MINUTES
CITY OF DELANO
CITY COUNCIL – REGULAR MEETING
April 7, 2025
CALL TO ORDER
Mayor Morris 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
Council Member Osorio led the flag salute.
ROLL CALL
Council members present: Liz Morris, Mario Nunez, Joe Alindajao, Bryan Osorio, Salvador Solorio-Ruiz Council members absent: None
OFFICIALS PRESENT
City Manager Reyna, City Clerk Chavez, City Attorney Vasquez, Finance Director Lara Rios, Chief of Police Nicholson, Human Resources Director Zamudio, Interim Community Development Director Dowling (via teleconference), Public Works Director Nunez, City Engineer Rodriguez, Fire Chief Crist, Transit Manager Alapisco and IT Manager Enriquez
PRESENTATIONS AND AWARDS
• Mayor Morris presented a plaque for Jeffrey Zielsdorf’s retirement. • Stephanie Herrera, Dr. Harjeet Brar and Dr. Jas Brar from Good Samaritan Hospital-Bakersfield provided a presentation.
ITEMS FROM THE PUBLIC
1. Pastor David Vivas – “Yes. Good evening. Members of the council, pastor David Vivas. I'd like to just make mention that this year's community National Day of Prayer is going to be taking place on Thursday, May 1st at 5:30 PM It's going to be held at the De Vino Event Center. This observance has been taking place since 1952, not in this city. We've been celebrating this event for about 25 years now. And I'd like to encourage all the city council along with city staff to plan to attend this event. This year's speaker is Willie G. He is the former legendary vocalist for a group called The Midnighters. And so I'm sure if you look that up, you would recognize some of the songs if you are into the oldies. But Willie G has a tremendous testimony of what he had been through and gone through even in his career, his singing career, the National Day of Prayer, by the way, just to let the city know the city can sponsor this event because in a joint resolution between Congress and Senate in 1952, this is now required by law that the president every year signed this and make a proclamation declaring that the first Thursday in may be designated as a National Day of prayer.
2. And so this has been challenged in court, but has been overturned because atheists who have challenged this brought forth arguments of separation of church and state and how they were injured by this because they were excluded since they were atheists. However, that didn't fly. And so when you have the United States government mandating that the President every year sign this declaration, it's not the government that is trying to establish a religion. Rather it's just the government encouraging people to pray if they choose to do so. But the government is in no way forcing anyone to pray. So I would encourage everyone here if you would, to attend. And of course, if you'd like to sponsor this event, you can do so through the Delano Chamber of Commerce, which is a non-religious nonprofit organization. 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 $2,595,885.19
3) Minutes of regular Council meeting of March 17, 2025 4) Minutes of regular Planning Commission meeting of January 8, 2025 5) Minutes of regular Planning Commission meeting of February 12, 2025 6) Adopt resolution approving the revised class specification for Accounting Manager to be in compliance with Government Code Section 12940 (Resolution No. 2025-17) 7) Adopt resolution approving the revised class specification for Assistant Accountant to be in compliance with Government Code Section 12940 (Resolution No. 2025-18) 8) Adopt resolution approving the revised class specification for Associate Accountant to be in compliance with Government Code Section 12940 (Resolution No. 2025-19) 9) Adopt resolution approving the revised class specification for Senior Accountant to be in compliance with Government Code Section 12940 (Resolution No. 2025-20) 10) Adopt resolution approving the revised class specification for Public Safety Communications Dispatcher I to be in compliance with Government Code Section 12940 (Resolution No. 2025- 21)
11) Adopt resolution approving the revised class specification for Public Safety Communications Dispatcher II to be in compliance with Government Code Section 12940 (Resolution No. 2025- 22)
12) Adopt resolution approving the revised class specification for Community Development Director to be in compliance with Government Code Section 12940 (Resolution No. 2025-23) 13) Adopt resolution approving the revised class specification for Senior Planner to be in compliance with Government Code Section 12940 (Resolution No. 2025-24) 14) Adopt the City of Delano’s Workplace Violence Prevention Plan (WVPP) to be in compliance with Senate Bill 553
15) Resolution of the City Council of The City of Delano authorizing designated positions to execute any actions necessary for obtaining financial assistance provided by the Low Carbon Transit Operations (LCTOP) and authorizing the utilization of LCTOP funds to offer free and reduced fares for fixed routes, dial-a-ride and on-demand in the amount of $140,767 (Resolution No. 2025-25)
16) Resolution of the City Council of The City of Delano authorizing designated positions to execute any actions necessary for obtaining financial assistance provided by the Transit and Intercity Rail Capital Program (TIRCP) & Zero Emission Transit Capital Program (ZETCP) amount of $5,921,935 (Resolution No. 2025-26)
17) Report on the Status of the Local Emergency regarding the failed Waterline located on Garces Bridge Pursuant to Public Contracts Code § 22050
18) Second Reading and adoption of an Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District (Ordinance No. 2025-1361) 19) Authorize request for purchase order exceeding $35,000 to upgrade Police Department and City Hall servers infrastructure upgrade in the amount of $338,274.35 and allow the Finance Director to allocate funds accordingly (Agreement No. 2025-25) (Agreement No. 2025-26) 20) Purchase One (1) vehicle from Delano Chevrolet Buick GMC under the Kem County Fentanyl Misuse and Overdose Prevention Task Force Fund (Agreement No. 2025-27) 21) Authorize City Manager to Execute Agreements for the City’s Health Plans for the Period of July 1, 2025 through June 30, 2026 (Agreement No. 2025-28a) (Agreement No. 2025-28b) (Agreement No. 2025-28c) (Agreement No. 2025-28d) (Agreement No. 2025-28e) (Agreement No. 2025-28f)
Motion was made by: Solorio-Ruiz to approved items 1-21 on consent items; 2nd by: Osorio
Vote: 5-0
Ayes: Morris/Nunez/Alindajao/Osorio/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
PUBLIC HEARINGS
No items.
REGULAR AGENDA
13) Government Code § 65858(d) Report on the Operation of Mobile Food Truck on Private Property Within the City in Accordance with Government Code § 65858 and Council Direction on Regulatory Framework
Staff report provided by City Attorney Vasquez.
Mayor Morris opened public comment.
No public comment.
Mayor Morris closed public comment.
Motion was made by: Solorio-Ruiz to receive and file report; 2nd by: Alindajao
Vote: 5-0
Ayes: Morris/Nunez/Alindajao/Osorio/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
City Attorney Vasquez – “Great, thank you. So I will also invite planner Danielle Monsibais to assist and she has some slides available. And just to give some structure to this, so there are sort of three main buckets we want you to consider. And please note procedurally this is a higher level front end, ask for direction.
And we're going to use this direction to create a zoning code amendment slash ordinance to establish these regulations. And those will go to the planning commission that'll come back to you in the form of an ordinance that you would do a first and second reading on. So, this isn't your only bite of the apple, but we're looking for some direction and guidance as far as some of the big picture items. And there's sort of three buckets. The first one is what areas, what zones within the city does the council want to allow food trucks on private property within. The second one is a set of regulations that ties with the first one and the key one on that is a distance buffer from the trucks to private brick and mortar established and close restaurants. And then the third is what type of permit do you want to impose, whether it's a more extensive conditional use permit, which is also more costly and time consuming, or an administrative director level permit, which is less costly and less time consuming. But to go on order, I think you'll see in the staff report and Danielle will show you visually what we're looking at. But in brief summary, the recommendation from staff is to allow them on private property. These are food trucks within three zones. These are the industrial, the neighborhood, commercial and general commercial zones. And just layer on top of your, when you listen to Danielle, explain these areas that included within those areas would be a buffer. So it could be 500 feet and she'll show you some variations on what that looks like, but a buffer from existing brick and mortar restaurants to where these businesses would be allowed. So I'll turn it over to Danielle. Thank you.
Interim Senior Planner Monsibais – “Okay, so like Joaquin, I apologize for my voice. Bear with me. Like Joaquin just mentioned, staff is recommending that the food trucks be on private properties, but only in particular zone districts. It would be industrial, general commercial and neighborhood commercial. On the map that is currently on the screen, we are talking about a neighborhood residential commercial. So it's more of in the neighborhood, smaller corners, you'll find them along a corner, little chunks. And we only have to be completely honest, there's probably only four places in the city of Delano that is technically neighborhood commercial at the moment. And that will be going forward even with our general plan and our zoning updates that we're currently doing. They're very small, but they are more on the outer edges of the city limits that we currently have. Industrial are the purple that you see on the screen, general commercial are the red we limited to based off of comments that staff has received in the past at planning commission through public comments, conversations with people with concerns that doing food trucks within the downtown commercial area was not really an option that staff wanted to take forward to kind of help regulate some of the concerns that have been risen in the past.” Council Member Alindajao – “In terms of proposed modifications to the ordinance. Is it to the CUP process or is it to the food truck vending ordinance?”
City Attorney Vasquez – “Yeah. So it is going to be your call as to what kind of permit, and that'll be sort of the third bucket that we'll get to. Do you want it to be a conditional use permit or do you want it to be an administrative ministerial permit? So we'll definitely get to that.” Council Member Alindajao – “Okay. I'm still a little confused by it.” City Attorney Vasquez – “And if the council wants, we can lead with that, maybe if that helps frame it.” Council Member Alindajao – “Because my understanding of the problem was the fact that you had a CUP process that was in opposition to the ordinance food vending trucks. So how are we reconciled?” City Attorney Vasquez – “That's absolutely right. Yeah, and maybe I'll start there, Danielle, if you'll indulge me. So the issue previously is that we had the square peg ground hole issue, and the problem is that it was a CUP, but a specific type of CUP that wasn't appropriate for this necessarily. So it was for a CUP for a drive-through restaurant use. And what is being proposed here is a CUP specific for food trucks on private property. So if you want to go the CUP route, and just to contrast with the administrative permitting process.
So if you want to go with the conditional use permit, that has to get publicly noticed, it has to go to the planning commission. There's environmental CEQA review involved, it's approximately a permit cost of $2,500 bucks. It often takes multiple months to get through and approved if the planning commission does approve it, and then any appeals of those come to you all. So it's an exhaustive process, very thorough. The alternative is a administrative ministerial review where you determine a director whose office would manage applications and they would look at a robust set of requirements, restrictions, procedures. For example, the buffering area. And we're going to talk more about that. Let's say hypothetically it's a 500 foot buffer from restaurants. So they would use GIS mapping to see it appropriate in the buffer area. Is it in the right zone? Do they have proper restroom access? Things like that. So it's something more that a director and staff would look at. It doesn't require public noticing a public hearing. And so the vehicle for that would be a site plan review through planning or it could go to another department, but functionally it's about a third of the cost. It's $786 for a site plan review and instead of months, the process takes more like weeks if that. Right. So in the CUP option, there's once they get an application, and Danielle, correct me if I'm wrong, they do a zoning clearance to see when they review the CUP application, if you want to go the CUP route, whether it's in the industrial zone, the purple one or the general commercial zone, which is red. So they would do all of that on the front end and they would tell them the applicant if they were in the wrong zone, that they're not eligible to even get a CUP within that area. So that's how that would play out. And alternatively, it would be the same analysis if we do it on an administrative level, they would see what's the address or the APN of the parcel, is it within the allowed area, and then they would apply the regulations to the permit and all that. So, it's a matter of how you want to cut it and sort how much friction you want to have in the process for food trucks trying to seek permits on private property. But that is within your prerogative to determine the intensity of the review via what kind of permit you want to have, whether it's the more intensive conditional use permit or something lesser and more staff level and administrative ministerial permit.
Mayor Pro Tem Nunez – “So somebody applying for a regular brick and mortar has to go through A CUP.
Correct. The only difference between a brick and mortar and a food truck at a corner would be how they're serving their food, correct?”
City Attorney Vasquez – “I guess it depends. You want to take that Danielle?” Interim Senior Planner Monsibais - Yeah. Council member Nunez… No. So it would depend on the type of restaurant if alcohol would be served, and if it doesn't provide entertainment or not entertainment that would determine if a CUP or a conditional use permit is required for that brick and mortar. I think the bigger issue was, correct me if I'm wrong, is that we currently do not have requirements for food trucks on private property. And so one of the concerns that was raised was that how does somebody get a conditional use permit approved if there are no requirements? So that is why staff has worked with Joaquin to come up with these requirements that they would only, so staff is recommending that it would only be allowed to be on private property. A food truck would only be allowed to be on private property. If it is with the industrial general commercial or neighborhood commercial zones, we would not even take in an application whether that's a CUP or site plan review application if it's in any other zone district. So, staff currently is based off of all of the discussions, the concerns, all of the past meetings that we've had determined that if those three, then on top of that, we are then deciding or wondering.” City Attorney Vasquez – “And Danielle if I may while you pull that up, just to get into maybe the thought process of what are in the community, what are brick and mortar restaurants having to go through compared to potential food truck operators? So sure.”
Council Member Alindajao – “Joaquin, so let's go back a year or so or two years and we have a food truck vendor who wants to set up on private property. Let's assume for a moment that the CUP route is not available. That would be prohibited. Correct. Under the current ordinance. If they were trying to set up within a thousand feet of brick and mortar and other issues about it that contradicted.” City Attorney Vasquez – “Sure. Yeah, to answer your question, I think that ties with what Danielle is saying, that there's no set of regulations that speak to that. And going back to one of my introductory comments is that all the code says is that you need a land use permit, but it doesn't say a CUP, it doesn't say a site plan review. It's very vague. So it's opened the door for interpretation that may not be in the city's best interest.
So our exercise here is to see
Council Member Alindajao (49:40):
That process. That's vague. You're referring to the ordinance regarding food truck vendors, is that what you're saying?
City Attorney Vasquez – “So the goal here is to update the ordinance to establish regulations for food trucks on private property because there's been this just vague, minimal language. So, we're trying to fill in that gap. And then to go back to Mayor Pro Tem Nunez’s question, I just want to note that essentially a contrast to a conditional use permit is something that's authorized by right. You hear that a lot. So, if you're building a home in the R one residential area, you don't need to go to the planning commission to get a used permit because that's what that zone is for. So, in most commercial areas, restaurants are able to get up and running by right through a ministerial process without having to go to the planning commission unless there are those hooks that Danielle mentioned. If you need to get an ABC license for alcohol, they want to serve beer and wine or full alcohol or they're going to have entertainment, then because of those impacts that those may have on the community, those require an extra level of review that goes to the planning commission.
But your general restaurant that's not going to serve alcohol, not going to have entertainment, they don't need to go through the CUP process. So, I hope that answers your question and Danielle, Interim Senior Planner Monsibais - So staff picked a couple of areas throughout the city of Delano that are in the general commercial area that would just for examples, so we are recommending that one of the areas would be general commercial. For instance, there's Golden China Buffet on the left-hand side is a thousand foot buffer. So one of the things that staff is proposing is that they would be in industrial general commercial or neighborhood commercial zone districts only, and there would be a buffer between the food truck, a proposed food truck and a restaurant. So Golden China buffet a thousand-foot buffer. So, if you were in that purple and red circle, you would not be allowed to put a food truck within that area. And then I also did a 500 foot buffer so you could see the difference of how that would look based off of the buffer.
City Attorney Vasquez – “I'm sorry, which zone is this?” Interim Senior Planner Monsibais – “It's in general commercial.” City Attorney Vasquez – “It's general commercial, okay.
Interim Senior Planner Monsibais – “It is in general commercial. Not everything that's within the thousandfoot buffer is designated general commercial, but there is portions of general commercial that would be there. There's also downtown commercial and there's a little bit of residential at the very end hook of it, but obviously that wouldn't be allowed anyways. But I just wanted to visually show you guys what a thousandfoot buffer would look like compared to a 500-foot buffer if those were the two options. The next one is Old Hacienda, which is on High Street. There is a thousand-foot buffer and then there's the 500 foot buffer as examples. There is on one side of Old Hacienda that is downtown commercial. So they would not be allowed to be in that area whatsoever, but if they wanted to be on the other side of Hacienda they couldn't because it would be within those two buffer zones that we're proposing. But those are what that would look like as well.
City Attorney Vasquez – “And just to do a little recap, refresher, so the first question is what zones? So we've narrowed it down to at least three recommended zones, industrial, neighborhood, commercial, general commercial. What Danielle is showing now is the additional regulatory impact of a buffer area to commercial existing restaurants. And this is not something that's required, it's something that is optional for the council to impose, but it offers another level of protection in light of concerns for existing restaurants.
So a restaurant could have a property owner that they're communicating with a free truck operator reaches out to them because they're in is this general commercial? They're in general commercial. So they think, well okay, I'm in the right zone. But they may not be able to get a permit if they're within a designated buffer. So again, the buffers are another layer of regulation that is optional for the council. So, you could say we don't want any buffer at all. We think if you lead them in these zones that you've designated, that's enough protection. But you do have another layer, another option to impose a distance buffer like this to existing enclosed restaurants. So I hope that helps. Thanks.” Interim Senior Planner Monsibais – “And this is just the last example of Pretty Patty there is industrial, that's at the bottom a little bit. And so it's just another example of a thousand-foot buffer compared to a 500-foot buffer and what that would look like. So, like Joaquin just mentioned that if there is a area that a property owner wants to put a food truck in, they would have to be outside of these buffers. They're just examples of if we wanted to add that extra step from a 500 foot and a thousand foot, it's just visuals so that you guys can see what the impacts would look like of those two types of buffers that we have. That was one of the next things that would take you to the third topic is how to approve whether to move forward with a conditional use permit or with the fact of it making a ministerial permit to be processed.” City Attorney Vasquez – “And if I could just offer that, I think one of the concerns is that if the buffer is too large and it's speaking with Danielle, you might, without knowing more and having more information, you might have a scenario where the buffer is so large that even there be no properties within these three zones where it's actually able to have a food truck on private property because the buffer to all the restaurants is just so expansive, it basically kicks 'em out of everywhere and you have a de facto ban on the food truck. So one of your options is to direct staff to explore what a reasonable buffer might be and then as it comes through the planning commission and back to you, that could be implemented. And then when the zoning code amendment and ordinance comes to you, you could still make adjustments on the backend.
But I do think, at least from what I'm hearing from Danielle, that a thousand feet might be a little too aggressive and restrictive as far as excluding any location that might be workable.” Council Member Alindajao – “That's the current state of the ordinance though.” City Attorney Vasquez – “That is for the current regulations in there are for streets and highways only, not for private property. So that's why we're trying to create regulations specific as to private property because we have them.”
Council Member Alindajao – “So it doesn't prohibit mobile food truck vendors within a thousand feet of brick and mortar.”
City Attorney Vasquez – “It does if they're on a street or a highway, which is what's in the code. Now that only applies to streets and highway. So as to private property, all it says is you need a land use permit and there are no other regulations applied. So contextually the one on streets and highways, yes. What's in the code is 1000 feet from brick and mortar established closed restaurants.” Council Member Alindajao – “Maybe when this issue comes back up again so that we can get context, can we put street names on these maps, these visuals, or to imagine seeing streets and whatnot, how expansive this is. So we can do that please next time.”
City Attorney Vasquez – “Sure, absolutely. Did you have any more slides?” Interim Senior Planner Monsibais – “No, I don't have any more slides. I would like to note though that all of the conditional use permits that have been processed through planning commission, I would like to note that planning commissioners have expressed concerns from the very beginning whether they're on private property that is developed or non-developed. So currently there is no food truck that has come forward to planning commission and been approved. That is on vacant property, every property that has a food truck.
And one of the requirements that planning commission has made it very aware to staff to count or to the audience, to any person that has proposed a food truck that it does need to be a paved bathrooms have to be within X amount of feet. The site has to be developed. So that is why a lot of the food trucks that have been, or I should say all the food trucks that have been approved are on properties that are already developed.
They are not on undeveloped properties. So they're not just rolling, driving up on dirt every day. They are on developed parcels and they leave as well. So there are some requirements, maybe not necessarily within the ordinance that's written down specifically, but because of the past comments that we have received from planning commission, we do let the food trucks who come in for proposals them know that these are the things that planning commission as well as staff will be looking for when you are looking for a particular site. So those are on top of that, some of the requirements. So not only are we staff suggesting that they only be in certain zone districts, also potentially a buffer zone that you guys could impose, but as well as they would not be undeveloped sites, they would have to have paved asphalt tie-ins to the road correctly, bathroom facilities for the customers as well as the workers. And so that is the reason why staff does have the two options, whether it is a conditional use permit continues to be, or the fact that we could potentially make this an administrative permit because these requirements would still remain. And then that's why there's the option as well.”
City Attorney Vasquez – “And one thing I failed to address was as we haven't exhaustively gone through every possible condition, but Danielle raises some good ones as far as ensuring that it's paved and developed and appropriate for the impacts of the use. One other thing that we would recommend as a condition would be a background check which is required for the operators for streets and highways already. So in a administrative level review process, the person will come in with the application and before if it is planning staff that does the final sign off, they would have to get clearance from Chief Nicholson that PD has done and the applicant has passed the background check in order to operate. So there would be, from a public and safety perspective, that level review that's embedded also in any administrative process or even through the CUP process. So I didn't want you to think that if it is ministerial director level, that there wouldn't be any due diligence with safety and background checks.”
Council Member Alindajao – “Is the recommendation or potential recommendation going to be retroactive in terms of the change in the law?”
City Attorney Vasquez – “I think that's going to require a little bit due diligence as far as folks that have been in the queue. And I think we will come to you at the next meeting with our moratorium extension to speak more to that. But I do think for the time being, we are looking for direction on the three recommended zones. And I guess just wanted to emphasize again that there's a very small beige area that Danielle indicated is downtown commercial that would not be one of the three zones eligible. So it's the purple industrial.
What color is the neighborhood commercial?”
Interim Senior Planner Monsibais – “It's light pink.”
City Attorney Vasquez – “Light pink. So the purple industrial light pink neighborhood commercial and the Red General commercial. So those are the three recommended zones. And then we're separately looking feedback for a buffer. One thing could be to, as a starting point, maybe 500 feet since a thousand seems too prohibitive directing staff to at least start there and do additional review of the impacts and mapping how it might be either perfectly on point or maybe there needs to be further adjustment that you all, when the ordinance does make its way to you, you could still modify down the line. So, there's the buffer question, and again, you could say you don't want any buffer at all from restaurants, but we think from what we've heard from the community, that is something to seriously consider. And then finally we're looking for feedback on whether you want to do a discretionary conditional use permit or a less expensive, more expeditious director-level ministerial permit. Thank you.” Mayor Pro Tem Nunez – “My question, Joaquin, on the background stuff that would be similar to what we currently do to our sidewalk vendor, correct? Yes. Sidewalk vendor has to go through all that stuff already and they have rules they have set. So if we do it administratively, we can add everything we want to it. So in order for them to get their food truck, they would have to meet all these requirements. We don't have to do like the CUP has, you have to do this, this, and this. We can already put that in the administrative portion.
So when they come in, this is the requirement like restroom.” City Attorney Vasquez – “Exactly. So for example, when someone gets a CUP, they get conditions of approval. So there's that list kind of like what you were referring to here. There's essentially that list, but it applies to all the properties. It would be baked into the code and then planning staff would have a checklist and it's okay, do we have a license from Kern County for this person to sell food in Kern County? Do we have a completed background check for the applicant? So those would be on the list. Is it in the right zone? Is it outside of the buffer area? So definitely there would be a checklist that they would run through, but essentially it would be a similar set of conditions and requirements applied.” Mayor Morris – “I think our concern too is the buffer area. Does that include, say the marketplace, how big is that buffer? It just downtown and then 500 feet or a thousand feet from there. So looking at the buffer zone, the one you had up is, would it be just that area? What about somebody wanting to set up a food truck out there in the marketplace and one of those lots out there somewhere and it didn't include, we thought maybe it was just going to be like 500 feet from any brick-and-mortar place.” Mayor Pro Tem Nunez – “If we can get the map when it comes back next time as well, just show the areas that are going to be eligible for it regardless of what they fall into of the three categories we spoke about.
And just show those that these are the only places that we're going to allow and if we add or we take away, then they will know where to add a takeaway. I understand the map, but it can be kind of confusing.
City Attorney Vasquez – “And just to add that that was just for one restaurant. So I think if in a given zone you account for other restaurants, you would have a bunch of overlaying purple circles.” Interim Senior Planner Monsibais – “Yep, exactly. I just picked a couple of restaurants throughout the city to show if you were in that area and you picked a property somewhere within that thousand foot by them, you would not be able to operate just as examples. Just to show you the difference from a 500-foot buffer to a thousand foot buffer of just the circles, just to show you that you could not pick any property within that circle to operate within that circle because of that one restaurant being there. There's other, when it's ha sienna, there's numerous restaurants so that buffer will slightly move around. I just picked one specific restaurant that would automatically would eliminate that whole entire territory based off of a 500 foot buffer or a thousand foot buffer.”
City Attorney Vasquez – “And if I may, just from what I'm hearing and maybe and staffs really drilling down on things and looking at these issues with the buffers, I don't think you're not required this evening to provide this direction. And if you want to, because we are coming back at the next meeting with a moratorium extension that would go for to the initial 45 days that runs out on May 1st, it would extend it 10 months and 15 days that's coming to you at the next meeting. So that could be opportunity if you want to have staff come back with some additional maps and some street labeling so that you have an opportunity to digest a little further and provide direction at that time. That is something that would be truly appropriate.”
Council Member Osorio – “Mayor, I think if understanding you correctly, if we just want to give some general feedback and then have some of the layouts that we request at that next meeting.” City Attorney Vasquez – “Sure. Yeah, I mean I think if you all want to discuss some of the issues we've talked about and then we can come back and refine a little further and focus on maybe some of the maps have additional buffer areas, restricted areas shown, put in some street labels as council member Lin Howe noted we could present those. But surely this evening, if you want to express any preferences for CUP versus administrative permit or any other issues on this, you can certainly do it this evening.” Council Member Osorio – “Mayor, may I begin? So, I think just starting with the question of a ministerial director level approach or continuing with the CUP approach, I'd be in favor of the former of the ministerial approach, just given that the first time this discussion came up this year it was mentioned that it would be more convenient and less expensive for staff and for potential applicants. But again, we can have that conversation. Second, I would be fine with the three zones that we are talking about, however, with the condition that Council Member Alindajao mentioned about seeing these maps. But I do want to add an extra recommendation is I would be in favor of a 500-foot buffer over a thousand-foot buffer just because as we're looking at these maps, it seems that a thousand-foot buffer would really almost eliminate the general commercial zone along High Street. But again, if there's a possibility of doing three scenarios, seeing the a thousand-foot buffer in practice, seeing the 500-foot buffer zone in practice or what staff recommends is more feasible or appropriate, I would like to see those laid out just specifically for the three zones that we're looking at. But that would be my feedback on those three points.” Council Member Alindajao – “Thank you, mayor. Mayor, I think as far as I'm concerned, I think the underlying public policy in terms of the buffer zones have to do with the fact that mobile food vendors and brick and mortar are not equally situated. They're not, as much as mobile food vendors want to argue that point. It's just not in terms of costs, in terms of labor costs, in terms of insurance, rental costs, leasing costs, et cetera. And so, with that in mind, I think that's the idea or the underlying public policy behind the buffer zones. I would be in favor of a buffer zone between 500 and a thousand feet. I think that again, keeps in line with the public policy of protecting and our brick and mortar businesses here in the city that have been in the city, some of 'em for quite some time. In terms of the option between the CUP and administrative process, I think my recommendation would be for a CUP process only because I think the CUP process, correct me if I'm wrong, Joaquin, takes into consideration the impact in terms of traffic, public safety, issues like that, where an administrative process may not take those into considerations into consideration. That is.
City Attorney Vasquez - “That's correct. Because of the environmental hook of it being discretionary in nature, having to go to a planning commission for a notice of public hearing, that environmental review would have to touch upon, explore those issues.”
Council Member Alindajao – “And it's a possibility that some of these food truck vendors are quite popular in some instances can cause a great impact, a big deal in terms of traffic and public safety. So that would be my recommendation. The background check I think is a good idea. I think that's the same process we take street vending or street vendors through. All my comments. Thank you.” Council Member Solorio-Ruiz – “And just to confirm as well, again, Joaquin, this will come back to us again and we'll have an opportunity to kind of hash it out more times, right?” City Attorney Vasquez - Yeah. So, once we have feedback, we'll create an ordinance that would be noticed and presented to the planning commission. They would make a recommendation to you on whether or not to approve the ordinance, and then we'll come to you for a first reading and a second reading.” Council Member Solorio-Ruiz – “Okay. Well, in regards to what was spoken, and I appreciate the analysis and the information, I understand it and I understand the purpose of why we're doing this, I would be in favor of the 500 feet buffer only because I think as government we have to ask ourselves how much control is too much control. And I think that it's appropriate. I think one of the concerns that we've heard from brick and mortars, from restaurants, local restaurants is that they do not want to be near or they don't want food trucks to be near them. And I think that that's appropriate and that's legit. I will disagree a little bit in terms of that. Food trucks are not necessarily businesses. I completely understand that they're not identical to restaurants, but I think it's important to kind of find a middle ground. You have folks who are spending thousands of dollars, if not more, on establishing a food truck for themselves. And I think that food trucks have become more popular, even though I want to say that last time we were here and we asked the question about how many we have in the city running, and I believe it was about four, right? So, we don't even have that many to begin with. But of course with us growing, it's appropriate to determine how we're regulating this. But overall, if they are selling a product and they're getting a point of sale, a purchase, that to me at least, that is a business. And I think we should find a middle ground that uplifts our local businesses and as well as our, I would call 'em small businesses as far as our food trucks goes, because not everyone has the right or privilege necessarily to open up an establishment. But some folks do make they save funds in order to establish a food truck. And I think that that should be respected. I think that I would be in favor of the administrative, I understand Council Member Alindajao's perspective in regards to what he mentioned, but I think administrative is also a little bit more objective. I think we're still going to figure out the logistics of what we want. It's going to be very A, B, C, D, this is what we're looking for, and very straight to the point and straightforward. And I know that city staff and planning will also do their due diligence and making sure that they're not going to put a food truck out there in an inappropriate way or an inappropriate manner.
And I think of course, the background checks are also appropriate as well. So that's my 2 cents.” Mayor Pro Tem Nunez – “I also agree with the up to a thousand feet buffer. I do agree with the CUP. If the restaurants brick and mortars have to do it, then I feel that they should have to come up with the same requirements as far as the off street parking, ADA and the restroom issues that we have. That's the only three things that I have for it. What, for the next one, I'd like to see if staff can make sure that our maps are labeled with the streets, at least the major streets. And then the map that comes up, the only colors that we will see are the only areas where they're eligible to have a food truck makes it easier to, once we start putting the dots down, we'll know that we're either not going to have anywhere they can go or there's plenty of space for them to go.”
Council Member Solorio-Ruiz – “Mayor, real quick, one more thing. I just have one more question. So I recall when we had the discussion prior, I mentioned something along the lines of that if let's say La Hacienda has a lot in the back, a lot space in the back and if appropriate or even up front. And of course that's an example, not saying they do that they could be allowed to put up a to go food truck style food truck there. So that wouldn't be included in the recommendation. Was that taken into consideration, talked among staff? Because I think that it's important, and I've heard from some businesses downtown even, and we've seen this in places I visited like Visalia and other places where it's like even a coffee shop, you go into the facility, but then out in the back they have a beautiful patio and a food truck type of style where they can get to go stuff. Was that taken into part?”
City Attorney Vasquez – “I can't say that I looked at that from a legal perspective. Danielle, I don't know if that's been on your radar at all. I think that's something we can look into. But it sounds like you were saying it's the same property.”
Council Member Solorio-Ruiz – “Yeah. If you own that land and you already have an established business there and you want to put a to go in the back for your restaurant or something, how would that work?” City Attorney Vasquez – “And I guess what would the answer be? I guess why can they not have to go in their existing structure?”
Council Member Solorio-Ruiz – “For sure. No, of course. But what I'm saying is as I've seen this and I've heard it from other businesses that, hey, I own this land. Like, hey, maybe I'll put a secondary food truck in the back that it's the number two of my business or something on that front. Are we also regulating, of course, their land and the use of an actual business that's already there?” City Attorney Vasquez – “Interesting. Okay. Yeah, we can definitely look into that. And I mean, I think hypothetically just sort of hearing this now, but there could be an exemption to the buffer if the truck is on the property that's permitted for an existing restaurant, that could be an avenue there. But we'll work with staff to explore that angle. Of course you can just explore it. Appreciate that. Absolutely.” Mayor Morris – “Well, I certainly agree with my colleagues also, but I would be in favor of a 500 foot buffer primarily because if we did the thousand, I don't think there'd be a place in town that anybody could set up a new truck anywhere because of how big the buffer is. And we have businesses all over town. But other than that, is that going to take care of items two and three that we've discussed or do we still need to go to three?”
City Manager Reyna – “Back on the admin or the CUP?”
City Attorney Vasquez – “What type of permit? The type of permit condition use permit or an administrative director level permit?”
Mayor Morris – “I don't know.”
Council Member Solorio-Ruiz – “So myself and council member Rosario mentioned that we prefer in a way the administrative component. And of course, Council Member Alindajao, how, and Mayor Pro Tem Nunez mentioned that they would want to keep it as a CUP process. And so, we're trying to get your perspective of what would you want to keep it as a CUP process or more of an administrative process where it's kind of just crystal clear, very objective to the point less there's pros and cons to both. So Mayor Morris – “I think mine would be administrative.”
City Manager Reyna – “And then for the full council, other than council member Osorio who did state he was okay with the three mentioned zones, is the rest of the council for staff to pursue those three zones? I think they were the residential, commercial or neighborhood commercial, general commercial and then industrial. Are we okay?
Mayor Pro Tem Nunez - Yes. Okay. Yes.
City Manager Reyna - And I'm also, I'm going to make the assumption that the background checks are also okay.”
Council Member Solorio-Ruiz – “Yes.”
City Manager Reyna - Okay. Thank you.”
Mayor Morris – “Do you move on then with number three, or did we? City Attorney Vasquez – “If there's no opposition, then I think staff will move forward with that directive.
Thank you.”
DEPARTMENTAL REPORTS
Public Works Director Pedro Nunez provided a traffic advisory update regarding the construction on Garces Highway.
COUNCIL STATEMENTS AND REPORTS
Council Member Bryan Osorio – “Yeah, thanks Mayor. I just want to share a few comments. Again, I want to thank our city departments, especially with HR, PD and Public Works with issuing the permits and supporting with the Day of Logistics for the Cesar Chavez Day March, I received several compliments about the smooth execution. So again, thank you. Also want to thank the Chamber of Commerce for the invitation of a joint grand opening about a week or so ago for JC Barber and the Beauty spot on High Street. I caught the tail end of this, but wishing these businesses the best, and as already alluded along several colleagues. I attended the opening day celebration for Delano Little League. It was great seeing many youth and families present, brought memories, but just a great opportunity for our young people here in the community. That is it for me.”
Council Member Alindajao – “Thank you, mayor. I don't have any comments other than I did attend the little league Grand opening. It was a lot of fun. Reminds me of my days in Little League. That was awesome.
No, I'm kidding. I do. Other than that, I do want to ask that for a staff update and report on street vending enforcement at the first meeting in May, as well as the mobile food vendors. Are there any issues with the code enforcement in terms of mobile food vendors as well as an update and report on competitive sports for the recreation program and the RFP that I think at some point was out for basketball camps, summer's coming up. I know Summer League basketball's a very popular sport in the city. I like to get an update and report on that as well.”
Council Member Solorio-Ruiz – “Okay. I had to think back how long ago we've been here since our special meetings as well. So myself and of course one of my colleagues attended the Delano Little League Opening day was a great opportunity to see the kiddos engage and all the families and parents. And so thank you of course to all of them. Of course, for their invitation and for good luck in the league. I also participated in the March for Immigrant Workers. There was a ton of folks who showed up to march on that day, on Caesar Chavez Day, which I'm glad, of course we do have it off for our city employees. And so, it was a great opportunity to reflect again that Delano is the birthplace of the farm worker labor movement and we should all be proud of it and we should all embrace it. And then I also want to give a thanks to Sumeet. Recently, I requested that myself and the mayor, we met with her to learn more about what she's doing at the moment and the process of all the stuff that recreation does. And there is a lot happening in rec, so I encourage everyone, we often hear that we don't have a place for young folks to go.
I guarantee you, we absolutely do. We have the community center, we have different things happening here in the city, so spread the word and of course get involved as well. But that is all on my end. Thank you.” Mayor Pro-Tem Nunez – “Just a reminder, April 15th is the last day to submit for your fireworks, either RFP, your taxes last day for your submit for your RFP, any of our grandfathers or anybody wanting to enter into the lottery, we don't want to have any more issues like we did last year, April 15th.” “One more thing, Liz. This Saturday, I'm sorry, mayor. This Saturday is the police department's East Ray Hunt as well at, I want to say Nova Vista Park. Is that or MLK Park, correct? I believe it's at MLK Park this Saturday. Yes.”
Mayor Morris - “And I just have a couple of things. Just wanted to remind everyone that Relay for Life is going to be this Saturday out at Delano High School in the parking lot there on Cecil Avenue and also Parks and Records having their opening for basketball. So they're going to have a little presentation out there. So we'd like to have everybody come out and support all the kiddos out there. And Public School's Luncheon is also this week, also this coming Thursday to honor those students and teachers that have been honored and achieve or selected as Teacher of the Year or Student of the year. And also at the same time, they're going to have the Cody Harris Memorial right over Kalibo Park and I think, yeah. Oh, okay.
One o'clock. Okay. And I think luncheon is at 11:30, yes. So, if we can make any of those, happy to get to both of those if we can. Kiwanis Easter Egg hunt is going to be the 19th. So, bring your kiddos out. You have anybody, your nephew, your nieces, or anyone else that wants to come out there really is a lot of fun out there. It's going to be at the Delano High School Bowl, so coming out and support them. And there'll be a lot of activities out there and I'm sure it'd be a lot of fun for everyone. And I think that's all that I have at this point.”
“Thank you. Any others there? We forget anything? OK. I think there's a lot of activities this month going on. Yeah, and I think even Chamber of Commerce is sponsoring their crab feed this year again on the 26th of this month at De Vino. So come out and support them also. And I think other than that, that should include that.”
Moved for Closed Session by: Solorio-Ruiz at 7:00pm
2nd by: Nunez
Ayes: Morris/Nunez/Alindajao/Osorio/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
The City Clerk was excused. City Manager Reyna was appointed as Acting City Clerk. City Manager, Finance Director, Human Resources Director and Attorney Johnson were present.
CLOSED SESSION
13) LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 Claimant: Jaime Lynn Dano
Claim no.: FR102831
Agency claimed against: City of Delano
Action: Direction given. No reportable action.
14) CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency negotiator: City Manager, Finance Director, Attorney Che Johnson (Liebert Cassidy Whitmore) and Human Resources Director
Negotiating parties: Delano City Employee Association (miscellaneous unit) Action: Direction given. No reportable action.
15) CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency negotiator: City Manager, Finance Director, Attorney Che Johnson (Liebert Cassidy Whitmore) and Human Resources Director
Negotiating parties: MEG employee group
Action: Direction given. No reportable action.
16) CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency negotiator: City Manager, Finance Director, Attorney Che Johnson (Liebert Cassidy Whitmore) and Human Resources Director
Negotiating parties: Delano Police Officers Association Action: Direction given. No reportable action
Moved for Open Session by: Alindajao
2nd by: Nunez
Time: 7:05 PM
Vote: 5-0
Ayes: Morris/Nunez/Alindajao/Osorio/Solorio-Ruiz
Nays: None
Absent: None
Abstentions: None
RETURN TO GENERAL SESSION
ADJOURNMENT
Moved by Solorio-Ruiz seconded by Nunez and unanimously carried 5-0 to adjourn the closed session meeting at 7:05 pm.
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Ricardo G. Chavez, City Clerk