MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
March 4, 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 David 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 Nunez, Councilmember Solorio-Ruiz
Council members absent: Vasquez
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Hensley, Finance Director Lara Rios (Via Zoom), City, Chief of Police Nicholson, Human Resources Director Zamudio, Interim Community Development Director Monsibais, City Engineer Dowling
PRESENTATIONS AND AWARDS
None.
ITEMS FROM THE PUBLIC
None
CONSENT AGENDA
1) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only.
2) Warrant Register in the amount of $3,794,363.73
3) Minutes of Regular Council Meeting of February 20, 2024 4) Adopt a resolution of the City Council of the City of Delano declaring there are no unmet transit needs within the City of Delano (Resolution No. 2024-03) 5) Resolution adopting the revised City of Delano Personnel Rules and Regulations dated March 4, 2024, and repealing Resolution No. 2021-57, and any amendments thereto to be in compliance with the new legislation that took effect on January 1, 2024 (Resolution No. 2024-04) 6) Cancellation of Regular City Council meeting scheduled for June 17, 2024 Motion was made by: Solorio-Ruiz to approved items 1-6 on consent items; 2nd by: Nunez
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz
Nays: None
Absent: Vasquez
Abstentions: None
PUBLIC HEARINGS
7) 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 filing fee up to $1,000.00 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. (Continuance from Regular Council Meeting of February 20, 2024.) 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.
Morris – “No, I think it's pretty reasonable for me. I'm good with the fee.” Solorio-Ruiz – “Yeah, no, I agree as well. I think that first off, thank you Danielle, for yourself and your team for figuring this out. I think that it allows us to avoid the whole back and forth of developers or applicants or whoever applies to continue to apply after they get denied. It's a waste of city's time and our time. I think as well, I think that it should allow us as well to make sure that the planning commissioners that we appoint and to put a little bit more pressure on them that they must also make the best decision in terms of the city, but also hand in hand with staff because now that there's going to be the a thousand dollar fee, it's going to make it more difficult at times potentially for the applicants to apply. Again. I think that if the applicants are trying to get a business into town or what you name it, I think it's not a big ask for a thousand so we can take it on again. So I'm in favor of it.” Nunez – “The only question I have is why isn't the city trying to recover the full amount?” Interim Community Development Director Monsibais – “Based off of the analysis that we did with other cities and counties? We thought the thousand dollars was in line and it was kind of in the middle of other jurisdictions and because that was the first starting off point, we just figured a thousand dollars would be the good starting off point and see how if it continued to work or if it didn't or were we continuously losing money if they continued to appeal and then we could come back to you guys to let you know that yes, this is what we thought was working, but it wasn't. We just figured that this was a good ballpark to start off with and especially the fact that we're in line with the other jurisdictions.”
Alindajao – “And can you tell us, Danielle, what the actual costs or give us a good guesstimate of what the actual cost would be to process an entire appeal?”
Interim Community Development Director Monsibais – “Yes. Well, for the three appeals that we have currently had in the last two years and two of the appeals were for the same request, it was $3,555 that the city paid.”
Alindajao - “Okay. As far as I'm concerned, I'll invite a motion for a fee that's higher than the thousand dollars the city's recommending, but I think scaling the fee I don't think is a good idea.
That was the board version because we're incurring those costs now in real time and we don't have 5, 6, 7 years even if we got to a thousand dollars, sounds like we're way under what the actual cost is anyway. So there's no reason to slow play the fees and the cost of the city. I hate to say this, but the city's not a charity and I think putting these kinds of restrictions also avoids council member shopping, which sometimes what folks do on appeals, they just keep bringing them towards, I guess at different times hoping that maybe a different version of the council may approve the project. So there's a lot of good policy reasons for this change in the law, but I'll certainly invite a motion for a fee that's more than a thousand dollars. Is that something that is going to cause any issues? Are you going to have any problems with the fee that's more than a thousand? Mark?”
City Attorney Hensley – “The agenda tonight set up to a thousand. As you recall last time it was a little ambiguous and so that's why we brought it back and staff has outlined the fee can't exceed the amount of that it actually costs to do the appeal and staff has outlined about a thousand dollars. Now, I suspect that doesn't take into account all of the costs such as potentially the time that the attorney sits here during the appeal, city manager, clerk, et cetera. So there's probably more that could be added to that. But if you want to look at that, then we would need to go back and really include that because the fee should be justified by costs that are stated in the record tonight. In the record, Ms. Monsibais said $3055 for three of 'em. So that's been substantiate, substantiated. What we could do is if you continue to get a number of appeals and the city looks like it's losing money, we could bring this back and then add the additional costs and time into it if you want to do it that way.”
Alindajao - “And at some point, does the fee get to a point where that might open the door to any sort of litigation or exclusion or that kind of”
City Attorney Hensley – “Well, so long as it doesn't exceed the actual cost of the appeal, then well, anybody can always file a lawsuit, but so long as it doesn't exceed the actual cost of what it costs the city to process the appeal, then it should be fine.” Alindajao –“Then I think at this point, I guess the agenda caps us at a thousand dollars and this council can always revisit the issue if it feels that it's warranted. So did you want to say something?”
City Manager Reyna – “Yes, and I think the purpose too for staff was just again, to kind of gauge the other cities as to the industry standard of the fee. So as Danielle mentioned, we're kind of right in line with that. I don't think it's so much of a recouping our full costs. It's just kind of trying to charge a fee that again, would serve as a deterrent for any meritless appeals.” Motion was made by: Morris to approved item 7;
2nd by: Solorio-Ruiz
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Solorio-Ruiz
Nays: None
Absent: Vasquez
Abstentions: None
REGULAR AGENDA
8) Potential Adjustment to City Council Member Compensation Pursuant to California State Bill 329. Placed on agenda pursuant to Mayor’s request.
Mayor Alindajao opened public hearing.
Staff Report by City Attorney Hensley.
Mayor Alindajao opened public comment.
Mayor Alindajao closed public comment.
Solorio-Ruiz – “I have two questions and I know this just recently passed Mark, but have we seen what other communities have done? I know there was some talks in Bakersfield, I believe, of them trying to do it, but I don't think it was accomplished.”
City Attorney Hensley – “I do not have that information about what the other, I know there are cities around the state that have taken action, but I don't have a list of who those, what cities those are.”
Solorio- Ruiz – “Okay. And then if we decide not to raise our stipend, is that something in our jurisdiction to do as well?”
City Attorney Hensley – “You don't have to take any action at all if you don't want to.” Solorio-Ruiz – “Well, I guess those are all the questions, but I guess just more so my opinions on it, I think I look at this in two different ways and on one side I think that it is important for not just only elected officials, but people period, to have a good decent, and I won't say living wage because I don't think even the $1,600 is a living wage, but a more respectable amount because it allows you to retain the best talent. It allows you to recruit the best talent to attract folks, whether they graduate from college or not. Because oftentimes we see and we've seen in these roles of elected officials is that sometimes these roles are maintained by folks who are retired. And nothing wrong with folks who are retired. I would love to be retired one day and they deserve it. But it's important to have a diverse opinion on the council and I think that that's what, if we raise it, that's what it could cause is what I think. But on the other side, which is I think the reason that a lot of us get into this type of business, which is it's a business of public service and it's a business that we don't get in to get money out of this. I was thinking about this item and I thought we're in the business to put money into people's pockets, not our own. And so I think that that's why I am looking at this in two angles. I see the benefits of it, and not only the benefits but the importance of it, which is a reason that the state legislature did decide to do it. But I also see it in that angle as well, which is the angle to make sure that we keep this role a role that is based on integrity, but also that is not used for that reason. So those are my points and opinions that just come off the top of my head.”
Nunez – “As you all know, when I ran for city council in 2022, I didn't do it for the money and I still don't do it for the money. After being on the council for over a year, it is costing me money now to be on the city council than it is helping people. I do feel that councils should be reimbursed, at least for what they put into it. And right now, if you ask my wife, I'm about $600 in the hole every month based on what I'm doing.
So I do feel that the increase should be done, what the dollar amount is. I don't have a set dollar amount, but I do feel that it should increase”
Morris – “Well, I kind of feel that way too. I think we haven't had a wage increase on the council since what, 1984? Is that correct? Is that the last ours? We can tell more or less.” Alindajao – “Yeah. That was the cap in 1984 and the salary today is what the cap was.” Morris – “It's been a while, so I had no doubt that it probably should raise a divide. I don't agree on the full amount on here, but I think it should be raised some because we look at it, even if we raised it $1,600 and we're looking at a budget for council pay $96,000 a lot of money. So for me, I think we should increase it maybe by $400 or something like that, which would give the council pay maybe a thousand. But that would be my opinion. I think we, and I am not saying that as far as the amount of service, I think the council gives and a lot of people don't really know. A lot of times we have to attend meetings out of town, whether it be for league or whether it be for whatever reason that we need for training or whatever else we need to attend. And then again, the council gets paid benefits also and that's not included in the compensation that we get. So I agree that we should raise at some, but not an astronomical amount as what is indicated that we can get.
That's my personal opinion.
Alindajao – “My position on SB 329 council members are people too. We invest a lot of time. Looks like 1984 was the last time that the city council raised its salary for council members. At that time, there was approximately 18,000 people in the community. Today there's over 50,000 people, so that means a lot more work for the folks that get elected to office. And I don't want you to feel sorry for council members. We do this because we enjoy it and we love it and we want to serve the public, but at the same time, to a full-time job for some of us, we get phone calls, text messages, emails, issues, complaints on a weekly if not daily basis. We attend meetings and trainings. We hold special meetings here at City Hall. So a lot goes into it besides just sitting up here and running a meeting or being participating in a meeting and $1,600. I think the state was, I think, super conservative in setting some of those limits because $1,600, if you're trying to attract new talent other than retirees and you're trying to diversify the talent of the pool talent, I mean $1600 hardly I would think does that. $1,600 is not a very large amount. The city's current two year budget's about $210 million. I think you can more than afford the increase, correct me if I'm wrong, about 210 million approximately. I think that the city can more than afford any increase to the council wages. We haven't done it since 1984. I understand the spirit of SB 329 and it really is like council member solo reset is to try to help supplement the income of some folks that may want to run but maybe decide not to run just because of finances for some candidates. But nevertheless, I think what goes the work that goes into serving the community now at this stage in the city's life and growing by the way and growing, I think $1,600 is still not enough, in my opinion, to justify some of the costs and time and effort that elected officials have to do. I know the city of Bakersfield, they did address this issue to council member Solorio-Ruiz’s point. They decided to put that on the ballot to the voters in November, which also comes at a cost, I don't know, that might be 10 to $20,000 that's put on the ballot perhaps. But I think my support is for the $1,600 minimum.
We haven't increased the salaries and I'm up here advocating for salaries. This may not even apply to me or council member Solorio-Ruiz. We may not even be on this council come January 2025. So, I think this is something that future councils or any council members that sits here, I think can be proud in the sense that a man is worthy of his work and if he's going to risk life and limb to try to get a seat up here and to serve his community, then $1,600 and not too much to ask.
Motion was made by: Nunez to approve the increase to $1200; 2nd by: Alindajao
Vote: 2-2 (Motion fails)
Ayes: Alindajao / Nunez
Nays: Solorio-Ruiz / Morris
Absent: Vasquez
Abstentions: None
Motion was made by: Morris to approve the increase to $1000; 2nd by: Mario
Vote: 3-1
Ayes: Alindajao / Morris / Nunez
Nays: Solorio-Ruiz
Absent: Vasquez
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Salvador Solorio-Ruiz – “I just want to say I believe the council's aware. They probably saw in the news, but the mayor of Arvin passed away today. And so I just want the mayor of Arvin. Olivia Trujillo passed away today through her battle with cancer. And so I just want to send my condolences to her family, to the Arvin community and also hope that we can close in her honor for tonight.”
Veronica Vasquez – Absent.
Councilmember Nunez – “The only thing I have is don't forget tomorrow's election day. If you haven't already voted, go and vote. And then on Monday the 11th is a food giveaway at the Guadalupe Church starting at 9:30 AM” Mayor Pro-Tem Morris – “I was going to remind everyone just to go out and vote tomorrow. Your vote is important, so I hope everyone goes out and voice your opinion.” Mayor Alindajao – “Ditto with council member and the vice mayor. Go out and vote. You haven't already. A lot of us are voting by mail nowadays. I did attend along with some of my colleagues, the Chamber of Commerce Crab Feed. It was a great event. Well attended and saw a lot of folks from the community. We had a good time. I believe the Guadalupe Church Crab Feet is coming up on16th of March.”
CLOSED SESSION
No Items.
RETURN TO GENERAL SESSION
No Items.
ADJOURNMENT
Moved by Solorio-Ruiz seconded by Morris and unanimously carried 4-0 to adjourn the meeting at 6:09 PM. _____________________________________________
Nancy Garcia, City Clerk