MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
May 06, 2024
CALL TO ORDER
Mayor Alindajao called the meeting to order at 5:33 p.m. in the City Hall Council Chambers, 1015 – 11th Avenue.
INVOCATION
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, Councilmember Vasquez
Council members absent: None
OFFICIALS PRESENT
City Manager Reyna, City Clerk Garcia, City Attorney Hensley, Finance Director Lara Rios, Chief of Police Nicholson, Human Resources Director Zamudio, Acting Community Development Director Chavez, Transit Manager Zamora, and City Engineer Dowling
PRESENTATIONS AND AWARDS
- Proclamation of Community Action Month (CAPK)
- Proclamation of Mental Health Awareness for the month of May 2024
ITEMS FROM THE PUBLIC
1. Maria Martinez, 1215 Lexington St. – “I'm here today because I have a business on 910 14th Avenue and I wonder if the curve and gutter are broken. You guys can send the city to go look at it because the lady fell down in there today. So that's why I'm here. It's 910 14th Avenue. It's right there by Main Street. Okay, thank you. That's it.”
2. Suzanne Villaruz, 1808 Terrace Dr. – “I do want to congratulate our staff for being here and our superintendent and my fellow board member, our district. Our district always seeks out what the needs are and then rises to serve those needs. I'm always so proud of them. I'm here today too as a volunteer organizing the opening ceremony for the Larry Itliong Unity Park. I want to say at this time, thank you to the city council, to every person on the staff who has helped us. We are not an organized formal organization. We're just sort of like the guys who want to throw a party for the park. We've had so much support. It is a beautiful park. We're so proud of it, we're so thankful for it. But I know we're going to send a more formal thank you. Max Becerra is probably going to come in with sparklers and all that stuff because that's Max. I myself, since I'm here, want to thank the city council and the staff especially because without these folks we'd still be lost trying to figure out paperwork. But thank you for that. Kudos to our district. My district, not the one I work for, but the one I serve as well.”
3. Josefina Chavez – “Why are you not helping us? For the small merchants that we seek to have, we seem to have a business where you can stop at the corner to sell and not be so many restrictions are the ones you're asking for. I tried to get a permit so I can sell flowers for the upcoming Mother's Day. years prior I had sold them and nobody requested a permit. Last year I didn't sell flowers, but this year I made some artificial flower arrangements. I didn't know this time I had to come ahead of time to request a permit to sell the flowers. It's been two months since I had knee surgery. I don't receive any government help. I don't have welfare. I'm not on social and I'm not receiving any income from anywhere. It's just my husband and I and we have to as for a family. There are many of those people who want to do our taxes, help the community, and get our permits, but we're not given the opportunity. I wanted to do things the right way, but they did not want to give it to me because I came in late and I wanted to do things right the legal way, but I'm not given access to obtain that permit. Some other people are making money online. So many people are doing business online under the rug and they're selling tacos, they're selling all sorts of stuff from their home and they're not being required anything and they're making money. But when a person like me wants to do things right the legal way, we're not given the access or the opportunity. We want to contribute. We want to pay our taxes, we want to get our permit the right way. I have a permit to sell in swapmeets. I ask you all, I ask you all what can I do to solve this? Or what can you do for me to solve this? I want to do things the right way. I just wanted to throw it out.”
4. Cecilia Espino – “I'm here to ask the city to consider placing one of those little flashing lights on Browning and 6th next to Cesar Chavez. My daughter will be attending Cesar Chavez and I'm kind of wondering why there isn't one there. I usually take her to school really early. She has zero period there. But during drop off time, around seven, maybe eight, the traffic is very chaotic on Browning when parents are dropping off their kids at Cesar Chavez. So I know we see these throughout town. I saw them right now at Jefferson coming in and I see them on Cecil from Albany to Randolph. So if the city could consider adding one of those little flashing lights when the kids cross the street between Browning and 6th right before they get to Cesar Chavez.”
5. Gloria Herrera, 1051 9th Ave. – “I'm here to thank the city council members for going and doing some finishing on the alleys of 8th and 10th. They went and put some tar or something on the top because I've been complaining that in the previous they had put some stuff that looked like dry cement, but it never stuck. So all the potter used to go to the street and it was close to my house. But now they could have done it a little bit more. They didn't put enough because that powder was so much. And little tiny rugs. So as they throw the oil or tar, whatever you call it now, the cars go by. When they go by, it still comes loose and it goes to the streets. Not so much, it's a lot better, but they could have put in a little bit more. also on the corner of ninth and in the past I have mentioned there are accidents because the cars that go through ninth, they go really fast. I don't know why is the reason, but there are always accidents there. It's about a month and a half ago that there was an accident. It bothers me that I have mentioned it before. Sometimes the cars, they go all the way too close to their homes. One time it hit the wall of the house on the corner and they hit the fences. Right now you go by, there's a chain link fence that is spent because the accident that happened maybe two years, three years ago, I guess they didn't have any insurance. So the fence is still bent. So I was wondering if maybe you can put bumps or I don't know, something that's too slow. The traffic goes through ninth.”
6. David Vivas, 925 Jefferson St. – “I'd like to first of all thank you Mayor for making the proclamation this past Thursday at our National Day of Prayer event here for the community. I also want to commend each sponsor who helped out at this event. It was a great event. Everybody had a great time. We served drinks all non-alcoholic and everybody still had a great time. Good place to laugh anyway. But in all seriousness, the National Day of Prayer is public law where the President of the United States is mandated each year to declare the first Thursday of May as such. Now this has been challenged by atheists and other organizations over the years which has accused it of being an unconstitutional violation of the separation of church and state. But if a person truly looks into the phrase and the definition the federal government, the state, and the city by acknowledging that day is not a violation of the establishment clause because the city's not trying to establish a religion. So it is perfectly acceptable and within the rights of our leaders to recognize that day as such. And again, it's been challenged in the courts, it's been challenged in the federal courts, supreme Courts, and so they have ruled it, those that have brought such charges that it excludes certain groups of people who are individuals who don't believe in God or a deity and it hurts their feelings.
There's no standing in a federal case over hurt feelings, just ignore it. I appreciate the fact that this community here does acknowledge the Lord. And our national motto is in God we trust, which we proudly displayed here in our chamber as well as many other chambers in this county as well as throughout the nation. We see it displayed on our patrol vehicles here in Delano. I just thank you so much for making that proclamation and I trust that every year that future mayors will continue to make such proclamations. And so again, thank you for everyone who participated, attended and I received a lot of compliments that they enjoyed the food, they enjoyed the company of people around. And again, seriously, everybody seemed to was having a really nice time.”
7. Claribel Gutierrez – “Today I'm here on behalf of the Assemblywoman, Dr. Jasmeet Baines. I know that we are seeking your help on a letter of recommendation for bill 2357, which has grown our own. I know that you guys are in the city-state in Bakersfield we have so much need in our community for physicians and doctors right here in our community a specific in our district 35th, which is Kern County. If you guys could help us put a letter of support so we could establish the California Medical School through the creation of the endorsement fund. It's just so we all could come in one accord to make sure that we have people who are qualified or they seeking to be doctors, nurses, or medical assistants. They don't have to go that far when they go out of our county or our district.They have to think when I leave out of here, I have to get a place to live, which I already have a burden because I'm trying to educate myself and become better. Now I have to focus on getting a job because I have to pay rent and then I need transportation to get there. And on top of that, I have to feed myself. If we all focus our energy and trying to build our own right here in the city in Kern County, with your guys help, it will be much better. I know that a lot of people want to experiment go in out of our city or our county, but just think about it in the long term for those students that they might have the heart or their education to go, but they don't have the funds necessary to go out and try to get that education that they seek. They might stay right here in Kern County to get us get better as the chairperson for the elderly population. My boss as a doctor herself and family pediatrician specialist is essential not only for her but for me that have been in recovery for 28 years, that we have our own people right in Kern County. But because of that, I'm here standing with a humble heart to ask for a letter of recommendation, not only for the city council, but every resident in the city of Delano. They have the field day. Why not? Why not us? We deserve just the best thing just like everybody else. We don't have to go to New York, Chicago, Atlanta, wherever to just come back. Once I leave Kern County, I'm not coming back.
That's just my personal opinion. So please, I humbly ask you to write a letter of recommendation for that bill.”
8. Irene Martinez, 714 Kensington St. – “I'm here to discuss an accident that just happened over the weekend.
I just got home in my block right on Eighth and Kensington, another big old bash, and it just happened to be at the time when they had the celebration of life for Ginda. Now there isn't a single weekend hardly that there's always a celebration going on at the American Legion. I'm right across the street from it. So I see it every day. Cars all over the place and they drive through the blocks like there's nobody there no matter what. We were fortunate enough, thank you to Ricardo for helping us with the one on 7th and Kensington, but there needs to be one on 8th and Kensington. I know that you'll need to go back and research how many times they've had accidents, but it's just not about having the accident, it's about public, the kids, everyone who's around there at the Legion Hall, there is always, always someone there. And we really need to consider having another stop sign in that particular area because we don't want any children to get hurt or any adults for that matter, anyone in the community to get hurt while they're out there celebrating. So after this Saturday, I finally said, enough is enough and since I was going to be here this weekend, I thought I'd go ahead and bring that subject and see what we can do about that. So thank you very much.”
9. Steve Kinsey – “Good evening, honorable mayor and council members. I'm hoping that you'll help me come to a resolution in a positive way that's causing me a lot of mental health anxiety and stress issues. I'm hoping we can come to some conclusion here. As you know, I'm representing the Kiwanis Club of Delano and since 2006 we've been the provider of the community's fireworks display. That was done through a request for proposal process that the city allows through ordinance. In that ordinance it states that the organization that's chosen by the city to provide that community show is automatically granted a fireworks booth to help defray costs for that show. That's very necessary because of the high cost of those shows. So in the process, there's also a lottery that takes place for fireworks booths and the deadline for them to submit that, the ones chosen to be the booths other than the exempt. There's a May 1st deadline to complete the application process through unforeseen circumstances. Although Kiwanis Club did not make the May 1st deadline. We came in May 2nd and it wasn't accepted by staff because of the way the ordinance is written. Now, when I read the ordinance, I take a different interpretation than the staff took with this.
They're holding fast to that they have to follow that May 1st cutoff. The way I read the ordinance is that through the request for proposal, which we had submitted back in mid-April, we had indicated Kiwanis Club that we were committed to providing the community show if chosen by the city. With that we were already granted the booth, we weren't part of the lottery for the other booths. So I didn't personally realize that I was to a tight deadline. We'd always submitted prior to this year on time or according to that deadline, but this time we missed. We had a lot of activities and different, as you know, the Easter egg hunts. We had a Fiesta night come up and we had some other things. We were working on projects for books for some students at the school sites. We're going to be giving away almost 1600 books to kids. But anyway, let me read the ordinance if I can take that time.” Alindajao – “Mr. Kinsey, you're out of time sir. If you'd like to have a conversation with council members or staff as a sidebar to the issue that you're having, you're more than welcome to do that.” Vasquez – “Do any of your members just want to read the ordinance and you guys just take his place?” Arnold Morrison – “The city shall reserve one fireworks permit to be awarded through a request for proposal process to a nonprofit organization that will contract with the city to provide a fireworks show for the residents of the city.”
10. Barry Gall, 2331 Girard St. – Inappropiate comments were expressed not pertaining to any city business or city concerns.
11. Roman Chadwell, Scripps Avenue – Inappropiate comments were expressed not pertaining to any city business or city concerns.
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 $3,187,841.49
3) Minutes of Regular Council Meeting of July 3, 2023
4) Minutes of Regular Council Meeting of April 15, 2024 5) Minutes of Regular Planning Meeting of December 13, 2023 6) Resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 5, 2024, for the election of certain officers 7) Resolution requesting the Kern County Board of Supervisors to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election 8) Acceptance and Approval of the City of Delano Quarterly Investment Report for the period ending March 31, 2024
9) Purchase of 30 TAIT TP9800 Handheld Police Radios Through 661 Communications 10) Approve Resolution of the City Council of the City of Delano Authorizing the Use of Unmanned Aircraft Systems
11) Purchase of Gym Equipment and Associated Equipment Items 12) Purchase of One Ford F-150 Police Responder and Associated Equipment 13) Award of Contract for the 2024 Delano Transit HVAC Project to South Valley Mechanical and authorize the City Manager to sign the contract
14) Adopt a Resolution Approving the 2024 Title VI Policy for the City of Delano Transportation Department
15) Authorize for the Rehabilitation of Delano Transit’s dispatching software with Trip Spark for Dial-A-Ride and On-Demand in the amount of $121,677 and authorize the City Manager to execute necessary documents.
16) Resolution approving the Final Map and Subdivision Agreement for Tract 7449, Phase 1, with Presidio Falcon Ridge 73, LLC, and Presidio JJR Wrenwood 75, LLC, located adjacent to and south of County Line Rd., between Albany and Ellington Streets, and authorizing the City Manager to sign the agreement and the City Clerk to file the Final Map with the County Recorder. 17) Report on the Status of the Local Emergency Regarding the Collapsed Sewer Line in the Kensington-Lexington Alley Pursuant to Public Contracts Code § 22050(c) 18) Acceptance of the 2023 Delano Antenna Towers Demolition Project and authorizing the filing of the Notice of Completion
19) Acceptance of the 2023 CDBG Glenwood Facilities HVAC Replacement Project and authorizing the filing of the Notice of Completion
Motion was made by: Solorio-Ruiz to approve items 1-19 on consent items; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
20) Community Development Block Grant Action Plan 2024-2025 Public Hearing and adoption Economic Development Specialist Fernandez provides a staff report.
Mayor Alindajao opens public comment.
No public comment.
Mayor Alindajao closes public comment.
Motion was made by: Solorio-Ruiz to adopt item 20 on public hearing; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
REGULAR AGENDA
21) First Reading of Ordinance Amending Delano Municipal Code Chapter 6.26 to Update the City’s Sidewalk Vending Program Pursuant to California Senate Bill 946.
City Attorney Hensley presents a PowerPoint and provides a staff report.
Mayor Alindajao opens public comment.
Steve Kinsey asks who would be responsible for enforcing the ordinance and if police officers have jurisdiction over this since the city is not open on Fridays and the weekends and that is when vendors are out on the streets.
City Manager Reyna responds that it would be Code Enforcement officers and that there is a code enforcement officer who works with the police department.
Mayor Alindajo closes public comment.
Solorio-Ruiz – “I want to address the speakers who spoke on the item. I want to also share a quote that I found that I think it's very important to keep in mind and I think we can all agree to it, is that street vendors can serve as really important community policing roles as they add life to streets, often devoid of activity, discouraging antisocial behavior by acting as eyes on the street. They can also be anchors for cultural events we've seen or I've seen on social media for the past couple of years in different communities, some in Bakersfield or in the area that our street vendors are under attack. And I think that this isn't attacking our street vendors. I think this is doing the right thing by putting all of our ducks in a row. But I do have some questions for you Mark, Mr. Hensley. So is what we're doing today, is it basically updating it to abide by state law or are we making our own changes aside from state law?”
City Attorney Hensley – “I would say it's both. I mean state law does allow for some health and safety restrictions. So it's consistent with that. This is making just, I dunno, a handful of changes about where they could be located for purposes mainly of health and safety to protect the drivers that are out there and the pedestrians. And then in some cases like again with the cemetery, just out of respect for what is occurring in a cemetery. So these are out of discussions with staff and looking at the issues. These were concerns that were raised and again they're relatively just a handful of changes that are going to make pretty minor changes just to help protect the intersection so that again, the line of sight of pedestrians and people driving is not interrupted by someone at the corner protecting school children, making sure the police and fire stations as they're exiting or coming in that there's not people that might get injured. But again, just all pretty minor restrictions that are consistent with state law.” Solorio-Ruiz – “But to clarify there, did we gather those amendments through the state law or did we create those amendments? But of course in compliance.”
Hensely – “The latter.”
Solorio-Ruiz – “And then do you know Mark, compared to other cities, do you know if they have similar structures for their vendors permits?”
Hensley – “I think that these are pretty consistent and as cities experience different issues they sometimes address different issues. But yeah, I think that these restrictions are, again, they're very pretty limited on the restrictions you can put in place. And so yes, I think these are consistent with what we're seeing in cities. And again concerning the intersections, cities are all having to adapt this year to the new state law of making sure there's more buffers around the intersections.” Solorio-Ruiz – “I'm not sure if I don't believe you possibly city staff can answer this in regards to we see different amendments and changes to the ordinance such as identification cards, identification of each employee who is standing in the stand, a maximum lengths allowed for cards, et cetera. What educational components are we doing to educate incoming and also present food and street vendors of changes including how to apply for a permit itself as well?”
Acting Community Development Director Chavez – “Good evening mayor and council. In regards to education purposes and through the various meetings that we had, staff has also taken initiative just like we heard from one of the speakers of staff going out and educating some of the vendors in regards to that and also whether or not they are permitted. One, the change that's coming as well as also making sure that they are properly permitted and brings them to city hall, make sure they take care of come to finance and getting them fully permitted.”
Nunez – “So this was brought up several months ago regarding a lot of our street vendors doing their stuff and city staff had issues. We didn't know if that person had a permit or not. So what we looked at is a system where those who are doing everything correctly will not get bothered. So this thing to identifying them and having them showing their permits are no different than our brick and mortar businesses here in town that have to show the permits and have them hanging as you walk in the building. That's what's going on with these permits for our vendors on the streets. Another thing that the state enacted in 2018, Delano updated theirs in 2020. In 2020 what we're doing now.
I believe we're only changing five things and we're changing five things to benefit the vendors. one of the benefits is we looked at the cart size and the location, they can have their tarps and stuff like that. You can't buy anything that small, what was put in the original ordinance prior to 2020. So that's being updated so they can have a bigger area where they can be and where specifically they can and cannot sell. It also helps them when they come into the city requesting their permits, there's a cheat sheet created for them. So I'm coming in to get this permit and they're not bouncing back and forth to different departments. They come in, this is what I need to do. They get handed the paperwork and everything they need with the understanding that this is how long it takes staff to get their stuff back.
So one of the things that's required is fingerprinting them, make sure that we have the correct people are not out there around our children no different than we do with our ice cream trucks. Of course we don't want a specific type of person selling ice cream to kids. They can become a victim again. So you have to go get fingerprinted and we're asking all the vendors to do the same thing because a lot of our citizens do take their kids, a lot of the kids do frequently come up and attend these vendors. So we want to make sure these kids and everybody who comes around these vendors are safe not only for city ordinance but with also the county's environmental health. Make sure they have everything with environmental health and everything is correct. That's why this was put together. This is not changing what we do. We're actually encouraging them and coming forward, staff was asked, how can we go through this to make everybody transition correctly? So I believe for about the past 60 days plus staff has been going out and educating, telling everybody this is coming around, we're not changing this. This is what the law is and you're not complying with the law. We're going to give you time to come within compliance with our law. And in addition to this, when the city council does pass the updated ordinance, there are going to be some other items that will be coming up. And this is what you also need to come within compliance. That's the reason for this is to make sure everybody's within compliance and we are safe for our community, those who are selling food items, that it is cooked and done correctly. No different than what a restaurant does.” Morris – “I just wanted to thank staff for their report and for the clarification that was given today. It just makes things a little bit clear or is too, and I think we talked about these ordinances before, but I think now it specifically points out some of the details that we needed to point out. So that's all I have.” Vasquez – “So I just had a couple of follow up questions because a lot of times many of the council, we do get asked questions after meetings happen. So in regards to this cheat sheet, where can that be found? Can it be found online? Do they have to come in to receive that cheat sheet? Also, in regards to getting into compliance, how long do they have to get into compliance? Is it 30 days, 60 days, 90 days? And is that part of the cheat sheet that's being offered? And then in regards to application process, do they have to come in person? Is that offered online? How does that work? That is application in multiple languages.”
Acting Community Development Director Chavez- “So it's a multi-part in regards to where exactly the potential application is in regards to if they're completely permitted or it's a renewal, it's a business license as well as a vending permit. So in regards to this cheat sheet, code enforcement does educate the individual, they give it to them, and they could pick it up here or by word of mouth. They just come to city hall, they make sure that they're properly licensed with finance, they're permitted with community development. And in regards to time, it just depends in regards to the background check and what they need.”
Vasquez – “Now have we considered doing stuff online also so that people don't always have to come to the office? I know the hours we're not open on Fridays, so that's a lot of times inconvenient for the community and it's Monday through Thursday. So have we looked into doing things online? Are people need to be renewed? They can look up online to say, oh, I have a few months left, I have this much of time to do it. The application, filling out the application, having the cheat sheet online instead of only having to come into the office.”
Acting Community Development Director Chavez – “I’ll let finance answer that.” Finance Director Rios – “Sorry, council member. It's kind of like a team project here. We are going to be putting information regarding the sidewalk vending ordinance and the application process on our city website. So there will be some information specifically just for sidewalk vending so they will have access to it online.”
Vasquez – “And is that part of your plan? Because I'm sure you guys have your layout plan. Do you know when that is possibly going to be foreseen in the future?” Finance Director Rios – “Yes, we're in the process of currently developing the page. The ordinance will, this is the first reading, so second reading. Yeah, once it goes into effect we'll put the page up. So 30 days after the second reading should go into effect.”
Alindajao – “As far as I see this issue, we love street vendors. I think street vendors are part of the fabric of our community. I think it's a great story to see entrepreneurs and folks who are out there trying to earn a living for their families. As long as I can remember, even in Mexico, my grandma had a little store set up outside of her door as far as I can remember. There were a lot of street vendors in Mexico as well. And it was a lot of fun, especially when you were a kid. But I think street vendors were for street vendors, we're not against street vendors. There was a comment here that we're concerned about tax money. I believe me, we're not concerned about tax money, we're concerned about public safety. And I think that's our number one concern as a city government. Certainly, the city is open for street vendors, we're open for business and if street vendors want to open a business here in the city, or start a street bending business, you're more than welcome to. Of course, there's a process because, at the end of the day, the intent of the process is public safety issues like health and safety, traffic safety, the safety of our children who are using our streets and sidewalks, the safety of first responders. That's also important. Consumer protection, if someone were to get hurt as a result of someone's product, that's all part of the analysis and the thought that goes into the rules and procedures that we set forth as a city. And so we're not trying to jam anybody up, we're not trying to prevent them, but there is a process and timing to that process that has to be followed. I believe one of the public comments talked about identification. Identification is an important step of that. We want to make sure that street vendors that our children have access to and others have access to are folks that are allowed or supposed to have contact or be around children. So it's very important the identification process to the health and safety of our community. So all of this is aimed towards that very important goal and just protecting and keeping our city safe.
We're not interested in tax money, we're just interested in a safe environment for not just the street vendor but for the community. I also believe that if a street vendor goes through the process of being permitted and has the identification and the permit card, I also believe that that could be good for their business as well. It engenders a sense of confidence in that vendor on their product when you know that they're permitted, they're insured, they have all the proper tools to run a legal street vending operation. I think that may attract more customers than otherwise, but it is a process. That is a process. And I think it's been my experience in just reviewing some hearing stories, speaking to many street vendors, some of the challenges I think have been not on the changes that we're necessarily making, but in the basics of the permitting process. And that's something that I know our staff is doing a great job of educating the street vendor or potential street vendors out there by providing a cheat sheet, by providing information. At some point it'll be available online, but there is a process to all of this. It's almost like getting your driver's license. You don't show up one day and get your license. It's a process. It might take some time. So street vendors also have to give a little of themselves and be patient with the city and with the process, again, all of us working together for the benefit and the safety and the health of our community. So I think these changes are great. I especially like the change of establishing the buffer around the cemetery. I think we've had a lot of issues out in the cemetery, not just outside of the cemetery but inside the cemetery. And I'm glad to see that buffer zone increase because that is a place where a lot of our loved ones and friends are. And we go there at times and visit and want to have a solemn moment and whatnot. And I think that's a respectful thing to do, but it looks like an increased buffer zone to the sidewalk vendors of private public schools. I think that's important for traffic. In fact, I was driving down Garces Highway one day a couple of weeks ago and saw an auto accident based on the car trying to get over to a street vendor on the, looks like that would be the northwest corner of Garces and Randolph. So traffic can be an issue, especially some vendors. Some vendors are more popular than others, so it can certainly create traffic and safety issues for the public. I think that's all the comments I have. I invite our staff to continue to educate the public and potential street vendors of the changes in the ordinance, educate them about the application process, the fact that it takes time to go through the application process. It's probably not a good idea to show up a week before, try to get a permit for the upcoming weekend. It's going to take a lot more time than that and that might be part of our education process. And perhaps giving them a window of time that it takes. I believe our ordinance does include that. Right? 20 days is it? Okay. That's an estimated time that it takes for a street bending permit to process. So go ahead.”
Vasquez – “I just have a follow-up question because you kept on mentioning the cemetery. Are you working in collaboration with the cemetery or the cemetery board? Just to notify them if and when changes will be made so that they can possibly speak on it also at their meeting in case, because sometimes people confuse the two and they may go to them with questions. So just to let maybe the cemetery know what's happening. I'm asking is staff, after it's done, you guys have a formal conversation to let them know. I think that would be helpful, just so you know in collaboration.” Nunez – “I actually have reached out to the cemetery regarding some issues down there and they're aware that the ordinance is changing.”
Motion was made by: Nunez to approve item 21 on regular agenda; 2nd by: Morris
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
22) Receive and File Overview and Initial Analysis of Rent Control and Tenant Protection Initiative Petition (Petition), including Comparison of Petition to Existing State Laws, and Council Discussion and Requests for Additional Information and Analysis.
Mayor Alindajao has a conflict, he excuses himself and leaves the dais at 7:35 Vice Mayor Morris takes over the meeting.
City Attorney provides a staff report.
Council member Solorio wants to know if we are able to have a conversation with the proponents of the petition.
City Attorney Hensley states that this is fine and it is something that staff recommends.
Vice Mayor Morris opens public comment.
No public comment.
Vice Mayor closes public comment.
Council member Nunez provides a scenario wants to know if he has the right idea as far as the landlord having no say.
City Attorney Hensley shares that there is some say for most leases for residential properties. The landlors wont have much time for determination though.
Councilmember Nunez wants to know if this will be a state issue.
City Attorney Hensley shares that only if it is about the amount of rent and how it was calculated in the increase.
23) Consideration and possible action to (1) adopt Resolution No. ___ establishing procedures for increasing water, wastewater, and solid waste fees in accordance with the requirements of Proposition 218, (2) approve the preliminary Proposition 218 documents and direct staff to commence the Proposition 218 protest procedures regarding proposed rate increases for solid waste, recyclables, and green waste/organics collection services, and (3) authorize the City Manager to enter into a professional services agreement with Koppel & Gruber for related services.
This action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. (“CEQA”)) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the action does not constitute a “project” that requires environmental review (see 14 CCR § 15378(b)(4-5)).
Public Works Director Dowling provides a staff report.
City Attorney Hensley provides more information regarding Prop 218.
Mayor Alindajao opens public comment.
Lupe Martinez asks who will receive the notice whether it be the owners or renter and how is it set up. Another question he has is when the notices are sent in, by when will they have to send their protest. He is also curious if the city is responsible and since many will be protesting it will the city be liable.
Councilmember Solorio wants clarification on what it means to protest this Poposition and is it a written statement or what exactly is it.
City Attorney Hensley confirms that it will be a form that you sign and check a box and will be tracked by the parcel numbers.
Councilmember Vasquez wants to know if people are being red-tagged for rate increases.
STRR representative shares that they are looking for contamination being placed in the wrong bins.
Motion was made by: Nunez to approve items 23 on regular agenda; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
DEPARTMENTAL REPORTS
No Items.
COUNCIL STATEMENTS AND REPORTS
Salvador Solorio-Ruiz – “Well first off, I want to say happy birthday again. Well thank you to yourself and Joe, hopefully you celebrate tonight. I know you're here, but hopefully you go out and get a good meal. I also attended the annual public school luncheon honoring teachers, staff and students through the Delano Union School District.
So it was good to see students and also educators receiving their awards and their honorees. I also attended the National Day of Prayer. I think that's very important. I believe my colleagues were there as well. I want to thank of course, Mark and your law firm for of course, sponsoring. I think we definitely need prayer in the community, of course, to just address it. The comments that we heard today, I don't believe quite frankly, they were from Delano residents, but if they were, of course, I think it's still appropriate. So the minutes reflect that we condemn those and it's not appropriate. I think maybe in the future we can have a discussion if we even need to on Zoom and if we're still going to allow it. I would like to still have it, just not necessarily allow public comment, maybe just do a live stream on Facebook or YouTube like other agencies do, but not accept public comment. I do want to end the meeting, of course, possibly if we can, to close the meeting in honor of Ginda Atkins, who has been a complete pillar in the community and has helped many of our organizations and community members and I know we unfortunately lost her. I would like to end the meeting in her honor.” Veronica Vasquez – “Okay, so now I'm confident to say Relay for Life's new date is June 1st. They decided, and it sounds like it's going to be split, but it's still will be held at DHS soccer field. The other thing is the how dinner has moved this month to this Thursday, it's going to be recognizing Yolanda Chacon Serna. So those of you that are having trouble registering, you can register with me. You don't have to pay for the meal until you actually go there.
It's going to be at the American Legion for $15 and they will be doing raffles, raffle prizes. they accept cash. Usually for the auction, you can invent more sell.”
Councilmember Nunez – “If I don't do this, then I'm going to get in trouble. Tomorrow's my daughter's birthday, so I need to say Happy Birthday to Kayla. If not, I won't hear end of it because I keep mentioning the we're ing to her too. I keep mentioning the grandkids and I don't mention her. Also happy birthday to my granddaughter, the oldest Raylee. Her birthday is coming up as well to both of them. Another thing I have is the Guadalupe Church has a food giveaway this Monday coming. It starts at 9:30 in the morning. They're at the church. Anybody having problems with mosquitoes, please get ahold of mosquito abatement. They're aggressively looking for the mosquitoes.
There's an invasive mosquito that has hit our city and has been here for several years. So if you have a mosquito problem, even if you don't have the problem, please call them. There's flyers, they're sitting up here that's got a number on them, call them. They will come and check the neighborhood. I did have this issue in my neighborhood. I thought maybe we were, the problem ended up finding down the street from my house, just a bunch of planters in somebody's backyard. It was holding water and there were several thousands of mosquitoes breathing there. So again, there's called mosquito abatement. There's no charge for them to come out. You're already paying it on your property taxes. Have 'em come out and spray.”
Mayor Pro-Tem Morris – “There's a lot been happening all week. Seems like I've been doing something or we've been doing something every single day. So it's been a busy month. starting off, like I said with the National Day of Prayer and Mark, we thank you for your generous contribution to that event. We really appreciate your help. Also too, we had, of course Ginda and what a stalwart volunteer she was and our community. She was involved in so much and did for so many people and had a great love for the people in this community. And so we honor her and for all her contributions to this community. Also too, I know last meeting, we mentioned Mr. Johnny Munoz and his loss and I received a little card from his wife and I told her that we had mentioned him at the city council meeting.
She says, nice to see you at Memorial. She says, please thank the council for their respect for Johnny. Also, of course, KIWANIS had their Fiesta Night Saturday in the rain, but the show must go on. Okay. So everybody that was out there braved the rain. We were going to have it outside and then all of a sudden at the last 20 minutes, we had to bring all the tables in underneath a little canopy that we had out there. But we were all scrunched up. But hey, the party went on and good people and good sponsors were out there to help Key Club and Kiwanis. I have to give a shout out to Kiwanis only because they do good things for kids and that's their whole purpose is to help kids and the events that they chair and do every year is to benefit children. So thank you. All of you who have contributed to Kiwanis and their events, we appreciate, we appreciate that. With that, don't forget, we have Larry Itliong this Saturday between 10 and 2, the dedication of the park and it's going to be a pretty big thing. We have Rob Bonta legislative represented way up there and he and other dignitaries that are coming. So we have a lot of people coming in from Stockton. A lot of people are from San Diego. And so it's going to be a pretty big thing out there. So come out and join the festivities and enjoy the food out there. And so we hope to see all of you come out and support that. I'd like to mention all too, I just got an update from Maribel indicating that the pool will be dedicated at the end of the month also too. Right? On the 25th. So we're looking forward to that.” Mayor Alindajao – ABSENT
Motion was made by: Solorio-Ruiz to adjourn regular meeting; 2nd by: Nunez
Vote: 4-0
Ayes: Nunez / Morris / Solorio-Ruiz / Vasquez
Nays: None
Absent: Alindajao
Abstentions: None
ADJOURNMENT
Moved by Solorio-Ruiz seconded by Nunez and unanimously carried 5-0 to adjourn the meeting at 8:30 PM. _____________________________________________
Nancy Garcia, City Clerk