City of Delano
Agenda Item
Staff Report Check List
Date of Council Meeting Type of Item
Consent Regular
Title of Agenda Item/Subject
Type of Document/Attachments
Resolution Agreement Ordinance Other Total Pages
Department Head
Submitted: Budgeted:
_______________________________________________
Department Head Signature Agreement Executed by other party:
Reviewed by City Attorney:
Finance Director
_______________________________________________ Approved:
Rosa Lara Rios, Finance Director
Notes:
City Manager
_______________________________________________ Approved:
Maribel G. Reyna, City Manager
Notes:
Yes No
Yes No N/a
Yes No N/a
Yes No
Yes No Hold
08/19/2024 Public Hearing
Minutes of Regular Council Meeting of August 5, 2024
Budget Impact/Fund
7 Department
Finance
x
MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
August 05, 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
Mayor Alindajao 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, Chief of Police Nicholson, Human Resources Director Zamudio, Acting Community Development Director Chavez, Fire Chief Duncan, IT Manager Enriquez, and City Engineer Dowling
PRESENTATIONS AND AWARDS
Recognition Award for the Larry Itliong Park presented to Council by Max Becerra Recognition Award to American Legion Merle Reed Post 124 for their 100th-Year Anniversary accepted by Casey Rhodes and Anthony Cortez
ITEMS FROM THE PUBLIC
1. Abraham Jimenez – [inaudible for first few minutes] “Also Stephanie had waved a knife and there were witnesses. There are still three witnesses, Ms. Reyna that you have not interviewed. I have them and they have they're witnesses that they had the knife when Stephanie pulled the knife on a few of the citizens there to wave to show her authority. Well, this is America. We don't have to wave knives. I go to the seniors to enjoy myself and also for everything else to share good moments with people. And I leave and I am very peaceful. But this day got out of hand because one lady named Chris Lanka is very rich and she's my friend and she has a habit of taking too much food. Well, I told her she couldn't do that. They've told her she couldn't do that, but they overlooked this. Ms. Reyna, you did not look into that and if you did, I don't know.
And also Stephanie was overlooked. She doesn't wash her hands. She goes to the bathroom and they caught her. She goes to the bathroom, she stays in her stall, she comes out and she doesn't wash her hands. And then she handles her coffee. She makes her coffee and we have to handle, drink our coffee with somebody that doesn’t -”
Stopped due to the limit of 3 minutes per speaker.
2. Anthony Cortez, 282 Shell Beach Ct. – “First of all, I just want to say that this last Saturday went and attended the grand opening for the pickleball courts and it was a nice event. It was cool. Got to see the mayor show his stuff and I going to challenge him. I put that challenge out right now and any of you that want that challenge, you know what? Let's do this. It looks like fun. I didn't get a chance to get out there and play, but man, it looks like great exercise, limber and just have a good time. I did notice or hear a couple of complaints out there though it started at 7:30 and they started playing. The sun was in their eyes.
So if you go by those courts right now, you'll see, I guess they're called black shades that are around just on three sides of those fences. So the sun's coming up on the east side, but there's no shade there. So I think that if you would maybe, I don't know if parks and recreations are in charge of that or the city is, but if they can look into that and maybe put those shades there, I think that will eliminate that. Another thing too, if you get off 99 freeway, if you're going south and you get off to go to the marketplace area, there's the street right there called Marketplace Drive, the stop sign stoplight if you make a right, going to In and Out and Home Depot's right there, it looks like there used to be a stop sign. There's a pole that's knocked down. In that intersection, that corner right there, you get close to accidents there because there's nothing at that stop. If you could look into that, maybe put yields or something like that right there. I know that by law big places like that and I think Councilman Nunez and the Chief over here, if you run a stop sign in a big place that has stop signs wherever that it's against the law and people do run those stop signs too. So anyways, it is kind of a bottleneck there. Sometimes you don't know who's coming and who's going to turn. I'd just like for the city to look into that. That's all I have. Thank you.”
3. David Vivas – “I'd like to just first of all extend my appreciation to the City of Delano and also to Chief Jerry Nicholson for the use of the community center on Jefferson Street for the community vigil, which was held again Thursday, July 25th. This particular remembrance vigil was long overdue. It's been a few years since we've had the last one and I know that the families that had attended really appreciated the vigil that was put forth. Our Chief MCed the event and it was a very nice put together vigil. One thing I just want to encourage the council in the future is to continue to be supportive of our police department when it comes to flock cameras or anything else that would be useful to the department. My heart grieves several years ago, back in 2018, the City Police Department had a grant to purchase flock cameras. At the time the previous Mayor who was no longer here, he was very much adamantly opposed to it and put out a false notion that putting up cameras in the city would make people feel unsafe. That is the total opposite of the case. It's very sad that some people who don't know bought into that narrative. Had those cameras been up there, I'm sure that it could have been either a preventative or maybe some of these crimes that did occur could have been solved already because of those cameras. But unfortunately, we had some really horrible information, which now we have victims of crime. We've got families that have been devastated all because a former Mayor said that those cameras would make this city unsafe. We have a very poor view today from certain politicians who want to release criminals and actually have no consequences for criminals. We had a debate here with that by that same Mayor putting forth a bill that would free up many criminals and put them on the streets because we have people today who just don't believe in punishing bad behavior. It's just the total opposite of what should be done. I want to thank the current Chief and others who have pushed for these cameras and thank you to the city council who have approved and see the value of such equipment, which helps our detectives and the police department. I know because of those cameras you could talk to the Chief, they will tell you that they have been very instrumental in capturing many suspects. So again, thank you to this current city council for approving those cameras and I genuinely appreciate anything that has to do with public safety. God bless 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 $2,372,088.86
3) Minutes of Regular Council Meeting of July 15, 2024
4) Minutes of Regular Planning Commission Meeting of May 8, 2024 5) Minutes of Regular Planning Commission Meeting of June 12, 2024 6) Acceptance and Approval of the City of Delano Quarterly Investment Report for the period ending June 30, 2024.
7) Acceptance of $166.66 donation from The Wonderful Company, for Community and Crime Prevention Events
8) Consideration and possible action regarding (i) the adoption of an urgency ordinance adding Chapter 12.40 (Covenant of Easement) to the Municipal Code, and (ii) introduction and first reading of an ordinance adding Chapter 12.40 (Covenant of Easement) to the Municipal Code Environmental Review: The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.(“CEQA”)) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3), and (3) the ordinance does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). 9) Approval of Purchase and Installation of New Security Camera System with appurtenant equipment and lice/nses for $82,246.37 from Global CTI under PEPPM Contract # 535122-190 and authorizing the City Manager, or her designee, to execute all required document
10) Approval of Large Open Purchase Orders for the Water Division for July through December of 2024
11) Award of the 2024 Water Plant 3 Rehabilitation Project to Unified Field Services Corporation in the amount of $2,028,927.00 and authorize the City Manager or her designee to sign any documents needed to carry out this work to completion. (Agreement No. 2024-38) Motion was made by: Morris to approve items 1-11 on consent items; 2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
12) Consideration and possible action to adopt Resolution No. 2024-___ authorizing an increase in the maximum rates chargeable by USA Waste of California, Inc. (Waste Management) for roll-off container and industrial waste container services in the City of Delano (Agreement No. 2024-39) Environmental Determination: The proposed amendment to the agreement between the City and USA Waste of California, Inc. 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 increase in service rates may have a significant effect on the environment. (Cal. Code Regs., Title 14, Section 15061(b)(3).) Staff report provided by City Engineer Dowling.
Mayor Alindajao opens public comment.
No public comment.
Mayor Alindajao closes public comment.
Mayor Alindajao confirms that the max increase would be 5% and the increase can be asked for every 2 years.
Motion was made by: Morris to approve item 12 on public hearing; 2 nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
13) Proposition 218 majority protest proceeding regarding proposed increase to the rates and charges for solid waste, recyclables, and organics collection services
Environmental Determination: The establishment of rates is statutorily exempt for purposes of the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21080(b), and Cal. Code Regs.
Title 14, §15273(a), et seq.) because the rates are necessary and reasonable to fund the administration and operation of solid waste, recyclables, and organics collection service throughout the city.
Staff report provided by City Engineer Dowling.
City Attorney Hensley provides an overview of Prop 218.
Mayor Alindajao opens public comment.
Myra Garcia shares he is not in favor of the increase.
Mayor Alindajao closes public comment.
Lynn Gruber with Koppel and Gruber provides a summary of how many notices they mailed out. They mailed out approximately 13,204 notices, 2,9000 of those were duplicates meaning that the trash account holder and the property owner were different so both would have received notices. All in total 10,301 of the properties were notified so 5,151 were needed for a majority protest and 1,313 protests were received today.
Motion was made by: Solorio-Ruiz to approve item 13 on public hearing; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
Motion was made by: Solorio-Ruiz to adopt resolution for item 13; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
14) Resolution Approving Amendment No. 1 to the Subdivision Agreement for Tract No. 7449, Phase 1, and Final Map
Environmental Determination: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) § 15183, Project Consistent with a Community Plan, General Plan or Zoning as the proposal is consistent with the General Plan and zoning that would accommodate the established density of the development.
Staff report provided by City Engineer Dowling.
City Attorney Hensley provides more information on amending maps.
Mayor Alindajao opens public comment.
No public comment.
Mayor Alindajao closes public comment.
Motion was made by: Morris to adopt item 14;
2nd by: Solorio-Ruiz
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
15) Ordinance Amending the Delano Municipal Code to Modify Subdivision Utility Requirements and to Establish a Procedure for Modifying Final Subdivision Maps Environmental Determination: This action does not constitute a “project” under the California Environmental Quality Act (“CEQA”), because this action will not cause a direct physical change in the environment or cause a reasonably foreseeable indirect physical change in the environment.
Staff report provided by City Engineer Dowling.
City Attorney Hensley provides more information on amending maps.
Mayor Alindajao opens public comment.
No public comment.
Mayor Alindajao closes public comment.
Motion was made by: Solorio-Ruiz to adopt item 15;
2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Morris / Nunez / Solorio – Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
REGULAR AGENDA
None.
DEPARTMENTAL REPORTS
None.
COUNCIL STATEMENTS AND REPORTS
Council member Solorio-Ruiz – “Yes. I just want to give an appreciation. I know Sumeet isn't here, but give an appreciation to her and her staff for helping host the Back to School Open House event, we provided many backpacks of course, thanks to Kern County Child Support Services as well as the different barbershops and hair salons that gave their time and commitment to help our little ones as they go back to school. I also want to thank the Central Valley Latino Mayors and elected officials. That is an organization that every year reaches out if we want to receive donations for backpacks. I reached out of course, and after the event distributed to families who were in need of one and then also the pastor is here, so I just want to give thanks to him as well and the Chief for hosting the Remembrance Vigil Delano victims of crime. I think it was a beautiful event and I think that we always need to reiterate our support to the families who have been impacted by gun violence and how we can move the needle forward on finding out who committed those acts, but also supporting our families. I did not go to the pickleball tournament with the mayor, but I did see that it was a hit and I'm glad to see it was a success. Of course, I believe the mayor lost. So just on the record, you won one, and then, let me see. Just wanted to send a reminder, to support our local businesses as Delano is growing and expanding. It's important to support our local businesses where we can, whether it's a sharing on social media or actually purchasing a meal or something. I think that's important. For the next meeting, I will be talking to staff to present a proclamation to the Valley Fever Institute of Kern County for Valley Fever Awareness Month. I have the language on that. They provided me the language and I'll forward it over so we can do that. I think that's a great thing to do. Other than that, everyone have a safe day and God bless you all.
Thank you.”
Council member Vasquez – “Suzanne brought it up earlier, but people are very excited that Filipino weekend is going to be coming back. That's the big thing right now and I'm excited for our community. October 18th, 19th and 20th.”
Councilmember Nunez – “The only thing is it’s my grandson's birthday tomorrow, so I have to say happy birthday Roman.”
Mayor Pro-Tem Morris – “Yeah, just excited about all the growth in our community and our city. We even got a Baskin Robbins now, but we're on the map now. It is exciting when you see something come into Delano and raises the quality of life for the people that live here, that live in our town. Then when you see charter homes come up, , it's amazing. I was out at the pickleball court. It was a challenge and that was fun. It was good to see so many people out there supporting that. It's always great when we have a facility that our residents can use here in our community that'd have to go someplace else or some other town to participate in those kinds of events. I hope to see other little pickleball tournaments and stuff out there. We had a large crowd from the pickleball people who play, I guess are dedicated pickleballers in Bakersfield. They were all here to help us do the ribbon cutting there. The mayor was out there challenging people and he even had his gift cards ready to pay out. He lost. Yes. So thank you everyone for all that you guys do for this community and your passion for our city. I hope that we continue our growth and that all of us will keep that passion and let's keep Delano going. As we get more things in our community we can say, Hey, we can shop at Target or now, or we can shop at other stores that have come in. I'm excited about our growth. Thank you.”
Mayor Alindajao – “I often say that Delano's living its best life right now. It is. I want to thank my colleagues on the city council for their cooperation and work on being open for business, our staff and everybody who takes part in ensuring that we create the right environment for our community to grow. It is super exciting to watch the ground opening of Target, the pickleball courts. I also want to say thank you to the Chief and tell the police department and Pastor David Vivas and World Harvest Church for putting on the victim's Vigil. It's important that we keep the memory alive of our loved ones, that we've lost a violent crime, and also keep attention on the cases that are still being worked on to try to solve the cases. I appreciate you doing that, pastor. I know you led the way in doing all that for years now, so we appreciate that. And Chief, thank you for your participation in that as well. Yep. I was at the pickleball grand opening. I mean, I want to thank a lot of people for that project. I want to thank Sumeet, our Parks and Rec director. I want to thank Art Medina, Roman for your work on the construction and managing that project. I know we were talking about pickleball courts from, I think last summer of last year, and it's sometimes slow to get things done, but we finally got 'em done and we had a great turnout at the grand opening. We had some folks from Bakersfield that joined us. Maddie, I want to thank Maddie Jane. She's a pickleball pro. I call her and teacher and she's going to be conducting some what we call fast track pickleball lessons. So we're going to have those fast track lessons a few times during the year, and she's also going to be putting on some tournaments. So I'm kind of excited for that. I've been playing ever since our courts opened. I started playing at the coast because that's the only pickleball court that I knew of at least a back in the day. I started playing at a friend's house, and then we got our city pickleball courts open about a month ago. So I've been out there probably three or four times a week.
The lights are on until 11 and it's packed. People are always out there playing most days of the week. So it's really exciting to watch the community have an opportunity to get out there and be healthy, be active, and folks of all ages and young, older, middle, middle age, whatever your station in life is. I see folks out there, so you never tried it. It's a lot of fun. I always like to describe it as the mix between tennis and ping pong, but it's a lot of fun. It's really addicting. I had the mayor's challenge. I played five games. Most pickleball games are played till 11. After the first game, I was about wiped out, so I lowered it to nine. Then after that game, I lowered it to seven because it was just a lot of games. Most pickleball games are played in doubles, but I happened to do the Mayers challenge in singles, so you can imagine how long that took. I was exhausted. But anyway, I beat one person and I barely beat him, but we gave away some fun prizes to the winners and everybody had a great time. We got a lot of great compliments on how the pickleball courts came out. So thank you all for coming out. Whoever was out there in support that the vice mayor was there, it's a lot of fun.”
Motion was made by: Solorio-Ruiz to go into closed session at 7:01PM; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Nunez / Morris / Solorio-Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
CLOSED SESSION
16) LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 Claimant: Ivan Hernandez Munguia
Claim No. FR102143
Agency Claimed Against: City of Delano
17) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9; One potential case
Motion was made by: Solorio-Ruiz to return to general session at 7:11 PM; 2nd by: Nunez
Vote: 5-0
Ayes: Alindajao / Nunez / Morris / Solorio-Ruiz / Vasquez Nays: None
Absent: None
Abstentions: None
ADJOURNMENT
Moved by Solorio-Ruiz seconded by Morris and unanimously carried 5-0 to adjourn the meeting at 7:12PM _____________________________________________
Nancy Garcia, City Clerk