Researched competitor services and trends for analysis of marketing strategies.
Education
BS, Geography, California State
University, Fullerton
Certifications
Geographic Information System (GIS)
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4+
CITY OF DELANO
STAFF REPORT
February 5, 2024
Agenda Item: 24
______________________________________________________________________________ TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Danielle Monsibais, Interim Community Development Director SUBJECT: Introduction and first reading of an ordinance of the City of Delano amending Section 20.2.180 (Appeals) of the Delano Municipal Code which would apply citywide. The proposed Zoning Text Amendment would, among other things: (i) establish a $500.00 filing fee for any person electing to appeal a decision of the Community Development Director or the Planning Commission; (ii) clarify that the City Council, on appeal, may reverse, affirm in whole or in part, and/or modify or attach new or additional conditions to the decision appeal from; and (iii) prohibit a person from reapplying for a denied project for a period of one year unless the Community Development Director determines that the application is materially different from the project that was previously denied.
______________________________________________________________________________ Recommendation
Staff recommends the City Council take the following actions:
1. Conduct the Public hearing.
2. Introduction and First Reading of Ordinance Amending the Zoning Text Amendment to Section 20.2.180 (Appeals) of the Delano Municipal Code.
Text Amendment to Section 20.2.180 (Appeals)
Staff recommended the following revisions to Section 20.2.180 (Appeals) of the Delano Municipal Code to establish a required filing fee and additional clarification for future appeals to the Planning Commission on December 13, 2023. The following recommended clarifications are shown in underline and strikethrough below:
1. Appeal of Action.
a. Any person may appeal a decision of the Community Development Director to the Planning Commission where the Community Development Director's decision would otherwise be final.
b. Any person may appeal a decision of the Planning Commission to the City Council where the Planning Commission's decision would otherwise be final. 2 2. Filing of Appeals. Appeal application forms shall be made available at the office of the Community Development Department to all persons wishing to appeal an action included in this Title. Appeal applications and filing fee of $1,000.00 shall be filed with the Community Development Department within ten calendar days following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday or on a Friday, Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals shall be forwarded to the City Clerk by the Community Development Director.
3. Notice of Appeal Hearings Notice. Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Community Development Director decision, notice shall be given pursuant to Section 20.2.140 of this Chapter.
4. Effective Date of Appealed Actions. Except as otherwise provided for in this Title, an action that has been appealed shall not become effective until a final determination is made by the appropriate decision making body.
5. City Council Action and Findings. The City Council may reverse, affirm wholly or partly, modify or attach other or additional conditions to the decision appealed from. The decision of the City Council shall be final and conclusive.
The City Council’s final determination of an appealed action shall not be re-applied with the Community Development Department for a period of one year, unless there has been a substantial change to the proposed project determined by the Community Development Director.
Planning Commission Action
During the discussion, the Planning Commissioners came to a mutual consensus regarding the proposed filing fee as they believed the filing fee was too high given there has not been a preestablished fee prior. The Planning Commissioners suggested starting the filing fee at $250.00 instead of the proposed $1,000.00 would allow the community the opportunity of exercising their right to an appeal. The Commissioners further added in the recommendation that the $250.00 fee be effective on July 1, 2024, and increase by $100.00 annually on July 1st thereafter, but not to exceed $1,000.00.
Staff has shown the Planning Commissioners recommended changes below:
2. Filing of Appeals. Appeal application forms shall be made available at the office of the Community Development Department to all persons wishing to appeal an action included in this Title. Appeal applications and filing fee of $250.00 shall be filed with the Community Development Department within ten calendar days following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday or on a Friday, Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals shall be forwarded to the City Clerk by the Community Development Director.
The filing fee will be effective as follows:
Cost of Filing Fee Effective Date
3 $250 July 1, 2024
$350 July 1, 2025
$450 July 1, 2026
$550 July 1, 2027
$650 July 1, 2028
$750 July 1, 2029
$850 July 1, 2030
$950 July 1, 2031
$1,000 July 1, 2032
CEQA Determination
The proposed Zoning Text Amendment is exempt from review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment. In addition, the proposed Zone Text Amendment is statutorily exempt from CEQA pursuant to Title 14, Section 15273(a) of the California Code of Regulations.
Fiscal Impact
The fiscal impact would be the recovery of costs due to the appeal rights of applicants.
Attachments:
Draft Section of 20.2.180 Appeals
Draft Section 20.2.180 Appeals
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF DELANO AMENDING CHAPTER 20.2.180
APPEALS
The City Council of the City of Delano, California, does ordain as follows:
Section 1. Title 10 of the Delano Municipal Code is hereby amended Chapter 20.2.180 as set forth in Exhibit “A” attached hereto.
Section 2. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase of the Ordinance in spite of the fact that any one or more or the same be declared unconstitutional or invalid.
Section 3. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance 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 20th day of February, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ___________________
Nancy Garcia, City Clerk
APPROVED: _______________________
Joe L. Alindajao, Mayor
Exhibit “A”
20.2.180 - Appeals.
1. Appeal of Action.
a. Any person may appeal a decision of the Community Development Director to the Planning Commission where the Community Development Director's decision would otherwise be final.
b. Any person may appeal a decision of the Planning Commission to the City Council where the Planning Commission's decision would otherwise be final.
2. Filing of Appeals. Appeal application forms shall be made available at the office of the Community Development Department to all persons wishing to appeal an action included in this Title. Appeal applications and filing fee of $250.00 shall be filed with the Community Development Department within ten calendar days following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday or on a Friday, Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals shall be forwarded to the City Clerk by the Community Development Director. The filing fee will be effective as follows:
Cost of Filing Fee Effective Date
$250 July 1, 2024
$350 July 1, 2025
$450 July 1, 2026
$550 July 1, 2027
$650 July 1, 2028
$750 July 1, 2029
$850 July 1, 2030
$950 July 1, 2031
$1,000 July 1, 2032
3. Notice of Appeal Hearings. Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Community Development Director decision, notice shall be given pursuant to Section 20.2.140 of this Chapter.
4. Effective Date of Appealed Actions. Except as otherwise provided for in this Title, an action that has been appealed shall not become effective until a final determination is made by the appropriate decision-making body.
5. City Council Action and Findings. The City Council may reverse, affirm wholly or partly, modify or attach other or additional conditions to the decision appealed from. The decision of the City Council shall be final and conclusive.
The City Council’s final determination of an appealed action shall not be re-applied with the Community Development Department for a period of one year, unless there has been a substantial change to the proposed project determined by the Community Development Director.
CITY OF DELANO
STAFF REPORT
February 5, 2024
Agenda Item: 25
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 City Council to concur with the Planning Commission and adopt a resolution to 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 crossed-intersection of S. Glenwood Street and High Street located at 103 High Street (Assessor Parcel Number: 422-040-09)
RECOMMENDATIONS
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:
a. Amendment to the Land Use Element Map of the General Plan b. 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
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 applicant has plans to expand the operations and increase the number of employees once the 3 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 13 days prior to the public hearing. In addition, a Public Hearing Notice was published 11 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, shall not require additional environmental review, except as might be necessary to examine whether there are project specific effects which are peculiar to the project or its site. In addition, the proposed designations will continue to be consistent with the intent of both the existing zoning and general plan designation.
Analysis
Approval of the General Plan Amendment and Zone Amendment allowing for industrial use of land designated 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
Draft Planning Commission Resolution No. 2023-10
Operational Statement
Site Plan
Public Hearing Notice Packet
City Council Ordinance
Ordinance 2024-
CDP 2023-001
1 ORDINANCE NO. 2024 -
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 20th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Nancy Garcia, City Clerk
SIGNED AND ADOPTED this 20th day of February 2024.
_________________________
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
Draft Planning Commission
Resolution No. 2023-10
Planning Commission
Resolution No. 2023-
October 11, 2023
1 CITY OF DELANO PLANNING COMMISSION
RESOLUTION NO. 2023-
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
Planning Commission
Resolution No. 2023-
October 11, 2023
5 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
Operational Statement
Site Plan
Hearing Notice Packet
CITY OF DELANO PLANNING COMMISSION
PUBLIC HEARING
The Planning Commission of the City of Delano will hold a public hearing on Wednesday, October 11, 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 October 11, 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
February 5, 2024
Agenda Item: 26
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
Prepared by Mark D. Hensley, City Attorney
SUBJECT: Potential Ballot Measures on the November 2024 Election to Establish the Office of an Elected Mayor
RECOMMENDATIONS
Direct staff to draft documents to place the ballot measures on the November 2024 Election necessary to establish the office of Elected Mayor.
DISCUSSION/BACKGROUND
The City Council is currently organized under the default state law organization for general law cities in which the City Council selects one of its members to serve as Mayor (Gov. Code, § 36801.)At the December 2, 2023, Council Meeting, as part of the selection of the Mayor and Mayor Pro Tem, several Council Members stated that they wanted to potentially have the voters instead decide who should serve as Mayor of the City. At the January 15, 2024, Regular Council Meeting, the Mayor requested this issue be placed on the February 5, 2024, Regular Council Meeting for Council discussion.
Accordingly, staff is seeking direction as to whether Council wants staff to proceed to prepare the documents to place this matter before the voters at the November 2024 election. If so, the staff will present the documents to the Council at the same time that staff brings forward the resolution calling for the November 2024 election.
Government Code Section 34900 through 34906 provide for the process of establishing and having an elected Mayor and related matters. The process would consist of placing three ballot measures on the November 2024 election asking three questions in the following required form:
1. “Shall the electors elect a mayor and four city council members?”
2. “Shall the term of office of mayor be two years?”
3. “Shall the term of office of mayor be four years?”
The first measure would have the voters decide by a majority vote whether to have an elected Mayor or not. The next two measures ask, in the event that the voters approve the office of an elected Mayor, whether the voters want the Mayor to serve a two-year or four-year term. Of
these two ballot measures, the measure receiving the most yes votes will determine whether the Mayor will serve a four or two-year term.
If a majority of the voters approve of having an elected Mayor, then the first time that the office of the Mayor will appear on the ballot will be in the next regularly scheduled general election in November 2026. Thus, at that election there would be the office of the elected Mayor and one council member office on the ballot. If the Council that is in place after the 2026 desires to even out the number of council members offices on the subsequent election in 2028, it can do so by either designating one of the council offices on the ballot as only serving a two-year term or state on the ballot that the council member that is elected but receives the fewest number of votes shall only serve a two-year term.
The powers of an Elected Mayor do not differ materially from those of the current Mayor selected by the Council. Government Code Section 34903 provides, “The mayor is a member of the city council and has all of the powers and duties of a member of the city council.” However, there are two slight differences pertinent to the Elected Mayor as follows:
• An Elected Mayor may draw a salary in addition to the salary established for City Council members if approved by the Delano voters or City Council ordinance (Gov.
Code, § 36516.1.)
• An Elected Mayor makes appointments to boards, commissions, and committees, however, appointments still require majority City Council approval (Gov. Code, § 40605.)
Note that, even if the voters choose to designate the Mayor’s office as an Elected Mayor, the City Council would still appoint the Mayor Pro Tempore when general municipal election results are declared (Gov. Code, § 34905 & 36801.)
FISCAL IMPACT
The staff anticipates that the County Registrar's Office will impose a per ballot measure fee. Staff has inquired about the amount of the fee and has not received this information yet from the County.
CITY OF DELANO
STAFF REPORT
February 5, 2024
Agenda Item: 27
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
Prepared by: Mark Hensley, City Attorney
SUBJECT: Report from the City Manager and City Attorney regarding the proposed rent control and eviction control measure filed with the City Clerk on December 11, 2023. Consideration and possible action to direct staff to undertake further analysis of the proposed measure, including an analysis of the potential effects of the measure pursuant to Elections Code section 9212.
Staff Recommends the City Council take the following actions:
1. Receive and file report from the City Attorney regarding the proposed rent control and eviction control measure filed with the City Clerk on December 11, 2023.
2. Consideration and possible action to direct staff to undertake further analysis of the proposed measure, including an analysis of the potential effects of the measure pursuant to Elections Code section 9212.
3. Alternatively, take other related action as directed by Council.
Discussion
On December 11, 2023, proponents Yolanda Vega and Guadalupe Martinez filed a Notice of Intent to Circulate Petition for the purposes of adopting an initiative that would enact a rent control and eviction control ordinance in the City of Delano. The notice was accompanied by a copy of the text of the proposed initiative measure and a request that a ballot title and summary be prepared. In accordance with Elections Code § 9203, the City Attorney’s Office prepared the following title and summary within 15 days of the request:
BALLOT TITLE: DELANO RENT CONTROL ORDINANCE
INITIATIVE PETITION TO ADD A RENT CONTROL AND EVICTION
CONTROL ORDINANCE TO THE DELANO MUNICIPAL CODE
The proposed ordinance, if approved by the voters, would establish residential rent control and prohibit landlords from evicting tenants for reasons that are not specifically listed in the proposed ordinance. Although there are statewide rent control and eviction control laws already in place, Delano does not currently have its own local limits on residential rents or local restrictions on tenant evictions. The proposed ordinance would provide additional tenant protections beyond those in state law.
The proposed ordinance would establish and set a maximum allowable rent on rent controlled residential units in the City of Delano. The base rent for tenancies that commenced on or before the effective date of the ordinance would be the rent in effect on December 11, 2023. The ordinance would set maximum allowable annual rental increases for all residential units, except for certain exempt units. The maximum allowable annual rent increase would be 60% of the percentage increase in the Consumer Price Index, or three percent, whichever is less. No more than one rent increase per year could be imposed and the annual rent increase would take effect on September 1 of each year.
Under the proposed ordinance, a landlord or tenant could file a petition with the city seeking a rent adjustment either upward or downward.
The ordinance would also establish “just cause for eviction” requirements in the City of Delano. Tenancies could not be terminated by landlords under the ordinance except for reasons that are specifically listed in the ordinance. Units exempt from rent control pursuant to the Costa Hawkins Rental Housing Act would still be subject to the eviction control provisions contained in this ordinance. The ordinance would also require relocation payments to be made to tenants under certain specified circumstances.
The proposed ordinance requires all landlords to pay an annual rental housing fee. The City Council would determine the amount of the fee. Until the Council makes that determination, the fee would be set at $120 per rent-controlled unit per year and $84 per unit per year for units that are exempt from the rent control provisions.
The ordinance would give tenants the right to organize and form tenant associations with which landlords must confer in good faith regarding issues of common concern.
The ordinance would be enforced and administered by a newly established city department. The duties of the department would include, without limitation: determining the annual allowable rent increase; adjudicating petitions for rent adjustments; promulgating regulations for the administration and enforcement of the ordinance; charging and collecting the rental housing fee; and reporting annually to the City Council.
In accordance with Elections Code § 9205, the notice of intention filed with the city clerk, along with the title and summary prepared by the city attorney, was published in the Bakersfield Californian, a newspaper of general circulation, on January 19, 2024. Proof of publication was filed with the City Clerk within 10 days after the date of publication, in accordance with Elections Code § 9206.
Council Option to Review/Analyze Proposed Rent Control Measure During Time Period that Signatures are Being Gathered:
The next steps in the process are circulation of the petition, filing, examination by the city clerk, and qualification. During the circulation period, the city also has the option of requesting a report on certain aspects of the proposed initiative, as described below:
During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Elections Code section 9215 (above), the city council may refer the proposed initiative measure to a city agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community’s ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.
(8) Any other matters the legislative body requests to be in the report.
The report must be presented to the city council within the time prescribed by the city council, but no later than 30 days after the elections official certifies to the city council the sufficiency of the petition.
The proposed measure would require the city to establish a “Program” (read: department) to implement and enforce the ordinance and would require the council to review and assess annually whether a sufficient number of staff are employed by the Program, such as a Program Administrator, hearing examiners, housing counselors, and legal services, as may be necessary to perform the functions of the Program efficiently in order to fulfill the purposes of the ordinance.
The ordinance anticipates that the costs associated with the Program would be funded by a “Rental Housing Fee” charged to landlords. The amount of the fee would be set by the city council but would initially be set at $120 per rent-controlled unit per year and $84 per unit per year for units that are exempt from the rent control provisions of the ordinance but subject to the other provisions (e.g., eviction control).
If the optional report is requested, the council could direct staff to investigate the anticipated actual costs of implementing the measure in the event it becomes effective and, accordingly, calculate the true amount of the Rental Housing Fee that would need to be imposed to cover the costs of the Program. Should the measure garner enough signatures to qualify for the ballot, this information could assist the council in evaluating its options under the Elections Code (i.e., whether to submit the ordinance to the voters or simply adopt the ordinance on its own within 10 days after being presented with a certified petition). The report could also evaluate the potential impact of the measure on the availability of housing, together with any other matters the council would like evaluated.
Although the law does allow the council to wait and order a report after a petition is certified as sufficient, the report must be presented to the council no later than 30 days after a petition is certified. The tight timeline can hinder staff’s ability to conduct the research and investigation necessary to produce a quality report. For those reasons, the council may wish to consider directing staff to begin work on a report during the circulation period. If the council chooses to move forward with the optional report at this time, it will be helpful if Council provides staff with direction as to the subject areas the council wishes to be included.
Council Options if the Measure Qualifies for the November 2024 Election
If the initiative petition is signed by not less than 10 percent of the voters of the city (according to the last report of registration by the county elections official to the Secretary of State) effective at the time the notice of intent to circulate was published, the city council must do one of the following:
(a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters at the city’s next regular election occurring not less than 88 days after the date of the order of election. Alternatively, the city council may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot if submitted at the next regular election. If the council chooses to call a special election, it must be held not less than 88 days nor more than 103 days after the order of election. (Elections Code §§ 1405, 9215.)
(c) Order a report pursuant to Elections Code section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the city council, the city council must either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).
Attachments: 1. Notice of Intent to Circulate Petition/Request for Preparation of Title and Summary.