MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
March 18, 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
Chief of Police Nicholson led the flag salute.
ROLL CALL
Council members present: Mayor Joe Alindajao, Mayor Pro Tem Morris, Councilmember Nunez, Councilmember Vasquez
Council members absent: Solorio-Ruiz
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Hensley, Finance Director Lara Rios, Chief of Police Nicholson, Human Resources Director Zamudio, Interim Community Development Director Monsibais, City Engineer Dowling (Via Zoom) , Recreation Manager Batth-Chavez, Fire Chief Crist
PRESENTATIONS AND AWARDS
Certificate of Recognition from the Delano Police Department.
Presented by Mayor Alindajao and Chief of Police Nicholson Accepted by Officer Abel Valdovinos, Officer Gerardo Escobedo, Officer Raul Perez, Officer Enrique Escobedo, Officer Hector Diaz, and Citizen Bryan Jimenez Mayor Alindajao called a 5-minute recess at 5:50PM.
Meeting was back in session at 5:57PM.
ITEMS FROM THE PUBLIC
1. Lupe Martinez – “I am concerned, disappointed and everything in between. We're here because a while back the city council failed to take care or to take on the issue of the rent control, so left us with no other choice but to have to now pick up petitions to try to get the ordinance into, of course, the November ballot, and I understand that's a very democratic way. That is the right way to do it. There's nothing wrong with that. What I am upset and why I am very disappointed is that as we are knocking on doors, picking up petitions, talking to the people, to the community and going well, it has been brought to our attention, to my attention that the mayor is out there campaigning and telling people not to sign the petition because it's not good for the community. I don't think that is proper. I don't think that is right. I do not believe that you as a mayor should be using your position to try to persuade people not to do what is their democratic way of speaking up. I believe that this is probably, I am not an attorney, but I would imagine that it's very close or borderline to a conflict of interest at this point, I'm not sure, but if it's not a conflict of interest or if it's not borderline illegal, it certainly is unethical for either the mayor or any council member to be telling the community what to do and not to do on this petition. We are certainly, and I am certainly going to try and see if we can ask for an investigation. I don't believe it's proper. Thank you.”
2. Arturo Rodriguez – “ I was raised in Delano, ladies and gentlemen, today might seem like a relatively light day as it appears on the agenda, but actually items on the consent agenda appear to aim to keep the community in the dark and take steps backwards in government transparency. Item one on the consent agenda will remove the reading portion of new proposed ordinances from community members. We should no longer call them first and second readings. If we're not going to read them, we will just call them by their title and not read them. I recommend that you remove, pull it off and let's have a conversation about it. I think the residents should know, but instead we're possibly taking steps backwards in government transparency. Also, I understand this is public comment and we don't expect responses from the council, but after hearing multiple residents receiving calls not to sign the petitions to keep delaying affordable from the Mayor. If this is true and if it's not, I'll apologize beforehand, but I stand before you today deeply concerned about the conflicts and the interests plaguing our beloved city of Delano, our mayor Joe who swore, to serve and protect the interests of the cities is instead leveraging his position to further his personal gains. This betrayal of trust not only undermines the integrity of our local government but also jeopardizes the wellbeing of every resident. In Delano, the current mayor Joe stands as one of the biggest landlords here in the city. We all know that fact alone would raise eyebrows, but what is truly alarming is how he's using his mayoral power to manipulate policies that directly benefit his own financial interests by urging citizens to oppose the petition gathering efforts aimed at maintaining Delano affordable. The Mayor Joe is prioritizing his own profits over the world for the community. This conflict of interest is not just unethical, it is dangerous by wielding his mayoral influence to thwart efforts that aim to keep Delano affordable. Mayor Joe has not only betrayed the trust of the people who elected him, but also exposing our city to potential legal ramifications. His actions could result in costly lawsuits to our city and that we can, ill afford. As we know, the budget's kind of tight. We cannot allow one individual self-serving agenda to dictate the future of our community. It is imperative that we come together as concerned citizens of Delano who hold our elected officials accountable and demand transparency and integrity in governments. I urge each and every one of you to stand against any sort of abuse power and send a clear message to the mayor and really just remove himself from this position. And if this is unfounded, I have deep respect for all of you and you do amazing work in the community and it just hurt me when I heard that this was happening. So I hope it's not true and if it is, just don't do it no more.”
3. Maria Martinez (with Translation Services) – “I'm here today. I am going to say I was a little ashamed to be here today and hear from the mayor that I'm a liar, but I'm actually brave. I am Mexican and I won't back down. What my husband just said is true. We have an office and I was also told, so please, Mr. Mayor, I like all of you and then you're doing a great job, but let each one do their own job the way they see fit. Let us take our own decisions. We've been residents of Delano for over 50 years and you all know that we all work and fight for our people. So I thank the mayor and I ask him to please not be doing that. Thank you.”
4. Mari Perez Ruiz – “I'm the chair for the Delano Fair Rents 2024 campaign. We are leading the fight for rent control in the City of Delano. We experienced a break-in in our campaign office where signatures of all the things that we had in the facility, including equipment, computers and other stuff, the only things that were stolen were signatures that we have collected. The police was called and we received a call indicating that they were going to do their utmost best to investigate what happened. The door was broken into, the back door was left open, and nothing else seemed to be untouched except for the signatures that were gathered by committee volunteers. This is concerning to us. If you have not heard of it, I want to bring it to your attention. This is concerning in so many different ways because people are entrusting the process, the democratic process. If you fail to do your job, the community is trying their best to do it the democratic way. Somebody decided to break in and stole multiple packets of signatures that have been gathered in light of what we are hearing about the calls that our people are receiving that are coming from the council, from the diocese, asking community not to sign the petition that is bad for community. There's a lot of things, and it's heartbreaking to talk about this because Delano has been a beacon. This is the farm worker movement, Dolores, Cesar Chavez, Larry Itliong. We have warriors that fought for rights for farm worker rights, and they're being violated right now. So we're going to be investigating this and we hope that if there's anything happening, we hope that the calls stop. We hope that you do what is right for community.
We hope that the police who are here would help us investigate who are the folks that actually broke into a facility and stole the signatures. Thank you.”
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 $3,016,681.75
3) Minutes of Regular Council Meeting of March 4, 2024
4) Adopt a resolution approving a monthly Stipend for Part Time Public Safety & Communications Dispatchers (Resolution No. 2024-05)
5) Adopt resolution extending the Public Safety & Communications Dispatcher I Hiring Bonus Program (Resolution No. 2024-06)
6) Adopt resolution approving the revised class specification for Police Corporal (Resolution No. 2024-07)
7) Adopt resolution approving the revised class specification for Police Sergeant (Resolution No. 2024-08)
8) Adopt resolution revising the Police Officer Hiring Bonus Program, extending it through fiscal year 2024-25, and repealing Resolution 2023-17 (Resolution No. 2024-09) 9) Approve side letter to Agreement No. 2022-49 of the miscellaneous Employee Bargaining Unit Memorandum of Understanding adding Section E. Stipend to Article 14 (Agreement No. 2024- 08)
10) A resolution finding that a Local Emergency has existed within the City, authorizing contracting without the need for bidding pursuant to Public Contracts Code § 22050. Awarding the project to JM Pipeline Construction, Inc. for $350,000.00 and associated actions (Resolution No. 2024-10) 11) Acceptance of the Public Improvement Work for Tract No. 7379, Phase II, Located on County Line Road between Hiett Avenue and Melcher Road
12) Award of Well 39 Repairs to Bakersfield Well & Pump Co. in the amount of $140,730.00 and authorize the City Manager, or her designee, to sign any documents needed to carry this out 13) Approval of the Shelter Services with the Regents if the University of California, Davis Campus School of Veterinary Medicine, on behalf of its Koret Shelter Medicine Program, in connection with the California for All Animals statewide animal shelter assistance program and authorization for the City Manager, or her designee, to sign the agreement (Agreement No. 2024-09) 14) Rejecting all bids for the 2023 Randolph Street and High Street Pavement Resurfacing and Rehabilitation Project STPL-5227(071) and directing the City Engineer to modify as needed and re-advertise
15) Authorization for the purchase of 6 unmarked detective vehicles 16) Second and Final Reading and Adopt 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 (Ordinance No. 2024-1345) 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.
17) Approval of a resolution authorizing the submittal of an application for Specified Grant Funds from Budget Act of 2023 (Resolution No. 2024-11)
Item 1 pulled by Lupe Martinez
Reason: Had questions about why we don’t read all the ordinances City Attorney Hensley clarified the questions the Council and Lupe Martinez had and shared that the Council does not need to read the ordinances, they can just read the title.
Motion was made by: Nunez to approved items 1-3, 5, 8, 10-17 on consent items; 2nd by: Vasquez
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
Item 4 and Item 9 pulled by Nunez
Reason: Wanted to amend the start date from March 18th to March 7th Human Resources Director Zamudio provided a staff report and shared that the reason for this is due to retro payments. She also shares that there are cons to this such as having to make an amendment side letter.
Motion was made by: Vasquez to approve item 4 and 9 on consent item as is; 2nd by: Alindajao
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
Item #6 and #7 pulled by Vasquez
Reason: Wanted clarification on California law in regards to revised class specifications.
Human Resources Director Zamudio provides a staff report and shares that she's not sure what the guidelines will be yet but are waiting for final direction.
Motion was made by: Nunez to approve item 6 and 7 on consent item; 2nd by: Vasquez
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
PUBLIC HEARINGS
NONE.
REGULAR AGENDA
18) Sponsorship request from Caroline Cano and Sienna Mata for $2,000 for their student organization, HOSA – Future Health Professionals
All motions failed.
19) Authorization to purchase two drones from Skydio Inc. and authorize the City Manager to execute any required documents (Agreement No. 2024-10)
Chief Nicholson provided staff report.
Public comment opens.
No public comment.
Public comment closes.
Motion was made by: Morris to approved item 19 on regular items; 2nd by: Nunez
Vote: 4-0
Ayes: Alindajao / Morris / Nunez / Vasquez
Nays: None
Absent: Solorio-Ruiz
Abstentions: None
20) An ordinance amending Delano Municipal Code Chapter 1.12 to adopt a City Logo and Specify Restrictions on the use of the City Seal and City Logo
City Attorney Hensley provides a staff report.
Public comment opens.
Suzanne Villaruz shares that she is in favor of this ordinance because it determines who can and can not use the City logo. She has seen it been used wrongly over the years.
Arnold Morrison shares that he is also in favor of this ordinance, he shares that the high school district recently did this for their logos as well.
Public comment closes.
Motion was made by: Nunez to approved items 20 on regular item; 2nd by: Alindajao
Vote: 3-1
Ayes: Alindajao / Nunez / Vasquez
Nays: Morris
Absent: Solorio-Ruiz
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Salvador Solorio-Ruiz – ABSENT
Veronica Vasquez – “I wish we would've did something for social worker appreciation month. That's this month.
Yeah, we got a lot of social workers. It's one of the growing professions, so it's unfortunate we didn't do anything for them. Also, it's Women's History Month. I wish you put it that. When I was vice mayor, we used to do that too. So it would have been nice for us to recognize women. We are a large percentage of the population. Don’t forget Relay for Life. It's April 13th. Be mindful. Look up social media, people are doing fundraisers. Please support our Delano Relay for Life. The other thing is our youth, please don't be discouraged. I will admit I'm very disappointed because we have given money to sports programs. I did sports programs when I was younger, I did academics. I wish we would level the field even. I don't feel that we did that today. So I apologize to you. While I was up here, I am texting people, so I do ask you to wait so I can get your information so that I can refer people to you. I have been texting people while I been up here and my heart goes out to you. It was a big disappointment on the outcome of that. Keep up the good work.”
Councilmember Nunez – “Some of the stuff I want to talk to tonight is some comments that were brought up. Not only here but out in the streets. People have been approaching me regarding this rent control. Just like people who are knocking on doors who are for or against or whatever reason, we are being asked, what is your opinion on this? When they ask me what my opinion is, I give them my opinion. It doesn't mean I'm soliciting for or against it, but they ask me for my opinion, and I will give my opinion on what I believe is good or not good for the city. If you want to know my opinion, come ask me. Just like they've been doing to me out in the street. I get asked a lot on this, I'm glad this is going to be a vote. It is a democratic way to do it. Take it to the voters, let people vote if that's what we want. It's good, if they feel that we do it, that we do it that way, we'll make sure that when we are telling people what it's for, we're giving them the right information, not partial information or being impartial of what we want to say.
Last thing, I didn't get to say earlier today when the police officers are out here, as long as I am on the council and I have a say, I will never vote for defund or to reimagine anything that's got to do with the law enforcement. You will not get a yes vote for me to defund it at all, ever.”
Mayor Pro-Tem Morris – “The only thing I have is Kiwanis, of course is having their Easter egg hunt at the end of the month on March the 30th. I don't know if Arnie's going to need any help, but he is going to be dying thousands of eggs. Come and bring your kiddos out on Saturday. It's going to be a lot of fun. They have a lot of games out there, a lot of kids out there with our Easter little baskets and so it's going to be a lot of fun. So we hope to see you guys all bring your kiddos out there and have fun.”
Mayor Alindajao – “I agree with Council Member Vasquez. Social workers are important in our community and so are women in our community. I just want to let my colleagues know that you don't have to have the title of Mayor or Vice Mayor to bring any kind of attention or recognition to a particular group. I did attend, I was invited by the Masonic Lodge of Delano to be their guest speaker. I had a great time talking with them, encouraging them, and giving them an update on the city and what's happening around their community at the installation of their new members. I want to thank Jerry Mateo for his kind invitation to speak with them on Saturday. I also did attend Martina’s Restaurant Grand opening. It was a great grand opening. It's a beautiful place. Got to meet the manager and the owner. Nice people, great people. The service was good. The food is excellent. I encourage everyone to go out there and try it and support our new business. I also attended the Guadalupe Church Crab feed. We had a great time, great food. I liked the real dishes and the metal forks. That was cool. Nice touch.. I know I wanted to respond just briefly to some of the comments that were made during the public comment portion of it. Just because I'm the Mayor of the city doesn't mean I divest myself of my right to exercise my First Amendment right to free speech. As a private citizen, I have thoughts and comments and feelings about different sorts of things, whether it be rent control or supporting a group or another, whatever the case might be. I don't divest myself of those rights. As a private citizen, I can continue to speak freely about what I think and believe, and nobody can stop me from doing that. We all have family and friends that we talk to and we share our thoughts and opinions and that's completely and totally fine. Mark, it's almost like that was like an issue for people to think that the mayor, of course they call me by my title, but I also have a first name. I'm also a private citizen. Can you speak a little bit, just briefly a comment on mayors don't divest themselves of a right to speak as private citizens” City Attorney Mark Hensley – “Council members, including the mayor, have the right to express their opinions and on social and political matters. Their only restrictions are if there's a conflict of interest with regard to official city business while you're in the chamber or talking with your other council members or staff. There can be restrictions, but otherwise, free to speak. All of you are free to speak your mind out in public.” Mayor Alindajao – cont’d: “I certainly have my opinion on rent control. I'm not going to share it on the city's time tonight, but I have an opinion and I'm going to continue to share that with my friends and family and my circle of supporters that value my opinion. I also want to invite you to the swearing in ceremony for the chief, the new chief of police, Jerry Nicholson. Congratulations Chief Nicholson. The public portion of that event is going to be at 4:00 at the Jefferson Center. That's 436 Jefferson Street. I think most of you know where that's at. But please be there.
Come and meet the new chief. Shake his hand, ask him tough questions. But come on out and enjoy that wonderful ceremony.”
CLOSED SESSION
No Items.
RETURN TO GENERAL SESSION
No Items.
ADJOURNMENT
Moved by Nunez seconded by Morris and unanimously carried 4-0 to adjourn the meeting at 7:12 PM. _____________________________________________
Nancy Garcia, City Clerk