 5 6
File No.:

SALES COMPARISON APPROACH
FEATURE SUBJECT COMPARABLE SALE # COMPARABLE SALE # COMPARABLE SALE # Address
Proximity to Subject
Sale Price $ $ $ $
Sale Price/GLA $ /sq.ft. $ /sq.ft. $ /sq.ft. $ /sq.ft.

Data Source(s)
Verification Source(s)
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust.

Sales or Financing
Concessions
Date of Sale/Time
Rights Appraised
Location
Site
View
Design (Style)
Quality of Construction
Age
Condition
Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count
Gross Living Area sq.ft. sq.ft. sq.ft. sq.ft.

Basement & Finished
Rooms Below Grade
Functional Utility
Heating/Cooling
Energy Efficient Items
Garage/Carport
Porch/Patio/Deck
Net Adjustment (Total) + - $ + - $ + - $
Adjusted Sale Price
of Comparables $ $ $
Summary of Sales Comparison Approach
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
RESIDENTIAL APPRAISAL SUMMARY REPORT 1104 11th Ave.2023 369,000
The three approaches to value were considered during the appraisal process. The sales comparison approach is typically considered to be the best indicator of value for single family properties. The sales comparison approach most accurately reflects the buying trends and attitudes of the local market, and is given the most consideration in this report. Cost approach was not developed, because it is not considered as reliable as the market approach. Income approach was not developed because it is not relevant to this assignment. 369,000 10/24/2023
24 Scope of Work Limiting Cond./Certifications Narrative Addendum Photograph Addenda Sketch Addendum Map Addenda Additional Sales Cost Addendum Flood Addendum Manuf. House Addendum Hypothetical Conditions Extraordinary Assumptions
Mylon Marshall Mylon Marshall
[email protected] PO Box 2278, Davis, CA 95617 Paul T. Dudley
Paul T. Dudley Real Estate Appraisals
661-477-9598
[email protected]
10/27/2023
AR037122 CA
04/28/2025
10/24/2023
Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:

COST APPROACH
COST APPROACH TO VALUE (if developed) The Cost Approach was not developed for this appraisal.

Provide adequate information for replication of the following cost figures and calculations.

Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value):

ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW
Source of cost data:

Quality rating from cost service: Effective date of cost data:

OPINION OF SITE VALUE =$
DWELLING Sq.Ft. @ $ =$
Sq.Ft. @ $ =$
Sq.Ft. @ $ =$
Sq.Ft. @ $ =$
Sq.Ft. @ $ =$
=$
Garage/Carport Sq.Ft. @ $ =$
Total Estimate of Cost-New =$
Less Physical Functional External
Depreciation =$( )
Depreciated Cost of Improvements =$
''As-is'' Value of Site Improvements =$
=$
=$
INDICATED VALUE BY COST APPROACH =$
Comments on Cost Approach (gross living area calculations, depreciation, etc.):

Estimated Remaining Economic Life (if required): Years

INCOME APPROACH
INCOME APPROACH TO VALUE (if developed) The Income Approach was not developed for this appraisal.

Estimated Monthly Market Rent $ X Gross Rent Multiplier = $ Indicated Value by Income Approach Summary of Income Approach (including support for market rent and GRM):

PUD
PROJECT INFORMATION FOR PUDs (if applicable) The Subject is part of a Planned Unit Development.

Legal Name of Project:

Describe common elements and recreational facilities:

RECONCILIATION
Indicated Value by: Sales Comparison Approach $ Cost Approach (if developed) $ Income Approach (if developed) $ Final Reconciliation
This appraisal is made ''as is'', subject to completion per plans and specifications on the basis of a Hypothetical Condition that the improvements have been completed, subject to the following repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been completed, subject to the following required inspection based on the Extraordinary Assumption that the condition or deficiency does not require alteration or repair:

This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda.

Based on the degree of inspection of the subject property, as indicated below, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser’s Certifications, my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: $ , as of: , which is the effective date of this appraisal.

If indicated above, this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda.

ATTACHMENTS
A true and complete copy of this report contains pages, including exhibits which are considered an integral part of the report. This appraisal report may not be properly understood without reference to the information contained in the complete report.

Attached Exhibits:

SIGNATURES
Client Contact: Client Name:

E-Mail: Address:

APPRAISER
Appraiser Name:

Company:

Phone: Fax:

E-Mail:

Date of Report (Signature):

License or Certification #: State:

Designation:

Expiration Date of License or Certification:

Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection:

SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Supervisory or
Co-Appraiser Name:

Company:

Phone: Fax:

E-Mail:

Date of Report (Signature):

License or Certification #: State:

Designation:

Expiration Date of License or Certification:

Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection:

Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
Assumptions, Limiting Conditions & Scope of Work 1104 11th Ave.2023 1104 11th Ave Delano CA 93215
Mylon Marshall PO Box 2278, Davis, CA 95617
Paul T. Dudley 9530 Hageman Rd, Ste B 425, Bakersfield, CA 93312

STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS
- The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. - The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements, and any such sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless otherwise indicated, a Land Survey was not performed. - If so indicated, the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.

Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. - The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand.
- If the cost approach is included in this appraisal, the appraiser has estimated the value of the land in the cost approach at its highest and best use, and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. Unless otherwise specifically indicated, the cost approach value is not an insurance value, and should not be used as such. - The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property, or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property, or adverse environmental conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property.
- The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties.
- The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. - If this appraisal is indicated as subject to satisfactory completion, repairs, or alterations, the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. - An appraiser's client is the party (or parties) who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser-client relationship. Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment.
- The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database. - An appraisal of real property is not a 'home inspection' and should not be construed as such. As part of the valuation process, the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate.

The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than those specified in this report by the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties assume no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions.

Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.):

Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:

Property Address: City: State: Zip Code:

Client: Address:

Appraiser: Address:

Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
Certifications 1104 11th Ave.2023
1104 11th Ave Delano CA 93215
Mylon Marshall PO Box 2278, Davis, CA 95617
Paul T. Dudley 9530 Hageman Rd, Ste B 425, Bakersfield, CA 93312

APPRAISER'S CERTIFICATION
I certify that, to the best of my knowledge and belief:
- The statements of fact contained in this report are true and correct. - The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
- I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
- I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - I did not base, either partially or completely, my analysis and/or the opinion of value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification.

Additional Certifications:

The appraiser previously appraised this property on 11/18/2021 (effective date of 04/24/2021).

DEFINITION OF MARKET VALUE *:

Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.

Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

1. Buyer and seller are typically motivated;

2. Both parties are well informed or well advised and acting in what they consider their own best interests;

3. A reasonable time is allowed for exposure in the open market;

4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
* This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27, 1994.

Mylon Marshall Mylon Marshall
[email protected] PO Box 2278, Davis, CA 95617 Paul T. Dudley
Paul T. Dudley Real Estate Appraisals
661-477-9598
[email protected]
10/27/2023
AR037122 CA
04/28/2025
10/24/2023
Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:

Property Address: City: State: Zip Code:

Client: Address:

Appraiser: Address:

SIGNATURES
Client Contact: Client Name:

E-Mail: Address:

APPRAISER
Appraiser Name:

Company:

Phone: Fax:

E-Mail:

Date Report Signed:

License or Certification #: State:

Designation:

Expiration Date of License or Certification:

Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection:

SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Supervisory or
Co-Appraiser Name:

Company:

Phone: Fax:

E-Mail:

Date Report Signed:

License or Certification #: State:

Designation:

Expiration Date of License or Certification:

Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection:

Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
• GP Residential: Market Area Description - Boundaries, Description, Conditions Subject neighborhood boundaries are Cecil Avenue on the north, Randolph Road on the east, Garces Highway on the south and Highway 99 on the west.

The subject property is located in the central section of the city of Delano. Typically homes in this older neighborhood consist of fair to good quality construction and reflect fair to good maintenance. The neighborhood is a mixture of single family, multi family, government, church, and commercial uses. Schools, shopping centers and recreation facilities are located within a 1 mile radius. Access to and from these centers is considered good. Subject conforms with the existing houses within the neighborhood and has no adverse effect on its marketability. Subject has fair curbside appeal and is inferior to most properties that are currently offered for sale within the subject area.

Based on a review of data in the GE MLS, the median price for closed sales of residential properties within Delano has remained relatively stable over the past year (see attached Market Conditions Addendum). Values are expected to continue in this direction. Some sales incentives are apparent at this time within the local market. FHA and conventional loans are the primary choice of buyers at this time, however, other government loans are also available within the Kern County market area.

According to the GE MLS, there were 95 closed sales of residential properties within Delano in the past 12 months, with an average market time of 34 DOM. Of these, 1 (1%) was an REO or Short Sale transaction. Currently, there are 31 active, active under contract, and pending listings in the same area. Of these, 1 (3%) is an REO or Short Sale listing. Given the current absorption rate of 7.9 sales/month, it appears that there is a 3.9 month inventory of residential properties in this market area.
• GP Residential: Description of the Improvements - Property Condition Subject appears to be in fair condition for its age and quality of construction. Typical depreciation was noted at the time of field inspection. Subject exhibits significant deferred maintenance. Siding is deteriorating, exterior painted surfaces are peeling, there are ceiling stains present, floor near hall and bedrooms is slanted-suspect foundation issues. Subject is currently uninhabitable and is filled with personal property. No upgrades/repairs appear to have been completed. Subject could possibly be rehabbed at what appears to be a significant cost. The floorplan is well designed and has no adverse functional depreciation. Subject detached garage is in similar condition. Subject is located in a typical neighborhood; with no adverse effects that would influence market value. At the time of inspection, only the electric was turned on and functional.

Water heater is not strapped against earthquakes. Subject has no smoke alarms or carbon monoxide alarms.

The 2nd house is completely uninhabitable and should be razed. The adjacent shed is falling down and should be razed.

There is some question about the subject's zoning. Public records state it is zoned R-1, but the realtor states that it is zoned C-1. Given the subject's location across the street from Delano City Hall, it is possible that the property could be converted to business use. This report will only determine an opinion of value for the subject as a single family residence. There is also a vacant lot (038-430-12-00-5) owned by the subject owner located adjacent to the subject on the south which will be included in this valuation. This lot is zoned commercial.

Supplemental Addendum
Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1104 11th Ave.2023
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Borrower
Client
Property Address
City County State Zip Code
File No.

Form PICPIX.TR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Subject Front
1104 11th Ave
Subject Rear
Subject Street
Borrower
Client
Property Address
City County State Zip Code
Form PICPIX.BR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Comparable 1
1405 Thomas Way
Comparable 2
1835 Terrace Pl
Comparable 3
221 W 13th Ave
Borrower
Client
Property Address
City County State Zip Code
Form PICPIX.BR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Comparable 4
1111 18th Ave
Comparable 5
Comparable 6
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Address Side View
Side View Covered Patio
Deferred Maintenance Deferred Maintenance
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Garage Garage Interior
Garage Side View Alley
2nd House 2nd House Address
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
2nd House Interior Out Building
Shed Pond
Stairs to Cellar Cellar
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Pantry Bathroom
Breakfast Area Kitchen
Kitchen Utility Room
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Dining Room Entry/Foyer
Den Living Room
Bedroom Ceiling Stain
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Bedroom Hall
Bedroom Bathroom
Bedroom Sewing Room
Borrower
Client
Property Address
City County State Zip Code
Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Photograph Addendum
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
View Across Kensington St View Across Kensington St/11th Ave View Across 11th Ave Vacant Lot (038-430-12)
Water Heater
Borrower
Client
Property Address
City County State Zip Code
Form SKT.BLDSKI - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Building Sketch
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Borrower
Client
Property Address
City County State Zip Code
Form MAP.PLAT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Plat Map
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Borrower
Client
Property Address
City County State Zip Code
Form MAP.AERIAL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Aerial Map
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Borrower
Client
Property Address
City County State Zip Code
Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map
n/a
1104 11th Ave
Delano Kern CA 93215
Mylon Marshall
Borrower
Client
Property Address
City County State Zip Code
Subject-Kern County Assessor Property Profile
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Vacant Lot-Kern County Assessor Property Profile
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE License
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is entered into as of ________________. 2023 by and between Mylon W. Marshall, Successor Trustee of the Edwinna P. Marshall Living Trust, dated June 9, 1991, (collectively, “Seller”) and the CITY OF DELANO, a municipal corporation (“Purchaser”), who agree as follows:

1. Purchase and Sale. On and subject to the terms and provisions of this Agreement, Seller agrees to sell, and Purchaser agrees to purchase, those certain residential real properties located in the City of Delano, County of Kern, State of California, , being a portion of Assessor’s Parcel No. 038-430-12-00-5 & 038-430-13-00-8, commonly known as 1104 11th Avenue, Delano, California, and legally described on Exhibit A attached hereto, together with all of the interest of Seller in any and all rights and appurtenances pertaining to such real properties and the buildings, structures, fixtures and other improvements on such real properties, (collectively, the “Real Property”).

2. Purchase Price and Payment. The total purchase price for the Real Property (the “Purchase Price”) is $282,000.00 and is payable in cash at the Closing (as hereafter defined).
(a) Included in the Purchase Price and the sale are all items of personal property, furnishings and fixtures located on the Real Property (collectively, the “Included Property”), excluding the following items of personal property, furnishings and equipment, provided they are removed from the Real Property by Seller at its cost and expense on or prior to the Closing: White, Western Holly, gas fired, free standing kitchen stove; photographs and other related personal effects.

3. Escrow. Following execution of this Agreement by the parties, an escrow (the “Escrow”) is to be opened with Placer Title Company (the “Escrow Agent”), 4939 Calloway Dr. #102, Bakersfield, CA 93312. Attention: Kari Boyd, Escrow Officer, Telephone: 661.368.3040, Fax: 800.872.6090. Email: [email protected] (the “Opening of Escrow”), and Escrow Holder shall notify the parties of the date of the Opening of Escrow. Upon the Opening of Escrow, the parties are to deposit a fully executed original of this Agreement with Escrow Agent and this Agreement will serve as the instructions to Escrow Agent for consummation of the transactions contemplated hereby. Seller and Purchaser agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Agent to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement will control. The “Close of Escrow” or “Closing” shall be the date that the Grant Deed (as hereafter defined) for the Real Property in favor of Purchaser is recorded in the Official Records of the Kern County Recorder’s Office. The Close of Escrow is to occur 60 days following the Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
Opening of Escrow, or at such earlier or later time as is mutually agreed upon by Purchaser and Seller (the “Closing Date”).

4. Certain Conditions to Purchaser’s and Seller’s Performance. (a) Purchaser's obligation to perform under this Agreement and to complete the purchase of the Real Property and the Included Property is subject to the satisfaction, or express written waiver by Purchaser, of the following conditions:
(1) Seller's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Closing Date; (2) Seller's performance of all obligations to be performed by Seller under this Agreement; and
(3) The Title Company being prepared to issue the Title Policy on the Closing, subject only to the Deemed Approved Exceptions. (b) Seller's obligation to perform under this Agreement and to complete the sale of the Real Property and the Included Property is subject to the satisfaction, or express written waiver by Seller, of the following conditions:
(1) Purchaser's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Closing Date; and (2) Purchaser's performance of all obligations to be performed by Purchaser under this Agreement.

5. Title; Inspections.
(a) Purchaser shall cause Placer Title Company (the "Title Company") to issue and deliver to Purchaser (with a copy to Seller) a preliminary report (the "Preliminary Report”) for a CLTA Owner's Policy of Title Insurance for the Real Property, together with copies of all documents relating to title exceptions referred to in the Preliminary Report. Purchaser shall approve or disapprove each exception shown in the Preliminary Report (each an "Exception") within 15 days following the receipt of the Preliminary Report, all documents relating to title exceptions referred to in the Preliminary Report and any amendments or updates of the Preliminary Report (the “Disapproval Period”); except that Purchaser will not have the right to object and will accept title subject to the lien of property taxes not yet due (the “Deemed Approved Exceptions”). Purchaser's failure to given written notice of objection within the Disapproval Period shall be deemed to be an approval of the Exceptions. If any Exception is disapproved in writing (each a "Disapproved Exception"), Seller shall, within 30 days following expiration of the Disapproval Period, use its best efforts to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to Purchaser, all Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
at Seller's sole cost and expense. If Seller is unable to obtain a discharge, satisfaction, release, or termination as provided above, Purchaser shall have the right to:
(1) Waive the Disapproved Exception and proceed with Closing, accepting title to the Property subject to the Disapproved Exception, or (2) Terminate this Agreement, in which case both Purchaser and Seller shall be relieved of all further obligation and liability to each other under this Agreement, except for such as have accrued prior to the date of termination, and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party.
(b) During the period commencing with the date of this Agreement, and terminating 30 days thereafter (subject to extension as provided below, the "Feasibility Period"), Purchaser may undertake at Purchaser's expense all due diligence inspections, investigations and reviews of the Real Property and the Included Property which Purchaser may deem appropriate, including, but not limited to, the physical condition of the Real Property and the Included Property, and an inspection and examination of soils, environmental factors, geotechnical factors, and hazardous substances, if any, relating to thereto. If Purchaser’s inspection, investigation or review discloses the need, or contains a recommendation, for further environmental testing beyond a so-called Phase I Environmental Site Assessment, then Purchaser shall have the option by written notice given to Seller prior to the end of the Feasibility Period to undertake such further environmental testing and to extend the Feasibility Period for an additional 30 days, in which case the Closing Date shall be similarly extended. If Purchaser, in its sole and absolute discretion, disapproves of any of the results of its inspection, investigation and review, Purchaser may terminate this Agreement by giving written notice to the Seller within 3 days following the end of the Feasibility Period, in which event, this Agreement will be null and void and, except as expressly set forth in this Agreement, neither party will have any further rights, duties and obligations hereunder, and Escrow Agent shall return all documents and funds, if any, to the party which deposited the same. (c) Access to the Real Property and Included Property during the Feasibility Period shall be given to Purchaser and its authorized representatives upon one (1) business day's prior notice to Seller. Purchaser agrees to indemnify and defend Seller against and hold Seller harmless from all losses, costs, damages, liabilities, and expenses, including reasonable attorney fees, arising in connection with Purchaser's or its authorized representatives’ inspection, investigation or review of the Real Property and Included Property. Purchaser agrees to restore the Real Property to its original condition should it alter the physical condition due to soil studies and/or surveys. As used in this Agreement, the term “business day” means each calendar day other than a Saturday, Sunday or a day observed as a holiday by the federal government or the State of California.

6. Closing.

Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
(a) Simultaneously with the Closing, Escrow Agent must cause the Title Company to issue a CLTA Owner's Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price, subject only to the following matters ("Approved Exceptions"): Exceptions approved by Purchaser in accordance with Section 5 and the Deemed Approved Exceptions.

B. Seller is to deposit with Escrow Agent not later than 2 business days prior to the Closing Date the following:
(1) Against payment of the Purchase Price, a grant deed executed and acknowledged by Seller conveying to Purchaser good and marketable fee simple title to the Real Property in the form attached as Exhibit B (the “Grant Deed”); and
(2) Seller's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended ("FIRPTA Affidavit"); and
(3) Seller's affidavit as contemplated by the Revenue and Taxation Code §§ 18805 and 26131 ("Withholding Affidavit"); and
(4) Seller’s affidavits and required property disclosures, such amounts as are payable by Seller under this Agreement, and such other documents and instruments as shall be reasonably required by Escrow Agent or the Title Company in order to effect the Closing.

C. Purchaser is to deposit with Escrow Agent not later than 2 business days prior to the Closing Date the following:
(1) The Purchase Price in accordance with Section 2.
(2) Such other amounts as are payable by Seller under this Agreement, a Certificate of Acceptance relating to the Grant Deed, and such other documents and instruments as shall be reasonably required by Escrow Agent or the Title Company in order to effect the Closing.

D. On the Closing Date, Escrow Agent is to close Escrow as follows:
(1) Record the Grant Deed (marked for return to Purchaser) with the Kern County Recorder (which will be deemed to be delivery to Purchaser), and provide Purchaser with a conformed photocopy thereof showing the recording information;
(2) Cause the Title Policy to be issued;
(3) Prorate certain costs as provided in Section 6E;
Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
(4) Disburse to Seller the Purchase Price less prorated amounts and charges to be paid by or on behalf of Seller;
(5) Charge Purchaser for those costs and expenses to be paid by Purchaser pursuant to this Agreement and disburse any net funds remaining after the preceding disbursements to Purchaser;
(6) Prepare and deliver to both Purchaser and Seller one signed copy of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow; and
(7) Deliver to Purchaser the FIRPTA Affidavit and the Withholding Affidavit.

If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent is to notify Purchaser and Seller and retain all funds and documents pending receipt of further instructions jointly issued by Purchaser and Seller.

E. Prorations. Escrow Agent is to prorate the following costs at the Close of Escrow:
(1) Seller is to pay
a. all governmental conveyance fees and taxes, if any, due upon transfer of the Real Property, and

b. one-half the escrow fee charged by the Escrow Agent, and c. the cost of the Title Policy and the cost of removing or insuring over any Disapproved Exceptions pertaining to the Title Policy. (2) Purchaser is to pay
a. the recording charges, if any, in connection with recordation of the Grant Deed, and
b. one-half the escrow fee charged by Escrow Agent, and c. Purchaser’s costs related to title endorsements and title policy upgrades, if any, requested by Purchaser.
(3) Any real property taxes due are to be prorated as of the Close of Escrow based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Close of Escrow but that relate to a period prior to the Close of Escrow, regardless of when notice of those taxes is received or who Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
receives the notice. All installments of any bond or assessment that constitutes a lien on the Property prior to the Close of Escrow are to be paid by Seller. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties shall make all necessary adjustments by appropriate payments between themselves following the Close of Escrow.

7. Possession. On the Closing Date, Seller will deliver possession of the Real Property to Purchaser free from all claims to possession arising under or through Seller and free from all claims to possession by any and all other third parties, except those claims which are a part of the Approved Exceptions.

8. Seller Representations and Warranties.
(a) Seller represents and warrants to Purchaser as of the date of this Agreement and as of the Closing Date:
(1) To the best of Seller's knowledge, and except as disclosed by Seller to Purchaser in this Agreement or otherwise in writing prior to the date of this Agreement, and except as disclosed in any reports or studies made available to, or prepared by or on behalf of, Purchaser: (a) the Real Property is free from hazardous substances and is not in violation of any environmental laws, (b) there are no buried or partially buried storage tanks located on the Real Property, (c) Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Real Property are or have been in violation of any environmental law, or informing Seller that the Real Property is subject to investigation or inquiry regarding hazardous substances on the Property or the potential violation of any environmental law, (d) there is no monitoring program required by the Environmental Protection Agency ("EPA") or any similar state agency concerning the Real Property, (e) no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Real Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means, (f) the Real Property has never been used as a dump or landfill, and (g) Seller has disclosed to Purchaser all information, records, and studies maintained by Seller in connection with the Real Property concerning hazardous substances.
(2) Seller is the owner of the Real Property and the Included Property and has the full right, power and authority to sell the Real Property and the Included Property to Purchaser.
(3) To the best of Seller’s knowledge, and except where such rights or claims exist pursuant to an Approved Exception, there are no rights or claims to ownership, possession, occupancy or use of the Real Property by any third Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
party, including, without limitation, pursuant to any lease, license, tenancy agreement, or other agreement, which right or claim will exist or be enforceable following the Closing.
(5) To the best of Seller’s knowledge, there is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Real Property.
(6) To the best of Seller’s knowledge, any information that Seller has delivered to Purchaser, either directly or through Seller's agents, is accurate in all material respects and Seller has disclosed all material facts with respect to the Property.
(b) Seller agrees to indemnify Purchaser and its officials, officers, agents and employees, and agrees to protect, defend and hold Purchaser and its officials, officers, agents and employees, harmless from and against all claims, losses, liabilities, damages, suits, judgments, costs and expenses, including without limitation, attorneys' fees and expenses, to the fullest extent permitted by applicable law, arising out of or relating to (i) Seller’s ownership of the Real Property, (ii) the conduct of any business, or any activity, work or things done, suffered or permitted, in or about the Real Property during Seller’s ownership of the Real Property, or (iii) the breach of any representation or warranty of Seller contained in this Agreement. Purchaser agrees to indemnify Seller and his heirs, successors and assigns, and agrees to protect, defend and hold Seller and its heirs, successors and assigns, harmless from and against all claims, losses, liabilities, damages, suits, judgments, costs and expenses, including without limitation, attorneys’ fees and expenses, to the fullest extent permitted by applicable law, arising out of or relating to (i) Purchaser’s ownership of the Real Property or (ii) the conduct of any business, or any activity, work or things done, suffered or permitted, in or about the Real Property during Purchaser’s ownership of the Real Property. The representations and warranties contained in this Section 8(b) and elsewhere in this Agreement and the indemnity provisions of this Section 8(b) shall survive the Close of Escrow, the recording of the Grant Deed or any termination of this Agreement.

9. Seller Covenants.
(a) Commencing with the execution of this Agreement and until the Closing Date:
(1) Seller will not permit any liens, encumbrances, or easements to be placed on the Real Property, other than the Approved Exceptions, nor will Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Real Property or the Included Property that would be binding on Purchaser or the Real Property or Included Improvements after the Closing, without the prior written consent of Purchaser.

Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
(2) Seller will maintain the Real Property and the Included Property in good order, condition and repair, ordinary wear and tear excepted, and shall not permit any act of waste or act that would tend to diminish the value of the Real Property or the Included Property in any way.

10. Brokers. Seller warrants and represents that he has retained and entered into an agreement with a broker (Sara S. Burnette, DRE Lic. #00953027) to represent him in this transaction and is obligated to compensate his broker pursuant to said agreement.

Purchaser has no obligation to compensate Seller’s broker in connection with this transaction. Purchaser has not retained or consulted with any brokers or finders in connection with this transaction. Each party agrees to defend, indemnify, protect and hold harmless the other party from any claims, expenses, costs, or liabilities arising in connection with a breach of that party's representations, warranties, or covenants in this Section. The provisions of this Section shall survive the Close of Escrow, the recording of the Grant Deed or any termination of this Agreement.

11. Liquidated Damages. IF PURCHASER FAILS TO COMPLETE THE

PURCHASE AND SALE PROVIDED FOR IN THIS AGREEMENT BY REASON OF

ANY DEFAULT AND IF SELLER IS NOT ALSO IN DEFAULT, SELLER SHALL BE RELEASED FROM ITS OBLIGATIONS HEREUNDER; HOWEVER BY
INITIALING THIS SECTION 11 PURCHASER AND SELLER AGREE THAT IN

THE EVENT OF DEFAULT BY PURCHASER HEREUNDER, (A) IT WOULD BE

IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES (B) AN AMOUNT EQUAL TO $1,000.00 SHALL CONSTITUTE LIQUIDATED DAMAGES PAYABLE TO THE SELLER; (C) THE PAYMENT OF $1,000.00 TO

SELLER AS LIQUIDATED DAMAGES WILL CONSTITUTE THE EXCLUSIVE REMEDY OF THE SELLER; (D) SELLER WILL BE ENTITLED TO $1,000.00 ON ACCOUNT OF THE LOSS OF ITS BARGAIN AS LIQUIDATED DAMAGES; AND (E) PAYMENT OF $1,000.00 TO SELLER AS LIQUIDATED DAMAGES IS NOT

INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS

INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE.

Seller's Initials: _______ Purchaser's Initials: _______

12. Assignment. Purchaser and Seller, and each of them, do not have the right to assign, either in whole or in part, this Agreement or their respective rights and liabilities under this Agreement, without the express written consent of the other party.

13. Attorney’s Fees. If litigation is commenced between the parties, the prevailing party in that litigation is entitled to recover from the nonprevailing party all reasonable attorneys' fees and costs as fixed by the court.

Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78

14. Notices. All notices to be given under this Agreement must be in writing and sent to the respective party's notice addresses set forth below by (a) First class mail, postage prepaid, in which case notice will be deemed delivered three (3) business days after deposit in the United States Mail, or (b) Personal delivery, or by commercial messenger or courier service, in each which case notice will be deemed delivered upon receipt, or if delivery is refused, then upon the date delivery was attempted, or
(c) Electronic mail provided that the recipient replies with confirmation of receipt or the sender delivers a copy of such notice by another method permitted hereunder, in which case notice will be deemed delivered when transmitted. (d) The notice addresses of the parties are as follows:

Purchaser: City of Delano
1015 11th Avenue
Delano, California 93215
Attention: City Manager
E-mail:[email protected]
Seller: Mylon W. Marshall,
Successor Trustee of the Edwinna P. Marshall
Living Trust, dated June 9, 1991
1037 Pierce Lane
Davis CA 95616
Escrow Holder: Placer Title Company
4939 Calloway Dr. #102,
Bakersfield, CA 93312.

Attention: Kari Boyd, Escrow Officer,
Telephone: 661.368.3040,
Fax: 800.872.6090.

Email: [email protected]
or to such other address as Buyer or Seller may respectively designate by written notice to the other given in the manner prescribed herein.

15. Waiver of Claims. Seller acknowledges and agrees that this Agreement and its terms and conditions have been the subject of negotiation between the parties and that the Purchase Price is fair and just compensation for all of Seller’s interests in the Property. Seller, on behalf of itself and its agents, representatives, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby releases Purchaser from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
limitations those relating to just compensation, whether known or unknown, which any of them now have, have ever had, or might hereafter have by reason of any matters or things waived or released herein or arising out of or in any way relating to the Real Property or the Included Property; provided, however, that the foregoing release does not apply to any of the Purchaser’s obligations under this Agreement. By initialing below, Seller acknowledges that it has read and understands, and hereby expressly waives, the benefits of California Civil Code Section 1542 which provides:

Section 1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Seller’s Initials: _____

16. Miscellaneous.
(a) The parties agree that Purchaser will, in connection with the future development of the Real Property for municipal purposes, cause a plaque, bench, or similar commemorative piece to be placed and maintained on the Real Property to commemorate E. Curtis Clark, Mayor of Delano in 1925 and President of the Delano Board of Trade in 1910. The type, location, and manner of placement of the commemorative piece shall be left to Purchaser’s sole discretion. Purchaser will cause the plaque, bench, or other commemorative piece to be emblazoned with the following inscription: “Delano pioneer E. Curtis Clark (mayor of Delano in 1925) built his family’s home on this site in 1921. The iconic house, a Delano landmark, stayed in his family for more than a century.”
(b) This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings (whether written or oral) of the parties.

This Agreement cannot be modified in any manner except by an instrument in writing executed by the duly authorized representatives of the parties or of their respective successors in interest.
(c) If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected. (d) Any waiver of a breach of any covenant or condition in this Agreement is not to be deemed a waiver of any other covenant or condition in this Agreement, and no waiver is valid unless in writing and executed by the duly authorized representative of the waiving party. An extension of time for performance of any obligation or act is not to be deemed an extension of the time for performance of any other obligation or act. (e) The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions, and arrangement of this instrument do not in Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
any way affect, limit, amplify, or modify the terms and provisions of this Agreement.

The singular form includes plural, and vice versa. This Agreement is not to be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and are a part of this Agreement. (f) This Agreement may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument. Signature and acknowledgment pages, if any, of this Agreement may be detached from any counterpart and re-attached to any other counterpart of this Agreement which is identical in form hereto but having attached to it one or more additional signature and acknowledgment pages.
(g) Time is of the essence in this Agreement.
(h) No Merger. This Agreement, each provision of it, will survive the closing of the transaction and will not merge in any instrument conveying title to Purchaser. (i) Subject to the limitations set forth in Section 12, this Agreement inures to the benefit of and is binding upon the parties to this Agreement and their respective heirs, successors, and assigns.
(j) Seller acknowledges that Seller has had the opportunity to consult with its legal counsel regarding this Agreement and that, accordingly, the terms of this Agreement are not to be construed against any party because that party drafted this Agreement, or construed in favor of any party because that party failed to understand the legal effect of the provisions of this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

PURCHASER SELLER
City of Delano
______________________________
By: ________________________ Mylon W. Marshall
Maribel Reina,
City Manager
ATTEST:

By: ______________________
Nancy Garcia,
City Clerk
Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
APPROVED AS TO FORM:

By: _________________________
Mark Hensley, Interim City Attorney
Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
EXHIBIT "A"
Legal Description
Real property in the City of Delano, County of Kern, State of California, described as follows:

PARCEL 1: APN: 038-430-13-00-8
LOTS 28 THROUGH 32, INCLUSIVE, IN BLOCK 89 OF THE TOWN OF DELANO,

IN THE CITY OF DELANO, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 22, 1888 IN BOOK 1, PAGES 55 AND 56 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2: APN: 038-430-12-00-5
LOTS 26 AND 27 IN BLOCK 89 OF THE TOWN OF DELANO, IN THE CITY OF

DELANO, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 22, 1888, IN BOOK 1, PAGES 55 AND 56 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 26, 571 SQ. FT. MORE OR LESS

Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
EXHIBIT “B”
Grant Deed

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Delano
1015 11th Avenue
Delano, California 93215
Attn: City Clerk
Space Above this Line for Recorder’s Use

GRANT DEED
APN NO.:

THE UNDERSIGNED GRANTOR DECLARES THAT THE CITY OF DELANO IS ACQUIRING TITLE AND IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO R & T 11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mylon W. Marshall, Successor Trustee of the Edwinna P. Marshall Living Trust, dated June 9, 1991 (collectively, “Grantor"), hereby grants to the CITY OF DELANO, a municipal corporation ("Grantee"), all that certain real property located in the City of Delano, County of Kern, State of California, described in Exhibit A attached hereto and incorporated herein by this reference, together with all of the interest of Seller in any and all rights and appurtenances pertaining to such real property and the buildings, structures, fixtures and other improvements on such real property.

IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on _________________________, to be effective upon its recordation in the Official Records of Kern County, California.

GRANTOR:

EXHIBIT – DO NOT SIGN
Mylon W. Marshall
Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78

ACKNOWLEDGMENT
State of California )
) ss
County of Kern )
On , before me _____________________________________,
(Name of Notary)
notary public, personally appeared _________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy of validity of that
document.

Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78
Exhibit A
to Grant Deed

LEGAL DESCRIPTION OF THE PROPERTY
The property in the City of Delano, County of Kern, State of California described as:

PARCEL 1: APN: 038-430-13-00-8
LOTS 28 THROUGH 32, INCLUSIVE, IN BLOCK 89 OF THE TOWN OF DELANO, IN THE

CITY OF DELANO, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 22, 1888 IN BOOK 1, PAGES 55 AND 56 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2: APN: 038-430-12-00-5
LOTS 26 AND 27 IN BLOCK 89 OF THE TOWN OF DELANO, IN THE CITY OF DELANO, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 22, 1888, IN BOOK 1, PAGES 55 AND 56 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 26, 571 SQ. FT. MORE OR LESS
Authentisign ID: A189EC37-7138-44BF-9EB8-A506D6DB9C78

CITY OF DELANO

STAFF REPORT
12/18/2023
Agenda Item: 16
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Rosa Lara Rios, Director of Finance/Treasurer
SUBJECT: RESOLUTION AUTHORIZING STAFF TO APPLY FOR TDA FUNDS FOR PUBLIC TRANSIT FOR FY 2023-2024
Recommendation
Staff recommends council approve the resolution authorizing staff to file a claim for TDA funds for Public Transit Claim in the amount of $7,997,833.

Discussion
There are two categories of funds in the Transportation Development Act that are administered by Kern COG, Local Transportation Funds (LTF) and State Transit Assistance Fund (STAF).

The City files a claim for TDA funds annually. The City’s Transportation budget (Fund 75) is dependent on Federal, State and County Funding. The Transportation budget for fiscal year 2023-2024 has budgeted revenues that are dependent on the Public Transit Claim. Unexpended prior year cash receipts and estimated reserves held in the claimant’s treasury are $0 leaving a balance of $7,997,833 to be submitted in this year’s claim.

Budget Impact
If claim is approved no fiscal impact will be noted, however if City does not file claim the financial impact to the City’s Transportation Budget will be $7,997,833 that would delay capital projects for Transit.

Attachment(s): Public Transit TDA Claim
Resolution
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO

AUTHORIZING STAFF TO FILE A CLAIM TO KERN COUNCIL OF
GOVERNMENTS FOR PUBLIC TRANSIT FOR FISCAL YEAR 2023-
2024.

WHEREAS, Kern Council of Governments (KernCOG) administers the Transportation Development Act Program (TDA) for Kern County which includes two sources of funding, Local Transportation Fund (LTF) and State Transit Fund (STAF); and WHEREAS, Council held a Public Hearing on March 6, 2023 and approved Resolution 2023-07 stating that there were no unmet transit needs; and WHEREAS, the Delano City Budget for FY 2023-2024 indicates a need for LTF and STAF monies
NOW, THEREFORE BE IT RESOLVED, by approval of this Resolution the City Council of the City of Delano that:

The City Manager or her designee and the Finance Director are authorized to file a claim for Fund 75 Transit (TDA) in the amount of $7,997,833.

THE FOREGOING RESOLUTION was duly passed and adopted by the City Council of the City of Delano on the 18th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Joe L. Alindajao, Mayor
___________________________
Nancy Garcia, City Clerk
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM

FILING INSTRUCTIONS

GENERAL INFORMATION
A. Eligible Claimants -- the County of Kern; the cities of Arvin, Bakersfield, California City, Delano, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi and Wasco; the Golden Empire Transit District; and the Metropolitan Bakersfield Consolidated Transportation Services Agency (CTSA).

B. Filing Deadline -- annually on or before April 1.

C. Claim Guidelines -- claims shall be filed in accordance with California Public Utilities Code Sections 99260 through 99273, associated sections of the California Code of Regulations and Kern Council of Governments TDA Rules and Regulations. Both documents are available on Kern COG's website (http://www.kerncog.org/).

D. Claim Format -- claims shall be filed on the forms prescribed by Kern COG.

E. Eligible Costs -- transit system planning and contributions to the regional planning process; acquisition of real property; construction of facilities and buildings; purchase and replacement of vehicles; and transit system operation, maintenance and repair.

PART 1 - CLAIMANT INFORMATION
Provide agency identification and location information. Identify a single representative to act as a liaison with Kern COG on all matters relating to this claim.

PART 2 - CLAIM AND ASSURANCES
Have the person authorized in the governing bodies action to approve the execution and filing of the claim and the person responsible for the financial information, sign and date the claim.

PARTS 3 AND 4 - PROJECTED RESOURCES AND EXPENSES
Supply the financial information requested regarding the fiscal year prior to the year of this claim. The purpose of this information is to calculate the deferred revenue (carryover of unexpended funds) to be reclaimed and other fund resources available for appropriation. A brief description of and source for each line item is provided.

PARTS 5 AND 6 - BUDGETED RESOURCES, EXPENSES AND RESERVES Supply the financial information requested regarding the fiscal year of this claim. Starting with the resources available from prior years (deferred revenues and unreserved/unrestricted retained earnings) calculated in Part 3, calculate the total estimated carryover and non-TDA funds available for the fiscal year. Calculate estimated expenses for each object class within the budget.

Compute the funding shortfall between carryover funds plus non-TDA funds and total estimated expenses.

Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM

FILING INSTRUCTIONS
PART 7 - TDA FUNDING CLAIM
Supply the requested level of TDA funding for each of the TDA source categories. The total amount claimed should equal the unfunded balance.

PART 8 - SUPPLEMENTAL INFORMATION
Attach the following additional information:
1) A copy of the governing body's authorization to execute and file the claim. 2) A completed copy of the questionnaire on system characteristic and supporting documentation. 3) A listing of transit service subcontractors.
4) A copy of the "unmet transit needs" documentation, including the legal notice of a public hearing, the minutes of the public hearing held by the local governing body and a resolution making the appropriate "unmet transit needs" finding. 5) A copy of the Department of the California Highway Patrol form number CHP-339, "Transit Operator Compliance Certificate" documenting claimant participation in the California Department of Motor Vehicles "Driver Pull Notice Program".

I. Claimant Information
Agency: City of Delano
Mailing Address: P.O. Box 3010
Office Address: 1015 Eleventh Avenue
City, State, Zip Delano, CA 93216
Telephone: 661-721-2210
II. Contact Person
Name: Maribel Reyna
Title: City Manager
Department: Transportation
Mailing Address: P.O. Box 3010
Office Address: 1015 Eleventh Avenue
City, State, Zip Delano, CA 93216
Telephone: 661-720-2269
FAX: 661-721-2135
E-Mail: [email protected]
WEB Site: www.cityofdelano.org
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM
2023-2024
PART 1 OF 8 -- CLAIMANT INFORMATION
A. CLAIM: The City of Delano hereby claims Local Transportation B. COMPLIANCE
ASSURANCES: The City of Delano hereby certifies that, as a condition of City of Delano
Claimant
Signature Date
City Manager
Title
C. FINANCIAL
ASSURANCES: As the chief financial officer of the City of Delano Signature Date
Director of Finance/Treasurer
Title
PART 2 OF 8 - CLAIM AND ASSURANCES
For Fiscal Year 2023-2024
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM
Fund and State Transit Assistance Fund apportionments and allocations for the 20__-20__ fiscal year plus all unencumbered funds and/or deferred revenues held in its local treasury for public transit uses. receiving funds pursuant to California Public Utilities Code Sections 99200, et. seq., and California Code of Regulations Sections 6600, et. seq., as amended, it shall ensure that:

The person whose signature appears below has been authorized to provide the assurances cited above and to prepare, submit and execute this claim on behalf of:

I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the State of California.

2. All funds will be expended in accordance with the budgets described in Part 6 of this claim, attached hereto and made a part hereof, by this reference.

These assurances are given in consideration of and the for the purpose of obtaining any and all funds apportioned and allocated for public transit purposes pursuant to Public Utilities Codes, Division 10, Part 11, Chapter 4 of the State of California.

1. All funds will be expended in compliance with the requirements of California Public Utilities Code Sections 99200 through 99408, California Code of Regulations Sections 6600 through 6756 and Kern Council of Governments' Transportation Development Act Rules and Regulations.

CLAIMANT: City of Delano
$0
$4,270

1. FTA Planning Assistance

2. FTA Operating Assistance $5,476,767

3. FTA Capital Assistance

4. 5339 $546,355

1. State of Good Repair $0

2. LCTOP $0

1. LTF--Regional Planning (PUC 99262)

2. LTF--Operations/Capital (PUC 99260a) $1,618,956

3. LTF--Capital Reserve Withdrawl (CCR 6648)

4. LTF--Social Service Transit (PUC 99275)

5. LTF--Contracted/Purchased Transit Services (PUC 99400c)

6. STAF--Operations (CCR 6730a)

7. STAF--Capital (CCR 6730b) $401,591

8. STAF--Contracted/Purchased Transit Services (CCR 6731b)

9. STAF--Social Service Transit (CCR 6731c)

10. County of Kern--Service Contract(s) $38,329

11. 1. Passenger Fares $11,949

2. Special Fares

3. School Bus Service

4. Freight Tariffs

5. Charters

1. Miscellaneous $183,074

2. Transit Advertisement $6,486
$8,287,777
B. Unreserved/Unrestricted Retained Earnings
G. Operating Revenues:

H. Other Revenues (Source & Amount):

I. TOTAL FY 2022-2023 PROJECTED AVAILABLE RESOURCES -- enter here and Part 4, Line J (Sections A+B+C+D+E+F+G+H)
C. Interest Earnings -- interest earnings on claimant cash balances through June 30, 2023
D. Federal Grants & Reimbursements (Source & Amount):

E. State Grants & Reimbursements (Source & Amount):

F. Local Cash Grants & Reimbursements (Source & Amount) A. Deferred Revenues -- unexpended prior year cash receipts held in the claimant's treasury as of June 30, 2023 (from the most recent audit report) Kern Council of Governments
PART 3 OF 8--PROJECTED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2022-2023
I. FY 2022-2023 PROJECTED AVAILABLE RESOURCES
CLAIMANT: City of Delano
$8,287,777

1. Administrative Salaries & Wages $103,534

2. Operating Salaries & Wages $747,602

3. Other Salaries & Wages $37,920

4. Fringe Benefits $504,939

1. Professional Services $112,461

2. Maintenance Services $68,501

3. Other Services $16,277

4. Vehicle Maintenance & Supplies $301,277

5. Utilities $35,969

6. Insurance $75,978

7. Purchased Transportation Services $0

8. Miscellaneous $10,683

9. Expense & Inter-fund Transfers $228,673

10. Interest $85

11. Lease & Rentals $990

12. Other $46,919

1. TRANSIT REHAB $139,189

2. LCTOP $4,800

3. BUS STOP ENHANCEMENT $38,383

4. TRANSIT VEHICLE $31,673

5. TRANSIT TRUCK $41,443

1. Regional Planning Contribution (from FY 2022-2023 TDA Estimate) $78,355

2. $2,625,650
$5,662,127
P. DEFERRED REVENUES AND AVAILABLE RESERVES AS OF JUNE 30, 2023-- enter here and on Line A, Part 5 (Sections J-O)
Kern Council of Governments
PART 4 OF 8--PROJECTED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2022-2023
J. TOTAL FY 2022-2023 PROJECTED AVAILABLE RESOURCES (From Part 3, Line I) II. FY 2022-2023 PROJECTED EXPENSES & USES
K. Personnel:

L. Services & Supplies:

M. Capital Assets (Itemize by Object & Amount):

N. Other Uses (Object & Amount):

O. FY 2022-2023 PROJECTED EXPENSES & USES (Sections K+L+M+N) CLAIMANT: City of Delano
$5,662,127
.
$4,590

1. FTA Planning Assistance $89,152

2. FTA Operating Assistance $1,313,250

3. FTA Capital Assistance $180,000

4. FTA 5307 $0

1. State of Good Repair $117,130

2. State transit assistance revenue $401,591

1. LCTOP $117,300

2. Revenue from County $25,500

3. 1. Passenger Fares $111,894

2. Special Fares

3. School Bus Service

4. Freight Tariffs

5. Charters

1. Advertisement $2,856

2. $8,025,390
G. Other Revenues (Source/Amount):

I. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES--enter here and on Part 6, Line J (Sections A+B+C+D+E+F+G)
B. Interest Earnings--interest earnings on claimant cash balances through June 30, 2024 C. Federal Grants and Reimbursements:

D. State Grants and Reimbursements (Source/Amount):

E. Non-TDA Local Cash Grants and Reimbursement (Source/Amount):

I. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES A. Deferred Revenues & Available Reserves-- unexpended prior year cash receipts and reserves held in the claimant's treasury as of June 30, 2024 (From Part 4, Line P) F. Operating Revenues:

Kern Council of Governments
PART 5 OF 8--BUDGETED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2023-2024
CLAIMANT: City of Delano
$8,025,390

1. Administrative Salaries & Wages $108,219

2. Operating Salaries & Wages $919,101

3. Other Salaries & Wages $67,733

4. Fringe Benefits $566,931

1. Professional Services $5,000

2. Maintenance Services $55,000

3. Other Services $25,255

4. Vehicle Maintenance & Supplies $325,900

5. Utilities $19,000

6. Insurance $75,978

7. Purchased Transportation Services $0

8. Miscellaneous $18,600

9. Expense & Inter-fund Transfers $198,721

10. Interest $700

11. Lease & Rentals $1,000

12. Other $33,888

1. Aerial Lift Truck $231,142

2. TRANSIT STATION $11,818,061

3. Heavy Duty Trailer $325,000

4. 2 Transit Buses $500,000

5. EV READY CHARGE $144,000

6. Parking/ACCS CY $494,842

1. Regional Planning Contribution (from most recent TDA estimate) $89,152

2. Capital Outlay Reserve Contribution
$16,023,223
P. FY 2023-2024 UNFUNDED BALANCE (Line J-O) ($7,997,833) Kern Council of Governments
PART 6 OF 8--BUDGETED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2023-2024
J. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES (From Part 5, Line I)
II. FY 2023-2024 BUDGETED EXPENSES & USES
K. Personnel:

L. Services & Supplies:

M. Capital Assets (Itemize and identify funding source - i.e., TDA, FTA 5311, CMAQ):

N. Other Uses:

O. FY 2023-2024 BUDGETED EXPENSES & USES (Sections K+L+M+N) CLAIMANT: City of Delano
($7,997,833)

1. LTF--Regional Planning (PUC 99262) (Same as Part 6, Line N1) $89,152

2. LTF--Operations/Capital (PUC 99260a) $5,831,848

3. LTF--Capital Reserve Withdrawal (CCR 6648)

4. LTF--Social Service Transit (PUC 99275)

5. LTF--Contracted/Purchased Transit Services (PUC 99400c)

6. LTF--Capital Res. Contrib.(CCR 6648) (Same as Part 6, Line N2)

7. STAF--Operations (CCR 6730a)

8. STAF--Capital (CCR 6730b) $2,076,834

9. STAF--Contracted/Purchased Transit Services ( CCR 6731b)

10. STAF--Social Service Transit (CCR 6731c)

11. 12.
$7,997,833
($0)
I. FY 2023-2024 UNFUNDED BALANCE (From Part 6, Line P)
II. FY 2023-2024 TDA TRANSIT FUNDING CLAIM
III. FY 2023-2024 TDA FUNDING CLAIM (Should equal line I) UNEXPENDED RESOURCES AS OF JUNE 30, 2024 (Line I+Line III)(Should be $0) Kern Council of Governments
PART 7 OF 8--TDA FUNDING CLAIM
For Fiscal Year 2023-2024
Kern Council of Governments
PART 8.1 OF 8--SUPPLEMENTAL PUBLIC TRANSIT INFORMATION
For Fiscal Year 2023-2024
1) A copy of the governing body's authorization to execute and file this claim. 5) A copy of the Department of California Highway Patrol form number CHP339, "Transit Operator Compliance Certificate", dated within the past 13 months, documenting participation in the California Department of Motor Vehicles "Driver Pull Notice Program.
4) A copy of the "unmet transit needs" documentation, including a legal notice of a public hearing, the minutes of the public hearing held by the local governing body and a resolution making the appropriate "unmet transit needs finding".
3) A listing of all transit service subcontractors (BELOW) and a copy of the contract document, if not previously submitted.

Attach the following documents:
2) A completed copy of the attached questionnaire (BELOW) on system characteristics and any additional documentation required as a result of responding to each query. 6) Date of the most recent completed annual TDA internal audit: June 30, 2022 (NOTE: Place an "X" in the proper column)
Question YES NO

1. Have all recommendations for corrective action from the FY 2021-2022 independent financial audit report been implemented ? IF NO, PLEASE

SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH
RECOMMENDATION NOT ADDRESSED. X

2. Have all recommendations for corrective action from the FY 2021-2022 performance audit report been implemented ? IF NO, PLEASE SUBMIT A

CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION
NO ADDRESSED. X

3. Have all past transportation development plan recommendations been implemented ? IF NO, PLEASE SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED. X

4. Does the claimant maintain it's financial records in accordance with the California State Controller's approved "uniform system of accounts and records ? X

5. Has the claimant submitted it's "Annual Report of Financial Transactions of Transit Operators" to the California State Controller for the fiscal year ended June 30, 2022 ? X

6. Is the system expected to meet the applicable farebox revenue ratio requirement for FY 2022-2023 ? X

7. Is the system budgeted to meet the applicable farebox revenue ratio requirement for FY 2022-2023 ? X

8. If the answer to questions 6 or 7 is NO (i.e. fares revenues alone are insufficient to meet the applicable revenue ratio requirement), has the claimant committed sufficient "local funds" to supplement fares and thereby comply ? N/A

9. Does the claimant expect to qualify for and claim an "extension of service exemption" for either FY 2022-2023 or FY 2023-2024 ? X

10. Is a budget increase in excess of 15% proposed for FY 2022-2023 ? X

11. Is an increase or decrease in excess of 15% in the scope of operations or capital budget provisions proposed for FY 2022-2023 ? X PART 8.2 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2022-2023
Kern Council of Governments
(NOTE: Place an "X" in the proper column)
Question YES NO
(NOTE: If the answer to question 11 or 12 is YES, PLEASE SUBMIT A

STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE

INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE
CHANGE.)

12. Is the claimant proposing an increase in executive level salaries for FY 2022-2023 ? IF YES, PLEASE SUBMIT A STATEMENT WHICH
DEFINES AND JUSTIFIES THE INCREASE. X

13. Is the claimant precluded by contract from contracting with common carriers or persons operating under franchise or license ? X

14. Does the claimant expect to subcontract with outside parties for the provision of operator services in FY 2022-2023 ? IF YES, PLEASE

SUBMIT A COPY OF ALL NEW OR AMENDED CONTRACTS NOT
PREVIOUSLY SUBMITTED. X

15. Is the claimant precluded by contract from employing part-time drivers ? X

16. Does the claimant routinely staff public transportation vehicles designed to be operated by one person with two or more persons ? X

17. Has the claimant's participation in the California Department of Motor Vehicle "Driver Pull Notice Program" been certified by the California Highway Patrol within the past 13 months ? IF YES, PLEASE SUBMIT A COPY OF FORM chp 339, "TRANSIT OPERATOR COMPLIANCE
CERTIFICATE". X

18. Is the claimant's retirement system fully funded with respect to it's officers and employees ? X

19. Does the claimant have a private pension plan ? X

20. If the answer to question 19 is YES and the plan is a "defined benefit plan", does the claimant do each of the following:
a. Conduct periodic actuarial studies of it's employee pension plans to determine the annual cost of future pension benefits ? X b. Set aside and invest, on a current basis, funds sufficient to provide for the payment of future pension benefits ? X
Kern Council of Governments
PART 8.3 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2022-2023

3. PART 8.4 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
City of Delano
Kern Council of Governments

1. LISTING OF SUBCONTRACTORS

2. 8.
(NOTE: If the contract is new or amended from prior years, please submit a copy.)

9. 10.

6. 7.

4. 5.

City of Delano
City Council Staff Report
December 18, 2023
____________________________________________________________________________ To: Honorable Mayor and Members of the City Council
From: Maribel Reyna, City Manager
By: Danielle Monsibais, Interim Community Development Director Subject: Combined Development Permit No. CDP 2023-001: applicant, Vergara Ag Service, Inc., is requesting the Planning Commission adopt a resolution recommending City Council amend the Land Use Element Map of the Delano General Plan from Service Commercial to Industrial and a Zone Change Classification from General Commercial to Industrial at 103 High Street (Assessor Parcel Number: 422-040-09)
_____________________________________________________________________________

RECOMMENDATION
Staff recommends the Planning Commission take the following actions:

1. Conduct the Public Hearing.

2. Adopt Planning Commission Resolution recommending to the City Council the following:
► Amendment to the Land Use Element Map of the General Plan ► Amendment to the Zone Change Classification

PROJECT INFORMATION
File No. CDP 2023-001
Applicant Vergara Ag Service, Inc.

Location/Acres 103 High Street/6.52 Acres
Zoning Designation General Commercial
General Plan Designation Service Commercial
Surrounding Land Uses Zoning General Plan
NORTH Apartments General Commercial Service Commercial
EAST Single-family Residence and
Auto Repair Shop
Single-family
Residential and
Industrial
Low Residential and
Industrial
SOUTH Mobile Home Park Industrial Industrial
WEST Car dealership and Vacant
Land
General Commercial Service Commercial
Agenda Item No. 17
2 Project Location
The project is located on the south end of the crossed-intersection of South Glenwood Street and High Street located at 103 High Street (Assessor Parcel Number: 422-040-09). To the north are apartments, to the east is single-family homes and an auto repair shop, to the south is a mobile home park and to the west is a car dealership and vacant land.

Project Proposal
The applicant requested an amendment to the Land Use Element Map of the Delano General Plan from Commercial to Industrial and a Zone Change Classification from General Commercial to Industrial.

If the request is approved, Staff will be processing a Site Plan Review for a recycling center to provide a viable and well-operated community recycling center for the community of Delano and the surrounding areas. The applicant plans to allow the proper disposal of all metal-related recycling items such as washers, dryers, water heaters, old bicycles, corrugated siding, and other similar materials. In addition, the applicant also plans to recycle all types of items having copper, iron, and ferrous metals from local farming operations such as outdated plows, scrappers, disking implements, etc. There will be three (3) distinct types of metal separation piles for aluminum, stainless steel, and iron items.

The applicant plans to operate the recycling center six (6) days a week from Monday to Saturday from 7:30 a.m. to 4:30 p.m. with initially five (5) employees to run the recycling center. The 3 applicant has plans to expand the operations and increase the number of employees once the recycling business has been established. There will be a single-wide modular trailer to be utilized as an office and the equipment to be utilized will include a scale, mid-size excavator, forklift, and skid steer. The area will be protected by the existing tall chain-linked fence around the perimeter of the site and the use of security cameras with additional lighting throughout the site.

Tribal Consultation Requirement (AB52)
Pursuant to Assembly Bill 52 (AB52), a consultation list of tribes was obtained from State of California Native American Heritage Commission that are traditionally and culturally affiliated with the geographic area of the project and were properly noticed of said application. Staff has not received any correspondence from the tribal consultation list and the mandatory time requirement has expired
Planning Commission Recommendation
Under the provisions of the Delano Municipal Code, the Planning Commission acts as the recommending body to the City Council. This case was heard on October 11, 2023, Planning Commission agenda. After public comment and the Commissioners remarks, the Planning Commission voted five (5) to zero recommending approval of the applicant’s request.

Authority to review the General Plan and Zoning Ordinance amendment applications is entrusted with the Planning Commission for a recommendation to the City Council for a final decision, pursuant to Title 20, Chapter 20.2 of the Delano Municipal Code.

Public Hearing Notice
A Notice of Public Hearing was mailed to all property owners within a 300-foot radius of the subject property ten days prior to the public hearing. In addition, a Public Hearing Notice was published ten days prior to the public hearing.

California Environmental Quality Act (CEQA)
The project is exempt from CEQA, §15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report was certified.

Analysis
Approval of the General Plan Amendment and Zone Amendment allowing for an industrial use designation for a recycling facility will likely result in increased property tax revenues based on increased assessed values resulting from beneficial use of undeveloped land.

Attachments
Draft Ordinance
Planning Commission Resolution No. 2023-10
Operational Statement
Site Plan
Public Hearing Notice Packet
City Council Ordinance
Ordinance 2023-
CDP 2023-001
1 ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITY OF DELANO APPROVING LAND USE ELEMENT

MAP OF THE DELANO GENERAL PLAN FROM SERVICE COMMERCIAL TO

INDUSTRIAL AND ZONE CHANGE CLASSIFICATION FROM GENERAL

COMMERCIAL TO INDUSTRIAL MAKING CEQA FINDINGS FOR THE SAME (ASSESSOR PARECL NUMBER: 422-040-09)

THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1: Title 20, Zoning of the Delano Municipal Code is hereby amended as set forth in Exhibit “1” attached hereto and incorporated herein by this reference.

SECTION 2. The Official Zoning Map is hereby Amended as depicted Exhibit “1” attached hereto and made a part of this Ordinance as though fully set forth herein.

SECTION 3. If any portion of this amendment to the Official Zoning Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance irrespective of the fact that any portion of this Ordinance be declared invalid or unconstitutional.

SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its adoption, a copy of the same shall be published and circulated in the City of Delano together with the names of the members of the City Council voting for and against the same.

SECTION 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance or a summary thereof to be prepared according to law to be published in accordance with law in a newspaper of general circulation in the City.

PASSED AND ADOPTED this 18th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Nancy Garcia, City Clerk
SIGNED AND ADOPTED this 18th day of December 2023.
_________________________
Joe L. Alindajao, Mayor
Ordinance 2023-
CDP 2023-001
2 EXHIBIT 1
EXHIBIT 1
Combined Development Permit No. 2023-001
Assessor Parcel Number 422-040-09
General Plan Amendment from Service
Commercial to Industrial, and
Zone Change Classification from General
Commercial to Industrial
Planning Commission
Resolution
Planning Commission
Resolution No. 2023-
October 11, 2023
1 CITY OF DELANO PLANNING COMMISSION
RESOLUTION NO. 2023-10

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DELANO RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
COMBINED DEVLOPMENT PERMIT APPLICATION NO. 2023-001,

APPROVAL OF GENERAL PLAN AMENDMENT FROM SERVICE

COMMERCIAL TO INDUSTRIAL AND ZONE CHANGE CLASSIFICATION

FROM GENERAL COMMERCIAL TO INDUSTRIAL FOR ASSESSOR
PARCEL NUMBER 422-040-09
WHEREAS, on April 26, 2023, Vergara Ag Service Inc. (the Applicant), applied for a Combined Development Plan No. 2023-001, to amend the Land Use Element Map of the Delano General Plan Amendment Service Commercial to Industrial and Zone Change Classification from General Commercial to Industrial, WHEREAS, the proposed project is located on real property is in the incorporated portion of the City of Delano more particularly described as Assessor Parcel Number 422-040-09; and
WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA) Public Resources Code §15183; and
WHEREAS, based on Staff’s review of the project, no special circumstances exist that would create a reasonable possibility that granting approval of a General Plan Map Amendment and Rezoning project will not have significant effect on the environment beyond what was analyzed; and
WHEREAS, on October 11, 2023, the Planning Commission of the City of Delano held a duly noticed public hearing regarding the Combined Development Permit, the aforementioned application, after having published notice and mailed notice to property owners within 300 feet of the subject parcel prior to said hearing; and WHEREAS, the subject property is designated Service Commercial by the Land Use Element Map of the City of Delano General Plan, and is zoned General Commercial the amendment and zoning change as proposed is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and
WHEREAS, the proposed use would not impair the integrity and character of the zone district in which it is to be established or located and it is noted that the parcel is located adjacent to mixed-use development; and
Planning Commission
Resolution No. 2023-
October 11, 2023
2 WHEREAS, the proposed General Plan Map Amendment and Zoning Map Amendment is consistent with the goals and policies of the General Plan and with the purposes of the proposed zone district, and is necessary and desirable to implement the provisions of the General Plan; and
WHEREAS, the proposed Zone Amendment will not adversely affect the public health, safety, and welfare of the residents of Delano, nor result in an illogical land use pattern. The proposal will allow industrial development which is compatible with surrounding mixed-use development based on its compliance with zoning development standards and conditions of related Site Plan Review.

WHEREAS, the proposed Zone Amendment is consistent with the purpose and intent of the remainder of the Zoning Ordinance not now under consideration. The change of permitted and conditional uses allowed by the Zone Amendment and the related Site Plan Review will be consistent with the Land Use Element of the General Plan, and will not otherwise impede or conflict with the objectives of the Delano Zoning Ordinance.

WHEREAS, the potential environmental impacts of the proposed Zone Amendment will not be significant, based on compliance with the proposed conditions of approval for the related Site Plan Review which includes payment of development impact fees for affected public services and facilities.

WHEREAS, the proposed General Plan Amendment, Zoning Map Amendment and use will not adversely impact the present economic stability or future economic development of property in the surrounding area. The proposed project development is consistent with the mixed-use development in the vicinity.

WHEREAS, pursuant to Assembly Bill 52 (AB52), a consultation list of tribes was obtained from State of California Native American Heritage Commission that are traditionally and culturally affiliated with the geographic area of the project and were properly noticed of said application; and
WHEREAS, the Planning Commission makes the following findings pursuant to the California Environmental Quality Act (CEQA):

Finding: The project will not have significant adverse impact on the environment and all potentially significant effects have been adequately analyzed.

Evidence: The project is exempt from CEQA, §15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report was certified. Approval of the project would not result in any significant effects relating to traffic, noise, Planning Commission
Resolution No. 2023-
October 11, 2023
3 air quality, or water quality. In addition, the site can be adequately served by all required utilities and public services.

WHEREAS, the Planning Commission makes the following findings:
1) The General Plan Map Amendment and Zoning Ordinance Map Amendment is consistent with the goals, objectives and policies of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.
2) The General Plan Map Amendment and Zoning Ordinance Map Amendment will not adversely affect the public health, safety, and welfare of the residents of Delano, nor result in an illogical land use pattern. 3) The General Plan Map Amendment and Zoning Ordinance Map Amendment is consistent with the purpose and intent of the remainder of adopted General Plan and the Zoning Ordinance not now under consideration.
4) The potential environmental impacts of the proposed General Plan Map Amendment and Zoning Ordinance Map Amendment will not be significant.
5) The General Plan Map Amendment and Zoning Ordinance Map Amendment will not adversely impact the present economic stability or future economic development of the City by providing a predictable procedure for the review of development within the City in accordance consistent with state law procedures for zoning.

NOW, THEREFORE BE IT RESOLVED AND DETERMINED, as follows The foregoing recitals are true and correct.

THAT THE PLANNING COMMISSION hereby finds that a full and fair public hearing has been held on the proposed General Plan Map Amendment and Zoning Ordinance Map Amendment and the Planning Commission has considered all public comments received thereon, both written and oral; and,
THAT THE PLANNING COMMISSION hereby recommends to the City Council that it adopt said Ordinance amendments and as shown on Exhibit “1” attached hereto.

Planning Commission
Resolution No. 2023-
October 11, 2023
4 The forgoing Resolution of the City of Delano Planning Commission was passed and adopted on the 11thday of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: _________________________
Nancy Garcia, City Clerk
APPROVED: ___________________________
Planning Commission Chairperson
Operational Statement

Site Plan

Hearing Notice Packet

CITY OF DELANO CITY COUNCIL

PUBLIC HEARING
The City Council of the City of Delano will hold a public hearing on Monday, December 18, 2023, at 5:30 P.M., or as soon as possible thereafter, in the City Council Chambers located at 1015 Eleventh Avenue, Delano CA to consider the following project:

General Plan Amendment No. CDP 2023-001, applicant, Vergara Ag Service, Inc., is requesting the Planning Commission adopt a resolution recommending City Council amend the Land Use Element Map of the Delano General Plan from Service Commercial to Industrial and a Zone Change Classification from General Commercial to Industrial on the south end of the crossedintersection of S. Glenwood Street and High Street located at 103 High Street (APN: 422-040-09).

Environmental Review: The project is exempt from CEQA, §15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report was certified.

The project files may be reviewed at the Community Development Department, 1015 Eleventh Avenue, Second Floor; Delano, CA during normal business hours.

Please note that if you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the Secretary of the Planning Commission, at or prior to the public hearing. All comments must be received by the Secretary of the Planning Commission on or before December 18, 2023. All persons are invited to attend and will be given full opportunity to be heard.

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 720-2228 to make reasonable arrangements to ensure accessibility to this meeting.

Telephone No. (661) 720-2228; or via California Relay Service (Hearing Impaired Only) Type of Call MCI California Relay Service Sprint California Relay Service TTY 1-800-735-2929 1-888-877-5378
Voice 1-800-735-2922 1-888-877-5379
Spanish 1-800-855-3000 1-888-877-5381
Speech to Speech 1-800-854-7784

HALL LEONARD D
704 1ST AV
Unknown, CA

ARTESIA HOLDINGS INC
103 HIGH ST
DELANO,CA 93215

ARREDONDO VENTURES INC

UNKNOWN
Unknown,CA 93313

ARTESIA HOLDINGS INC
103 HIGH ST
DELANO,CA 93215

KAY RAYMOND HAIG & THELMA ANNE

FAMILY TRUST
405 FRONT ST
DELANO,CA 93215

KAY RAYMOND HAIG & THELMA ANNE

FAM TRUST
431 FRONT ST
DELANO,CA 93215

DELANO SELF STORAGE LLC
413 LEXINGTON AV
DELANO,CA 93215

ARREDONDO VENTURES INC

UNKNOWN
Unknown,CA 93215

BARRAGAN MARIA REFUGIO
139 GLENWOOD ST
DELANO,CA 93215

ARREDONDO VENTURES INC
149 GLENWOOD ST
DELANO,CA 93215

ARREDONDO VENTURES INC

UNKNOWN
Unknown,CA 93313

OLMEDO JUAN CARLOS
905 BALBOA AV
DELANO,CA 93215

HERNANDEZ ANTONIO M & GLORIA R
909 BALBOA AV
DELANO,CA 93215

GONZALES FMLY REV LIV TR
204 FRONT ST
DELANO,CA 93215

WILKERSON WINDEAL & CYNTHIA A
910 BALBOA AV
DELANO,CA 93215

BELARDO ABE JR & MARY H
906 BALBOA AV
DELANO,CA 93215

BULSECO DEBRA E
214 FRONT ST
DELANO,CA 93215

HERNANDEZ ANTONIO M & GLORIA R
902 BALBOA AV
DELANO,CA 93215

FULFER JUANITA
145 GLENWOOD ST
DELANO,CA 93313

CITY OF DELANO

STAFF REPORT
December 18, 2023
Agenda Item: 18
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Mark D. Hensley, City Attorney
SUBJECT: Proposals for City-Owned Surplus Land Located on County Line Road and Highway 99 and Approval of Exclusive Negotiating Agreement.

RECOMMENDATIONS
Upon review of the three proposals to purchase the City-owned surplus land located on County Line Road and Highway 99 (APN: 410-020-04) (the “Property”), staff recommends that the City Council approve the proposed exclusive negotiating agreement with Deep Real Estate, Inc. (on behalf of proposer Jasveer “Jessie” Brar) to provide 12 months, with one optional six-month extension, for the parties to conduct due diligence and negotiate the terms of a potential purchase and sale agreement to effectuate the Property sale. This time period allows for the purchaser to conduct soils and Property title due diligence, preparation of the necessary land use entitlement documents and the purchase and sale agreement, and the Planning Commission and City Council to review and take action on the proposed project for the Property.

DISCUSSION/BACKGROUND
During the November 16, 2020, City Council meeting, the City Council approved Resolution 2020-56 which designated the Property as “surplus” property under the California Surplus Land Act (Gov. Code, § 54220 et seq.). After completing the mandatory Surplus Land Act offer requirements for certain uses by issuing a notice of availability on December 17, 2020 and receiving no interest from an affordable housing developer, the California Department of Housing and Community Development (“HCD”) authorized the City’s sale of the Property without further Surplus Land Act restrictions through correspondence dated April 16, 2021.

RFP Proposals Received
On September 18, 2023, the Council directed staff to advertise a request for proposals (“RFP”) for the sale of the Property. Based on the City’s Property appraisal, dated September 12, 2023, the property’s fair market value is $440,000. The City received three proposals from developers, as follows:

DEVELOPER PROPOSED USE PROPOSED

PURCHASE PRICE
Jasveer Brar Multi-tenant commercial use, including
Starbucks drive-through and other retail
$610,000

and restaurant uses and complete
renovation of the service station on the
adjacent property which is owned by Brar
Ranbir Bhati Restaurant drive-through $576,900
Bomar Partner Starbucks drive-through $475,000
Recommended Proposal: Jasveer Brar
Staff recommends the City move forward with the highest bidder, Jasveer Brar, for the prospective Property sale process. Mr. Brar owns the parcel of land (APN: 410-020-03) next to the Property and his planned integration of both parcels it into the proposed “Gateway Center” offers a mix of nationally recognized commercial offerings within a more substantial development and the complete renovation of the existing service station on the adjacent property.

In addition to renovating the existing service station on this adjacent property, Mr. Brar proposes the installation of electronic vehicle charging stations and construction of a multi-tenant building on the Property that would include a restaurant and drive-through Starbucks. The proposed integration of the two parcels will provide enhanced ingress/egress and access issues and avoid problems that could arise if the Property was instead developed in isolation.

Exclusive Negotiating Agreement
The proposed exclusive negotiating agreement (“ENA”) would not provide for the sale of the property itself, but would instead allow the City and Mr. Brar time to conduct due diligence and negotiate the terms of an ultimate purchase and sale agreement that would effectuate the Property sale for $610,000.00 (pending escrow and closing). Specifically, the ENA provides 12 months, with one optional six-month extension, for Mr. Brar to complete due diligence (e.g., soil and title review) and the entitlement process (e.g., conditional use permit for drive-through and environmental review) which requires notice and public hearing before the Planning Commission and City Council.

The ENA allows Brar a standard option to terminate which is necessary in case entitlements are not approved or other obstacles arise. It also requires Brar to bear all City development processing costs. To ensure payment of these costs, the ENA requires Brar to deposit $50,0000 in a trust account and augment the account when fund balance drops below $5,000. These costs will be non-refundable if Brar ultimately terminates the ENA.

The ENA makes clear that the tenant mix (and specifically the commitment Brar has from Starbucks) and overall development aesthetics of the Gateway Center are important components of the deal, including the complete renovation of the gas station. If Brar does not complete the Gateway Center development within an agreed upon timeframe, the ENA would prevent the ultimate sale the Property or allow the City to repurchase the from Brar for the same amount Brar pays the City for the Property.

FISCAL IMPACT
NONE

ATTACHMENTS

1. ENA

2. Three proposals received
1 -l EXCLUSIVE NEGOTIATING AGREEMENT
THIS EXCLUSIVE NEGOTIATING AGREEMENT ("Agreement") is made and entered into on December ____, 2023, by and between the City of Delano, a municipal corporation ("City"), and Deep Real Estate, Inc., a California Corporation ("Developer").

RECITALS
A. The City is the owner of certain property described on Exhibit A attached hereto ("City Property"). The Developer owns property adjacent to the City Property which is currently developed with a gas station described on Exhibit B (“Developer Property”). The City Property and Developer Property will sometimes be referred to herein as the “Properties.” B. City and Developer are desirous of exploring the City Property and Developer Property being developed as an integrated project which would include a Starbucks, nationally recognized stores and restaurants as well as the redevelopment and complete refurbishment of the gas station and other buildings and improvements on the Developer Property (the “Project”). A general rendering of the ultimate development of the Properties is attached hereto as Exhibit C. .

C. Developer has made an offer to purchase the City Property for $610,000.00 which may be consummated pursuant to the terms of this Agreement and a subsequent purchase and sale agreement. Developer represents and warrants that it has the financial resources to purchase the City Property at this proposed price and develop the property in a manner consistent with the criteria set forth in this Agreement.

D. City recognizes that the development proposed by Developer would, among other benefits, provide aesthetic enhancements to the Properties, increase shopping opportunities to residents and visitors to the City, enhance employment opportunities, and also generate significant tax revenues for the City.

E. City and Developer wish to work with each other exclusively over the term of this Agreement for the purposes of developing entitlements and/or agreements, subject to the normal City review and approval procedures, which could facilitate the development discussed above.

F. This Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Delano to pursue the course of action outlined in this Agreement. 2 Section 1. Term of this Agreement
The City agrees to negotiate exclusively with the Developer and the Developer agrees to negotiate with the City from the date of this Agreement for a period twelve (12) months (the "Negotiating Period") the terms of and conditions under which the Project might be developed, unless this Agreement is terminated prior to that date as provided herein. City and Developer shall negotiate diligently and in good faith to carry out all of the obligations of this Agreement on or before the times established in this Agreement. The Negotiating Period shall also include the City’s Planning Commission and City Council review and consideration of the Project and potential denial, approval or approval with modifications of the Project.

Notwithstanding the foregoing, the City Manager and Developer shall have the right, but not the obligation, to extend the term of this Agreement for a subsequent period of six (6) months in a writing executed by the parties hereto (collectively "Extension Period"). Any extensions of the term of this Agreement beyond the Extension Periods will require approval of the City Council and Developer. Regardless of whether the Negotiation Period or any Extension Periods have ended, this Agreement will terminate upon City Council action upon the Entitlements (defined below).

Section 2. Project Approvals
Development of the Project is contingent upon approval of various Entitlements (defined below). During the Negotiation Period or the Extension Period, the City and Developer shall cooperate in the preparation and review of the following entitlements (collectively, "Entitlements"):

1. Review under the California Environmental Quality Act;

2. Conditional Use Permit;

3. A statutory Development Agreement; and

4. Purchase and Sale Agreement which would be contingent upon the City’s approval of the above items.

A. The City's approval of Entitlements and the Exchange Agreement are subject to discretionary review and/or approval by the City Council, and the City Council's denial or rejection of any Entitlement required for the Developer shall not be deemed a breach of this Agreement, and shall not give rise to any contractually based legal or equitable remedies by the Developer or City, except as explicitly set forth herein. This Agreement does not obligate the City to approve the Entitlements or give Developer the right to require the City to approve such Entitlements.
3 B. Developer shall have the right to terminate this Agreement at any time prior to consummation of the Purchase and Sale Agreement and shall have no other obligations hereunder except to pay for any outstanding Costs as set forth in Section 3.

Section 3. Costs
Developer shall be responsible for paying all costs associated with preparing and processing the Entitlements, including but not limited to staff, escrow, legal, consultant and legal notices and publication costs (“Costs”). Developer shall deposit $50,000.00 with the City (“Trust Deposit”) within fifteen (15) days of the execution of this Agreement. The City shall be entitled to use these funds to pay for and/or offset the Costs. At any time that the Trust Deposit falls below $5,000.00, the Developer shall, within fifteen (15) days, deposit an additional $10,000 with the City for the Trust Deposit. The City shall on a monthly basis provide the Developer with a detailed accounting of all Costs incurred except for the City’s legal fees for which only a monthly total amount will be provided. Should Developer fail to deposit the amount required by this Section, the City shall have the right to stop all work on the Project and terminate this Agreement.

This Section shall survive the termination of this Agreement.

Section 4. CEQA Review
The parties understand that the Project must be reviewed pursuant to the California Environmental Quality Act (“CEQA”) and that the City cannot predetermine or commit in advance to the level of review that will be required or the outcome of such review. The cost of such review varies significantly depending on the type of CEQA review required.

Section 5. Developer's Obligations
Time shall be of the essence and the Developer agrees to undertake the following actions:

1. Submit all necessary applications for entitlements for the development of the Properties.

2. Undertake design of the Developer Projects and complete such plans as are required to obtain the entitlements for the same.

3. Complete all such other studies and/or materials as are necessary for submittal as part of the entitlement applications for the Developer Projects.

4. Complete all of its due diligence in a timely manner, including without limitation soils and property title investigations and review.

5. Attempt to negotiate the Development and Purchase and Sales Agreement. The purchase price in the Purchase and Sale agreement shall be $610,00.00 in accordance with the bid submitted by the Developer.
4 Section 6. City's Obligations
With time being of the essence, to the extent applicable, City agrees to undertake the following actions:

1. Review and expeditiously process the Entitlement, including the CEQA review.

2. Attempt to negotiate the Development and Purchase and Sale Agreements.

3. Grant the Developer a right of entry for the City Property to conduct soils investigations subject to Developer executing an agreement to defend and indemnify the City for its activities related thereto as well as provide proof of adequate insurance for itself and the consultants conducting such investigations and making the City and an additional insured under such policies.

Section 7. Tenant Mix and Project Aesthetics
The tenants that will occupy and the aesthetics of Project are of paramount concern to the City. Developer represents that it has a commitment from Starbucks for the Project and understands that it will be obligated to work with the City on guaranteeing mutually acceptable nationally recognized restaurants and retail businesses for the Project. Developer also understands that as part of the negotiation process that Developer is committing to making both Properties integrated from a visual perspective and that the existing gas station will be completely renovated consistent with this aesthetic goal.

Section 8. Development Agreement
Developer and City staff shall attempt to negotiate the essential terms of a Development Agreement. City and Developer understand and agree that the Development Agreement will only be considered by the City Council for approval in connection with its review and approval of the Entitlements, as one of the Entitlements. Developer understands and agrees that the Development Agreement will include timelines for the development of the Project and that the Development Agreement and Purchase and Sale Agreement shall contain conditions that provide the City with the option to either not complete the sale of the property or right to retake possession of the City Property, for the same consideration the City received for the sale, from the Developer if the timelines are not met.

Section 9. Non-Assignment
The identity and qualifications of the Developer are significant factors in the City’s 5 determination to enter into this Agreement. Accordingly, this Agreement cannot be transferred or assigned without the consent of the City which it may withhold in its sole and absolute discretion.

Section 10. Lead Negotiators
The City Manager and the City Attorney for the City and Jasveer Brar and Nav Brar for the Developer shall be the lead negotiators under this Agreement with respect to the Project and the Entitlements, provided, however, that the City Council, and its various boards and commissions imbued with reviewing authority over the Entitlements and the Project, reserve the right to consider and approve or disapprove in their sole discretion the Entitlements and the Project.

Section 11. Notices
Any notices pursuant to this Agreement shall be sent to the following addresses:

To City: City of Delano
1015 Eleventh Avenue
P.O. Box 3010
Delano, California 93216-3010
Fax: (661)721-3312
Attention: City Manager and City Clerk
To Developer:

Deep Real Estate, Inc.
2340 High Street
Delano, California, 93215
Attn: Jasveer Brar
Section 12. Integration and Authority to Execute
This Agreement constitutes the entire understanding and agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. The undersigned represent and warrant that they are duly authorized to execute this Agreement.

Section 13. No Implied Rights
All Entitlements and applications therefore shall be subject to review and approval of the City. By its execution of this Agreement, the City is not committing itself to or agreeing to 6 undertake the Project or any other acts or activities requiring the subsequent independent exercise of discretion by the City or any board, commission or department thereof. By its execution of this Agreement, the Developer is not committing itself to or agreeing to develop the Project. There are no third-party beneficiaries to this Agreement.

Section 14. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California.

Any and all legal or equitable disputes shall be filed in the Kern County Superior Court.

Section 15. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties have executed the same page.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.

Deep Real Estate, Inc. City of Delano
_____________________ ______________________
Jasveer Brar, President Maribel Reyna, City Manager
Approved as to Form:
_______________________
Mark D. Hensley, Interim City Attorney
Attest:
__________________________
Nancy Garcia, City Clerk
7 •EXHIBIT A
City Property Description
(To be Inserted)
8 EXHIBIT B
Developer Property Description
(To be Inserted)
9 EXHIBIT C
Conceptual Site Plan
(To Be Inserted)