MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
December 18, 2023
CALL TO ORDER
Mayor Alindajao called the meeting to order at 5:33 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
Offered by Pastor Adrian Areola.
FLAG SALUTE
Led by William Rivera from Cesar Chavez High School band.
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
Finance Director Lara Rios, City Clerk Garcia, Interim City Attorney Hensley, City Engineer Dowling (Via Zoom), Human Resources Director Zamudio, Interim Chief Nicholson, Fire Chief Duncan and Transit Manager Alapisco
PRESENTATIONS AND AWARDS
1. Recognition of Cesar Chavez High School Band – Accepted by CCHS Band and Band Directors Terri and Alex Gonzalez
2. Recognition of Morning Side Elementary Running Team – Accepted by Morning Side Running Team and Coach Pantoja
3. Recognition of Global Sikiran Federation – Accepted by Global Sikiran Federation and Grand Master Hari Osias C. Bannag and Master Emmanuel Bannag
Recess taken at 6:12 PM
Meeting resumed at 6:19 PM
ITEMS FROM THE PUBLIC
1. Christian Cera Cortez, 1625 20th Ave – “I just came here to address the council about sentiments that our community has regarding the mayorship here. I know that the council amongst themselves can be seen quite polarizing to many communities. To be honest its quite disappointing and quite sad to see how our community thinks about our own representatives and how divisive our council has gotten over not just these months but these last couple of years. Through every December the one Mayorship gets brought up. I really sincerely hope to anybody on the council to once and for all put the Mayorship up for election and give people their choice. I know to some of you being Mayor may not give any more special privilege or powers to you, which is true. It’s true but community sentiments really don’t seem that way. I have much respect for everybody on this council and I sincerely hope that everybody on this council gives the people what they want. Thank you.”
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 $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 Motion was made by: Solorio-Ruiz to approved items 1 – 16 on consent; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz / Nunez / Vasquez Nays: None
Absent: None
Abstentions: None
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)
Item 17 was pulled by staff.
REGULAR AGENDA
18) Proposals for City-Owned Surplus Land Located on County Line Road and Highway 99 and Approval of Exclusive Negotiating Agreement
Public comment opened.
1. Anthony Oliveri, applicant Bomar Partners, 9810 Brimhal Rd, Bakersfield, CA – “What a great evening for celebration. So wonderful to see all the kids and participation so what a very proud moment for Delano. It’s great to see that the honorable mayor and fellow council members. I’m the principle with Oliveri Commercial Group and Bomar Partners. I appreciate the opportunity to present information to the council this evening in opposition to the city staff’s recommendation and approving the exclusive negotiating agreement with Mr. Brar. Our activity with the subject property started back in November 2022 when we made our first offer to the City of Delano. We were then told at that point that it wasn’t identified as surplus property working continuously with city staff. We awaited state approval to dispose of the property. We were told the property may be considered for a ground lease. We were encouraged to put information together for council which I think all of you received information about around these opportunities versus selling opportunities. I as well participated in two of the RFP processes that have happened. As all of you I’m sure are aware was one in September where we were the high bidder with our original offer of $375,000. Though we were not awarded the property. Second is the one that we participated in recently and it was suggested that there may be an opportunity for us to speak to staff about the merits of an ENA as well but that did not happen so we were not connected by city staff to discuss an ENA. For the record, I want to share with city staff or as I shared with staff and various council members.
Bomar Partners is willing to pay fair market value for the property, That’s never been a question, we always stated that to staff from day one. We’re committed to guaranteeing that our proposed development will happen under a very specific timeline and under agreed upon conditions between the city our client and us. That’s a commitment to have from us. Standing here this evening on the record Bomar has a track record of completing projects throughout Kern County. We’ve been doing it now for the past 10 years. Our projects range from Bakersfield to Wasco to other parts of the City of Bakersfield that we developed.
Similar projects is what is being proposed with the Starbucks project at County Line. When we deliver our projects it’s always with clients that we’ve had repeat business with on the basis of being on budget, on time, and committing to the community we’re working with that we develop quality project that meets the city’s needs. This is evidence by again the track record and the projects that we’ve completed. Once we start a project we don’t stop. The point of that is that it is not our intent to acquire the property and not develop our project. It is our commitment to the city to not sit vacant if we’re chosen as the applicant that’s going to buy the real estate. Again, our point is that we want to work closely with the city, work closely with the staff, work closely with the council and developing a project everybody finds acceptable for the community. We have a couple bigger concerns that I wanted to address, one is our interest in the property from the inception again has been with the intent to develop a Starbucks. The information that we were requested to produce in the first RFP per city staff’s requirement was to disclose who our intended user was for the project, which we did. Though reluctant to disclose that information because it’s not ready for public distribution. However, the city RFP process stated that information would be held confidential. In fact, paragraph 4 of that agreement says “Each proposal is considered confidential until an agreement is finalized. After the agreement is finalized, proposals and agreements are available for public inspection.” Unfortunately, we never reached the point of an agreement though our information was disclosed to the public which enabled others to then take that information to their advantage and to our disadvantage.
Unfortunately that has put us in a point of risk in this project as well as our client because of the breach of confidentiality and the releasing of that information prior to when it should have been replaced. Another significant point that I want to bring up is that under the current staff report that was issued it states in the staff report that “ENA makes clear that the tenant mix and specifically the commitment Mr. Brar has from Starbucks” and it goes on to state “is an important component of the deal.” Now that’s from the city staff report that was issued on Friday. In the ENA, in paragraph 4 section 7, under tenant mix and projects, it says “developer represents that it has a commitment from Starbucks for the project.” I’m here tonight to tell you, I’m the only developer that has a commitment from Starbucks on this project. I’ve confirmed it with their real estate broker and their director of real estate. It’s in writing, I can share it with those that would like to see it at the appropriate time. I can produce evidence from the broker who submitted it to me.
My position is we’re the only people, we’re the only company that has been given the authorization to develop this project by Starbucks. During the September 18th Council meeting it was referenced many times about fairness or the lack thereof because of the perception of the RFP process that had happened up to that point. Now we’re faced with a set of circumstances with regard to fairness being considered is one aspect. So, I ask in fairness to Bomar breaching confidentiality, breaching confidential information that put us in this position we’re in today. Is that fairness to Bomar Partners? Is it fairness to allow our competitor to represent to the city that he’s representing Starbucks which is our client? I would say not, so I’m asking to reject staff’s recommendation to enter to the ENA with Mr. Brar on the basis of the information I’ve shared. The fact that this will inhibit the ability for Starbucks to be built at an economic level and for the right purposes we intended. As I stated Bomar Partners is committed to working with the City of Delano on any level that we can. We just ask that we have an opportunity to sit down and negotiate a fair and honorable agreement with the City. Thank you.”
2. Jasveer Brar, applicant – “Thank you council members, thank you for the opportunity to speak. A company that has been recommended in the staff report. We were there last time we just want to take a moment to say thank you for, we believe the process was fair we were told last time that you know city is looking for the highest bid which ours is the highest bid. As far as Starbucks, Starbucks is you know interested as far as the approval. They are interested in the property, they don’t care it’s the city of Delano, Brar, Bomar, or anybody else. They have approved the property and whoever gets the property will be the person that’s talking to Starbucks. I just want to make it clear. We have a gas station right next door. It helps the traffic flow if we enter, if we share both of the land together. Even before this the property without this process to the previous gas station owner. We have made the entire proposing showing what our intentions are. We are part of Delano, we do business, we serve Delano customers on a daily basis and we have every intention to not only develop the side portion, we have every intention as agreed upon to develop the gas station as we agree with the same. I just want to thank every single one of you, thank you for the consideration.”
3. Anthony Cortez – “Mayor, Vice Mayor, City Council sounds like we got a big problem here, we need to straighten out but just kind of a good thing because it comes to my point that if we develop this area which I know we will in the future. We really need to look at the environmental impact that it’s going to cause. I am a field technician and so I’m all over the county working. I have customers in Richgrove, Earlimart Area and I get up at 3:30 and a lot of times I come in from out there on Avenue 8 or Countyline Road. At that time there is a big bottleneck, there’s traffic backed up almost all the way to the Brandywine apartments. In this development what we really need to do or really need to think about in the future too when we develop our city is stoplights. That’s going to eliminate this bottleneck. Is that in the proposal? Is that something that the city’s looking at? Is that something that the buyer is responsible for? I don’t know how that works, is that state funded, county funded or what? When we need stoplights in our town because we need them big time, we’re developing fast but we really need to look at those stoplights going up almost first before we start developing. I just want to point that out because it’s going to get worse if we don’t have any once that’s developed and we don’t have any stoplights. It’s going to get really bad so just wanted to point that out”
Public comment closed.
Vasquez: “I have questions for the attorney. I don’t know if you have any answers but one of the things that got brought up by our first speaker is that something that we should be concerned of in regards to breaching confidentiality and now projects being now picked up from another person. What does that mean to us as a council moving forward?”
Interim City Attorney Hensley – “I have looked at that and you never say someone’s not going to bring a lawsuit. I mean, that’s always a potential. I asked Mr. Oliveri’s attorney in a conversation. What the legal theory would be about pursuing the city and she did not respond to me as far as providing any information.
I was not here at the time that this process occurred. There was no way that that agreement could have been kept confidential as far as the information because the council had to consider it ultimately in public before it could award any agreement. So, I think that is was confusing. I don’t know what else to say about it. But it was going to have to get disclosed publicly before a project could get approved and because there are things that need to occur before the transaction can be finalized. For instance, the last speaker who brought up the issue of traffic. As part of this process, there is going to need to be an environmental review of project that is proposed and that will include things like traffic, air quality, etc. All of that is needed to be done as part of this process. So, what staff is recommending is this exclusive negotiation agreement is that bridge to allow the city to work with the developer. They have to deposit $50,000 so that studies can be performed as far as the environmental issues, the documents, degree can be drafted up and all the details can be potentially worked out. And then all if that will be brought back to the Planning Commission and the Council for consideration. So that process was going to need to occur. I don’t understand how that could have been kept confidential. So while that word was in the agreement, or the, I wasn’t agreeing with an RFP, this process needed to be done publicly, which is being done. So that’s my only response to that.
Really I cant guarantee they’re not going to sue. I think that they have meritorious lawsuit. As far as feeling like they put a lot of time and money into a project and then ultimately someone else came along. You know, the highest bidder, that’s what staff looks at. They are the highest bidder by quite a bit. I mean, $610,000. That is the process resulted in that amount. It increased by over $200,000 for the sale price. This buyer owns the property next door, staff senses that this will result in that service station being renovated into a bigger project. It will be aesthetically more pleasing. They can make the traffic flow work better on site. They are agreeing to bring in more nationally recognized tenants. Looking at all those factors, staff is recommending that the council enter in this ENA with Brar so that this process can start. Does that answer your question?”
Vasquez – “I am going to be honest, it’s a yes and no because I wish being confidential was not in there and we were just forthcoming with all the applicants.”
Solorio-Ruiz: “I want to start off by thanking both applicants for being here. I know there's other applicants on the page, but thank you both for being here today. I want to start off by saying that the reason that we went back in our decision before opening it back up to an RFP was I think it was intentional to be fair. I want to apologize to Mr.
Olivari for you not feeling like this process wasn't fair because that was not our intention, at least the council and I would assume as well city staff, but I do have some questions for whoever can answer them for this project. I think tonight, like I said before at the previous meeting tonight, we're here to make a business decision. But I think one thing we can also agree on is yes, the amount is important, but it's also about what's going to happen in that area and what can we have in a sense promised, even though I know there's very little that we can upkeep in contracts, et cetera. I have a couple of questions, I think also touching on council member Vasquez's comments, I think I would say Mr. Hensley, in previous work that you've done, is that something like Mr. Oliveri shared about confidentiality? Is that something that you have seen in previous councils before when they've received RFPs where it is kept confidential or is it, like you said, it's kind of like eventually it will come out to public because we do have to debate it and talk about it and build on it.”
City Attorney Hensley – “Generally if there's some sort of confidentiality provision in them, it is about perhaps the financial information about the developer or the party that wants to do business with the city.
And that has to be done very carefully as far as even keeping that information confidential or perhaps there's a time period while the staff is looking at the proposals that'll be kept confidential. But the idea that it would be confidential up until after the agreements were signed and approved, no, I've not seen that. Not for, I mean other than a settlement agreement. When you're talking about litigation, which is permitted under the Brown Act, then yes. That's the only time that you see that generally.” Solorio – Ruiz – “Thank you for that response can you explain to me what the process of communication was to some of the applicants? As I heard from the comments, I think Mr. Oliveri tried to reach out about an ENA and city staff wasn't responsive. Can you explain to me what exactly that is and what happened? Is that normal that we don't respond back when there's an RFP going on and negotiating, et cetera?” Interim City Attorney Hensley – “I can explain starting as of October of this year, I wasn't here before that, but I did have several either two or three conversations with Mr. Oliveri’s legal counsel. I believe the city manager had at least one or two conversations with Mr. Oliveri since I've been here. One, it was discussed that depending on how the proposals came back, that perhaps we would talk with the applicants if they were all very close as far as the price and depending on what the uses were being proposed, that there might be some need to talk with the different proposers. After looking at them and seeing the significant differential between particularly Brar and Bomar’s proposals on the purchase price and then the fact that Brar has the property next door, looking at that information, it didn't seem like we'd be wasting the other proposer's time because it just seemed to staff to be clear to go with Brar at that point in time based upon those details. I did reach out to Mr. Oliveri’s counsel last week so that they would know this was coming and what the staff's recommendation was, so they would not be surprised.” Solorio – Ruiz – “Thank you. I saw that Mr. Oliveri shared a page of Starbucks confirming that they will be able to do business there and build there. I do want to ask if Mr. Brar also has the same thing, or is it just kind of like an idea that potentially we will build a Starbucks there or is it a confirmation? That's one question. Another one is, Mr. Barrar, if you can also explain, by the way, thank you for your interest in it because you are from Delano and you're here locally and I think we also want that. But I do want to ask as well if you can maybe explain a little bit about your previous developments. How soon have you developed before on previous projects, if you have any. So the first question being that if you have a confirmation from Starbucks or is it simply an idea? We can start off there.” Jasveer Brar, Applicant from Deep Real Estate Inc. - “Starbucks is approved it’s whoever gets the property. For example, if the City of Delano wants to bring a Starbucks, they can because they approve the property. They don't approve who has the property, they don't care who had the property. If we are the finalist bid, they will come with us. If Bomar is the finalist bid, they will go with them because Starbucks doesn't care who they're dealing with. Starbucks simply cares that we like this site, our demographic traffic, and our demographic fits the criteria where they want to be. I can tell you without a doubt that Starbucks is going with whoever gets the property. I hope that answered your question.” Solorio-Ruiz – “To clarify, do you not or do you have the confirmation page that Mr. Olivari has?” Jasveer Brar, Applicant from Deep Real Estate Inc. – “I do not have same confirmation paper that Mr.
Oliveri has, but we are fully aware that our broker has shown that if we have the property, we'll get the Starbucks.”
Solorio-Ruiz – “Now touching on the other question of previous developments. Can you explain a little bit about the developments that you've had previously and how soon you've got them up and running?” Jasveer Brar, Applicant from Deep Real Estate Inc. – “We have submitted to the council all our previous developments. We have done AMPM, Mister Carwash with our developing partners. We have done four AMPM’s, we have also done a couple of fast food places. We are fully aware of what we are getting into. We have a commitment that we must follow with the city. It's not that we want to give 50,000 and not do anything with the property, that's not our intention. Our intention is to do the entire gas station renovation as agreed and bring the national franchisee to that side.” Solorio-Ruiz – “I know Mr. Oliveri’s and Bomar’s potential Starbucks is specifically drive-through only.
Do you know what yours will be? Is it you go in, you buy your Starbucks inside and also drive through? Or is it just drive-through?”
Jasveer Brar, Applicant from Deep Real Estate Inc. – “It will be both drive-through plus the sitting area. We want our children, people, and we want Delano to enjoy. It's not just for the passing by traffic. We want the customers that come daily. We care more about them, more about the farmers that come daily.
That’s why they have the option to go drive-through if they don't have time or they have the option to sit, enjoy wifi, meet with each other, it'll be both options.” Solorio-Ruiz – “Those are all the comments I have. I don't know if my other colleagues have any, but my final comment is I think in the beginning, Bomar’s project looked more ideal because it was drive-through only. I think Pastor Cortez and his comments on making sure we are critical of the traffic. I think it's different components, in my opinion, to this decision that we have to make tonight. It's the component of the amount, of course, as a city, we're a business, we have to act like it. Number two is the idea of it, I think quite frankly, in my opinion, I think Mr. Bomar has more confirmation because of that page or the documents that they have. Then I would say the third would be that it is drive-through. It's important to take all that into consideration, but we'll see where the majority of the council lies. Thank you.” Nunez: “Some of my questions were answered already and my questions are to both developers and any developer, if this gets approved to whoever we go to, what is the timeline that they have set up to get this done? Are we waiting on 18 months, 24 months, 36 months. Whatever project we're getting, does it look good? Is it attractive and is inviting to our city? We talked about impacts, traffic impacts and any other impacts we have. I know we have Caltrans we have to deal with in that area. Are all these projects, is that taken into consideration with Caltrans? I know Caltrans doesn't like coming in or out of that area. I know we had an issue when the city first built the police department out there, and that was one of the biggest issues they had is that specific corner with traffic coming off and onto the freeway. As far as both or any of these developers, are they fully funded, ready to go tomorrow?” Interim Attorney Hensley- “Regarding your question about the timing, part of that will be dependent upon the level of environmental review. That is if an initial study is performed as to what the potential impacts of this project are. That will then lead to a determination as to whether it could be a negative declaration, a mitigated negative declaration, or an EIR. That will be a step in that process. That is usually the SEQA part of the process that dictates how long it could take. I would say this could be back in front of the planning commission within a time period of six months to perhaps a little over a year. That's just to get through the process. Then from there, there's the construction time period. The developers can speak for themselves, but what we intend to put in the agreement is an outside timeframe by which this will be done and more of a 24 to 36 month time period for them to be building and getting this thing open. Part of this will be the timing aspect of it as far as the projects. It is a matter of what you find attractive, staff is recommending Bomar based upon the mix and the renovation of the service station. Then your last question is are they ready to go? Well, they say they are. They're going to put a lot of money into this. I mean, the first thing they have to do is write a check for $50,000 to the city so that this process can begin. I would hope they would be serious given that they're putting some serious money up upfront. As far as when they sign the agreement if its Bomar then they're going to need to create the commitment from Starbucks as part of signing that agreement because they're representing a warranty that they have that commitment. We're going to look at getting this document executed soon. Certainly within the next couple, two or three weeks, that document will get executed. If they sign it, they're committing that they've got that commitment.” Morris: No comments.
Alindajao: “I have a few just comments. I think at the end of the day, I do not doubt that Mr. Brar and Mr. Oliveri and all the applicants would put together a good project. I do have a little bit of concern with Mr. Brar’s project only because we started at the first bid about $200,000. His next bid, I think added about $300,000 to $400,000. I'm not super concerned but this does raise a little bit of caution in me as to whether that's a viable project given the increased amount of money they're paying for the property. To me this is about fundamental fairness and that words matter. You started off a process back when the first bid came out to the highest bidder. At the time what the council knew is you got to give it to the highest bidder. That's what the law said. That's what we were told the law said and we were ready to follow the law. Then something happened. I know that Mr. Oliveri and his group were the highest bidder at the time. Then of course there is an RFP agreement that this will remain confidential. Starbucks is basically hired guns, if you got the property, they're coming and they'll deal with whoever. I'm not so much impressed that it's of no significance that one developer can bring Starbucks as well as another developer.
Starbucks doesn't care. The fact that confidential information was disclosed at the time of the first bid certainly gives competitors an advantage. There's a reason why it's to remain confidential. Now, to the extent that some of those conversations could have been held in closed session, potentially in terms of revealing what those projects are.
Remember back during the first bidding process, we were told to not consider the merits of the project. I don't even want to know what's going to go there. We have really no control over that. Our job we thought was going to be simple, come in here, award the contract to the highest bidder, and then move on with our lives. For whatever reason, that was not the case. Instead, we rejected all the bids, reopened the bidding process again to the highest bidder. Now everybody sort of knows what each other's intentions are and can use that. In my estimation, that's just fundamentally unfair, not just to the Oliveri group, but to the rest of the project managers or project applicants that were part of that first RFP. To me it's about, if we say in our RFP that we're going to keep this information confidential, then we should do exactly that, keep it confidential, and if there's a reason to disclose that information, that should be at least discussed with the parties and the applicants that are applying. So to me, this really a decision is about fundamental fairness. In my estimation, I think the Oliveri group should be awarded this project.
They were the highest bidder and they played by the rules. Now there was some discussion made about their supplemental bid that came in, I think at a day or so before. I think their bid price went up higher. Nevertheless, their first bid price, notwithstanding the supplemental bid, their bid, they were still the highest bidder in that first RFP process. So this is to me about fundamental fairness and I think the Oliveri group should be awarded this project.”
Morris- “What about the project itself? Basically, I understand that he may come in, but if you like Mr.
Brar’s project better and what he has presented to the aesthetics of our community and the entry coming into our city.”
Alindajao – “I agree that I think all of their projects are going to be beautiful projects. I think that the trouble that I have is how we got to this place. If we would've followed the law then as it was told to us, we would have never even considered the projects. We would've just went to the highest bidder. That's what we were told the law requires. That changed to now consider the merits of each project.
Morris – “Again, we didn't know what the assessment was for that property at the time that they put or placed the bid in.”
Alindajao – “That's my issue with the whole process. It wasn't the cleanest project, it wasn't the fairest project in my estimation. I think we can do better. If fairness means something, if words matter, then Mr.
Oliveri's group should be awarded the contract.”
Interim City Attorney Hensley – “If the council wants to go with Bomar, then what my recommendation would be is that then we would take that and then go meet with Bomar because there will be an issue of prevailing wage potentially applying to that project.”
Motion was made by: Morris to approve item 18;
2nd by: Nunez
Vote: 4-1
Ayes: Morris / Nunez / Solorio-Ruiz / Vasquez
Nays: Alindajao
Absent: None
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Council Member Solorio-Ruiz – “I attended the Delano PD Shop with a Cop. I want to thank our Delano Police Department for hosting the Shop with a Cop. I saw some of our colleagues there and it's always good to give back this holiday season. I also want to give a shout-out to those who participated in our second annual toy giveaway at Emmanuel’s Furniture. I know Vice Mayor Morris was present, but I do want to shout out the donors who donated toys such as Garcia's, United Way of Kern, YK America, Athletics, Tacos Humildes and as well as others who participated. I know the Kern Literacy Council also donated a hundred books, and so that's always good. I appreciate that their generosity during this holiday season. I also recently attended a meeting with the Delano Elementary School District for the approval of a donation for a book vending machine that the current literacy council and a young gentleman named by Carter Beardsley, he teamed up with the current literacy council and also Era Energy to basically purchase a vending book machine that will be placed in La Vina also in coordination with Harvest. Shout out to them for the work that they're doing in the vending machine for books like we know our literacy rate isn't that great. It's always good to promote for young people to read at an early age. Other than that, I just want to wish everyone Happy Holidays and Merry Christmas. This year has been a great year. I think there have been challenges, there's been debates and commonalities that we share, but at the end of the day, I think I always say that we all have the similar thing in common, which is we all want to make our community better. So I'm excited for next year it's going to be bigger, better. Thank you to city staff as well for all the work that you do in assisting us in all of our questions and curiosities.”
Council Member Vasquez: “I want to say thank you to Teacher Gonzalez from Almond Tree Middle School for letting me be a part of sponsoring a Christmas tree for family and decorations for the senior dance. I want to thank the first responders program from Bakersfield College for giving two donation baskets, Delano Skilled Nursing Home for also donating, Lucy Lara from the city of Delano and Gina Martinez. Viviana, I'm going to put you on the spot because I wanted to hear about the tour in regards to the lights that's going to be this week. I appreciate it, my family and I did it last year and I thought it was a great event for families here. It's not expensive, it's only a couple of bucks and the city provides a tour to watch the lights here in town.” Transit Manager Alapisco – “I'm with the Transportation Department for the City of Delano. We are having our 13th annual Christmas Tour De Lights on December 19th, 20 and 21st, which is tomorrow, Wednesday and Thursday. Our first tour starts at six, the second one at seven. After that, you would have the opportunity to have cookies and hot chocolate. Santa will also be there, you can take pictures with Santa for $3. Our rides are 50 cents for children, K-12, 0-18 years old, and $1.50 for anybody, an adult.
It's on a first paid first come service. We have been pretty busy selling tickets already on Tuesday. We still have a few slots available for the 6:00pm run. We have 13 on bus one and 21 on bus two. We have bus one with four seats and bus two at 12 seats for the six o'clock show for the run at Bus two only has three seats.
We're hoping not to bring a third bus, but if I have to drive, I will be willing to drive. Thursday, our last night, we have bus one for the six o'clock. We only have two seats left. Bus two is fully sold out and the 7:00 PM bus one and bus two each have 10 seats. So we are getting a lot of people that are coming to buy tickets. So hurry up, get your ticket so you can see the run staff has already done a route and we're always changing. Of course, we have to be out at night to do a route to see where the best lights are at. Thank you very much and come get your tickets.”
Council Member Nunez: “I have a request for staff to place on the next agenda, the authorization for city staff to initiate a marketing campaign for the city to include the attendance of the ICSC in 2024. Then the only other thing I have is Happy Heavenly Birthday to my mama, four years yesterday.” Mayor Pro Tem Morris: “I just want to thank our community for being so giving and volunteering their time this holiday season. I see a lot of people out there, and I know you guys are exhausted because you're moving from one place to the next place. We are appreciative that you're there to make things happen in our community. As I go out to ask for donations for the seniors and stuff so many people are so giving. They make certificates and more. So appreciative of our giving community. Thank you and Merry Christmas to all of you.” Mayor Alindajao: “Thanks everyone for coming out to a really nice Christmas parade, super long Christmas parade I might add. I think we got 106 entries or something, some ungodly amount. It was great. I mean, the kids enjoyed it. We had a good time. We're working the ways to maybe improve it a little bit, maybe separate the Christmas tree lighting and the parade, try something different. It was a fantastic turnout. It still is the city's number one Christmas parade of the year. I always look forward to it. I did travel to Washington DC last week to meet with Congressman and his staff, Congressman Valadao, I don't know if anybody knows, but the city's requesting about $7 million for well repairs and maintenance that we desperately need. It's $7 million, that doesn't have to come out of the taxpayer's money necessarily out of city of Delano taxpayers. What I was told and briefed on was that it did pass the appropriations committee, which is the most difficult part if you understand a little bit how Congress works and bills. It's come out of the appropriations committee, and it's been approved. So now it's just a matter of going to the Senate. Sometimes it gets, actually six of the $7 million was approved. But what I'm told by the congressman's office is that in many instances, those bills head to the Senate. Sometimes they get padded and they might increase maybe up to 8 million, we don't know. But the only step now is going to the Senate then going on to President for the signing of the bill. It's not a hundred percent certain, but it's pretty darn close to it. We're looking forward to having that money that's going to be a shot in the arm for the city for well repairs, especially as the city expands and businesses expand the community. Other than that, I just wanted to say Merry Christmas to everyone. Happy New Year. Please be safe. Spend time with your family. Hug them real tight. Give them a kiss. Don't drink and drive. And try to keep sweets to a minimum.”
Moved for Closed Session by: Solorio-Ruiz 2nd by: Morris Time: 7:10PM
Vote: 5-0
Ayes: Alindajao / Morris/ Nunez / Solorio-Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
The City Clerk was excused. Finance Director Lara Rios was appointed as Acting City Clerk. Human Resources Director Zamudio and Interim City Attorney Hensley were present.
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
Moved for Open Session by: Alindajao, 2nd by: Solorio-Ruiz Time: 7:24 PM
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
RETURN TO GENERAL SESSION
Action: No Reportable Action
ADJOURNMENT
Moved by Council Member Alindajao, seconded by Solorio-Ruiz, and unanimously carried 5-0 to adjourn the meeting at 7:24p.m.
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Nancy Garcia, City Clerk