MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
February 5, 2024
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 Vivas offered the invocation.
FLAG SALUTE
Councilmember Nunez led the flag salute.
ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Morris, Councilmember Salvador Solorio-Ruiz, Councilmember Nunez, Councilmember Vasquez
Council members absent: None
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Hensley, Finance Director Lara Rios, City Engineer Dowling, Interim Chief of Police Nicholson, Human Resources Director Zamudio, Fire Chief Duncan, Interim Community Development Director Monsibais, Recreation Manager Batth-Chavez and Transit Manager Alapisco (via zoom)
PRESENTATIONS AND AWARDS
1. Recognition of City Employee received by City Manager Maribel Reyna
2. Proclamation for February 2024 as Safe Surrender Baby Awareness Month received by Fire Chief Duncan of behalf of Kern County Fire
ITEMS FROM THE PUBLIC
1. Claribel Gutierrez – “I want to thank Councilman Nunez and the chief of police for allowing us to do the car seat event, it was a graceful set event. We had 71 babies passing through the line. We were able to give free car seats and so that’s what we want to see. We want to make sure that all people are inclusive. Their kids are going to be safer and hopefully it’s not the last time that we collaborate an event. We wish that that the rest of the council can participate as well. On behalf of Assemblywomen Dr. Jasmeet Baines thank you again for helping our families and our children.
2. Mary Ballardo, 906 Balboa Ave. – “They put a dump on High St, the old Gibson. They have a dump and I live right across the street from it and I wanted to know why they built it there or who let them do that. Theres a lot of mice that are coming to my house. I just want to know whose property that is and who decided to do that. The people coming into Delano see all the trash there and also I own my house and the property value is going to go down because who wants to live next to the dump, and I just don’t understand why the city let them do that.
Since I moved there, that property has been empty and then it caught on fire a couple of times because the homeless were living there. It was not locked up but now they put a lock but now it’s a dump site. It was an abandoned house, then they used it for a bit and now they dumped iron and somebody is moving the stuff around and I had a mouse come and it tried to get into my garage and it doesn’t look nice when people are driving into Delano.”
Public comment 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 $6,686,634.86
3) Minutes of Regular Council meeting of May 17, 2021
4) Minutes of Regular Council meeting of June 7, 2021
5) Minutes of Regular Council meeting of May 2, 2022
6) Minutes of Regular Council meeting of July 5, 2022
7) Minutes of Regular Council meeting of July 18, 2022
8) Minutes of Regular Council meeting of October 3, 2022 9) Minutes of Regular Council meeting of November 21, 2022 10) Minutes of Special Council meeting of December 15, 2022 11) Minutes of Regular Council meeting of January 2, 2024 12) Minutes of Regular Council meeting of January 16, 2024 13) Acceptance and approval of the City of Delano Quarterly Investment Report for the period ending December 31, 2023
14) Award of Contract for the “2024 CDBG CV Broadband Accessibility Project” to Techexpress from Bakersfield, CA, in the amount of $121,151.80 and authorization for the City Manager, or her designee, to sign the construction contract and any other documents needed to complete the project
15) Approval of agreement with Safe Moves for $43,400.00 to provide school traffic safety education and public outreach services for the ATP3 Safe Routes to School Noninfrastructure project (Project #ATPL-5227(060) at various schools in Delano and authorization for the City Manager to sign the agreement and all other documents needed to carry out this project 16) Approval of professional services agreement with Provost & Pritchard Consulting Group (P&P) to provide engineering design services in the amount of $107,000.00 for the 2023- 2024 SB1 Project No. 7 Local Streets and Roads Resurfacing, Rehabilitation, and Reconstruction Maintenance Projects for various streets in Delano and authorization for the City Manager to execute the contract and any other documents needed to carry out this project 17) Approval of Large Open Purchase Orders for the Water Division for January through June of 2024 18) Acceptance of the 2022 20th Avenue & Norwalk Street Pavement Resurfacing and Rehabilitation Project STPL-5227(070) and authorizing the filing of the Notice of Completion 19) Resolution of the City Council of the City of Delano adopting a list of Fiscal Year 2024- 2025 SB1 LSR projects funded by Senate Bill (SB) 1: The Road Repair and Accountability Act of 2017 20) Resolution of the City Council of the City of Delano declaring various vehicles and equipment as a surplus and authorizing staff to dispose of same by public auction 21) Approval of professional services agreement for the operation and management of the Delano Aquatic Center with The Swimming Swan, LLC, and authorization for the City Manager to make changes if needed before execution and not affecting budget 22) Request of co-sponsorship from the Delano Little League for the City of Delano to become a Gold sponsor for $500
23) Approval of the Professional Services Agreement with Infrastructure Engineers, a Bowman Company from Brea, CA, to prepare the City of Delano’s 6th Cycle Housing Element Update for $273,482.00 and authorize the City Manager or her designee to sign the same Motion was made by: Solorio-Ruiz to approved items 1-23 on consent items; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz/ Nunez/ Vasquez Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
24) 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.
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.
Mayor Alindajao opened public hearing.
Staff Report by Interim Community Development Director Monsibais.
Mayor Alindajao opened public comment.
Mayor Alindajao closed public comment.
Motion was made by: Nunez to table item 24 until next council meeting; 2nd by: Vasquez
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz/ Nunez/ Vasquez Nays: None
Absent: None
Abstentions: None
25) 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)
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 and Environmental Impact Report was certified.
Motion was made by: Solorio-Ruiz to table item 25 until the next council meeting; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Solorio-Ruiz/ Nunez/ Vasquez Nays: None
Absent: None
Abstentions: None
REGULAR AGENDA
26) Potential Ballot Measures on the November 2024 Election to Establish the Office of an Elected Mayor
Staff report by City Attorney Hensley.
Suzanne Villaruz shares different ways city council meetings are ran in different cities. She also believes there should be a lot of input from the community on this matter.
City Attorney Hensley makes a few clarifications.
Councilmember Vasquez is concerned on how there will be an outreach to receive community input. She wants to know if there will be a plan to include the community because this decision for the Mayor will affect them. She asks if a presentation can be done with the different possible options. She also wants to know if its possible to polling.
Councilmember Solorio Ruiz shares that he is familiar with charter cities and he understands it is a hassle. He also shares that he is interested in a presentation to get more community input.
Councilmember Nunez shares that he has received input from the community and many are in favor of having the mayorship be two years. He shares that there is no advantage of going to charter. Also there shows concern of the mayor that gets elected not being experienced, it would hurt the city if we had a mayor who didn’t know what they were doing. Nunez shares he is in favor of putting the mayorship on a ballot and is in favor of a two year term.
Vice Mayor Morris shares that she believes the mayorship should be strictly ceremonial. She would like for every council member to have the opportunity to serve as the Mayor. She shares how she knows the council is uncomfortable when they have to select who is going to be the next Mayor. She wants to know if the Mayor will have extra responsibility or if they will have more “power” as opposed to the other council members. She would like for different methods to be discussed.
Mayor Alindajao shares the Mayor is in a position to impact the community differently when making decisions. He states how the mayorship has been up for discussion for some time now. He believes the community wants to choose who gets to be the Mayor.
Motion was made by: Solorio-Ruiz to approve item 26;
2nd by: Nunez
Vote: 4-1
Ayes: Alindajao / Solorio-Ruiz/ Nunez/ Vasquez
Nays: Morris
Absent: None
Abstentions: None
27) 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.
Mayor Alindajao has a conflict of interest with item 27 so he steps out and Vice Mayor Morris takes over the meeting at 6:34. A 5-minute recess is taken.
Meeting resumed at 6:43pm.
City Attorney Hensley provides a staff report.
Mayor Pro Tem Morris opened public comment.
Veronica Soto who is the property manager at the Brandywine Apartments. She shares that she thinks this will have adverse effects on rental properties. If this ordinance passes, it will be hard to make necessary repairs and upgrades to the property due to the cap on rent increases. She encourages building more affordable properties rather than penalizing those who are trying to provide good living conditions for renters.
Art from Central Valley Empowerment Alliance talks about the impact on the City of Delano. There have been many studies that this won’t have an impact on building affordable housing. It greatly helps tenants keep a roof over their head. Delano is one of the top cities that has seen a high increase in rent.
Suzanne Villaruz shares that capping rent prevents the property owners and managers from making improvements on the buildings/units. Rent control does not benefit everyone and it won’t be fair for property owners and managers.
Mayor Pro Tem Morris closed public comment.
Motion was made by: Solorio-Ruiz to require more analysis; 2nd by: Nunez
Vote: 4-0
Ayes: Solorio-Ruiz/ Nunez/ Morris/ Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Veronica Vasquez – “I want to see if this evening we can end this meeting in memory of Stephanie Fierros. She just passed away this past week and she was one of the ladies in our community that used to sing a lot, at our events. she's very well-known and loved, so if we can do that, I appreciate it. Another thing is Claribel, next time you guys do that event, if you can do it on a Saturday, I actually used to train that event and do that event and was certified and I was surprised that it was done on a Friday. I usually do it on a Saturday. I did it throughout the state, so it is a successful event. So that kind of threw me off guard. If not, I would've went. Just remember Relay for Life is going to be April 13th, and we’re still looking for teams. I know it's not going to be overnight yet, but it's going to hopefully if we get enough teams, it can just go back to the overnight part. For now, lastly, at least it was from 12 to 9. The third Thursday at 6:00 American Legion will be the HOW dinner for Ray and Darlene Salinas if you can go and make reservations. Thank you.”
Salvador Solorio-Ruiz – “I just want to give a quick shout out to our city staff who helped to coordinate the Dolly Parton Imagination Library launch event on behalf of the Kern Literacy Council. Basically what it does is that program, if you enlist or enroll your child, they receive a free book every month to their home, which is fantastic.
The more books, the better our kids could read. I want to say before they did that event, they had about 15 kids registered, and right now they have a total of 166 kids registered. that's huge. they're hoping to do more events to enroll more youth into that program. We also attended the, when I say we, I mean myself and some council colleagues and the mayor attended the state of the county. Also myself and Councilwoman Morris attended the Kern Hispanic Chamber of Commerce installation gala. That was this past weekend. So it was good. Delano was in that.
Also just want to give a huge thanks to city staff. I know that right now there's the threats of flooding and et cetera, and I haven't asked too many questions about that, but I am confident and I know that our staff is on it and they're diligent on that. I did want to ask to be placed on an agenda possibly in April or May, but myself and the city manager as well as the city attorney, I'll ask further questions on my own time about establishing a youth commission here in Delano. I know that was an idea I had about last year or two years ago, and so I want to kind of revisit it, see the pros and cons of that.”
Councilmember Nunez – “I want to thank Dr. Bains, Community Connections, the Kern County Health Department, CHPN, and the Delano Police Department. The car seat thing was very successful. Listening to the ladies out there from the county and from Community Connections. It was probably the most successful one they've had in probably over 10 years. The amount of certified technicians out there and the people needing car seats went very well. It worked out pretty good. February 13th, is the senior dinner dance. We have moved it this year over to the Guadalupe Church in the hall to help staff continue doing their staff work. It's open to all seniors. If you're interested in going, go down to the senior center on Jefferson and speak with staff there so they can put you on the list. I think Wednesday's the last day to get you on the list. I think we're over a hundred people so far right now and it's completely free. No cost to our seniors.”
Mayor Pro-Tem Morris – “Thank you Chief and happy birthday to you. I just wanted to do another shout out to Maribel, and I didn't mention this earlier, but I remember coming onto the council and when we came on, we were in dire straits there because our budget was very bad and it really didn't look good. Maribel came in and I think we had administrators. There was like 15 of them, and we had every position. Maribel was able to cut her staff down to about five people. I feel sorry, and thank you all of you guys who were part of that, because I knew you had to take on triple jobs all at one time and that was a lot of work. You brought the City back to where we should be, and we've been on a balanced budget since, and we’re so proud of our community. We've seen a lot of growth in our community, and it's just the hard work of all of you and the staff and all of you that have worked so hard and so great to work with my colleagues also. And you guys promote our community and are out there doing great things.
Thank you all of you for your hard work and your dedication to our community, and thank you, Maribel, for the job that you do.”
Mayor Alindajao: Absent.
Motion to go into closed session at 7:27 PM by: Solorio-Ruiz 2nd by: Nunez
Vote: 4-0
Ayes: Morris / Nunez / Solorio-Ruiz/Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
CLOSED SESSION
28) LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 Claimant: Larry Premock
Claim No. 2024-03 (FR101434)
Agency Claimed Against: City of Delano
Action: No reportable action.
RETURN TO GENERAL SESSION
Motion to go into general session at 7:32 PM by: Nunez
2nd by: Solorio-Ruiz
Vote: 4-0
Ayes: Morris / Nunez / Solorio-Ruiz/Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
ADJOURNMENT
Moved by Nunez seconded by Solorio-Ruiz and unanimously carried 4-0 to adjourn the meeting at 7:32PM. _____________________________________________
Nancy Garcia, City Clerk