Agenda, regular meeting — Delano City Council, December 1, 2025 (part 2 of 2)

CITY OF DELANO
ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY OF DELANO APPROVING THE DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF DELANO, A CALIFORNIA MUNICIPAL CORPORATION ("CITY"), AND LEORA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPER").

THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Delano has enacted regulations to implement procedures for the processing and approval of development agreements in accordance with Delano Municipal Code Title 20, §20.2.70 (Development Agreements); and
WHEREAS, the subject property is owned by LeOra, LLC. A California Limited Liability Corporation (“Developer); and
WHEREAS: Developer desires to carry out the development of the property consistent with the city general plan and the Development Agreement and other entitlements referenced therein; and, WHEREAS, the Development Agreement will assure the City and its residents and the Developer that the Development will proceed as proposed and that the public improvements and other amenities and funding obligations, will be accomplished as proposed; and
WHEREAS, pursuant to Section 65867 of the Government Code on February 6, 2023, the City Council held a duly noticed public hearing on the Development Agreement and Tentative Tract Map No. 7404, during which public hearing, the City Council received comments from the Developer, City staff, and members of the general public; and SECTION 1: This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit “A” Title 20, Zoning of the Delano Municipal Code allows the City Council to review and approve by ordinance proposed development agreements in Exhibit “A” attached hereto and incorporated herein by this reference.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq., and pursuant to Title 20 §20.2.70 Development Agreements Ordinance No. 2023-
February 6, 2023

Page 2 ends

SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:

1. It is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;

2. It is compatible with the uses authorized in, and the regulations prescribed for the zone district in which the real property is or will be located;

3. It is in conformity with and will promote public convenience, general welfare and good land use practice;

4. It will not be detrimental to the health, safety and general welfare;

5. It will not adversely affect the orderly development of property or the preservation of property values; and

6. It will promote and encourage the development of the proposed project.

SECTION 4. If any portion of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance irrespective of the fact that any portion of this Ordinance be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its adoption, a copy of the same shall be published and circulated in the City of Delano together with the names of the members of the City Council voting for and against the same.

SECTION 6. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance or a summary thereof to be prepared according to law to be published in accordance with law in a newspaper of general circulation in the City.

SECTION 7 . The City Clerk is hereby ordered and directed to record the Signed and Executed Development Agreement with the Kern County Clerk and Recorders Office PASSED AND ADOPTED this 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: _________________________
Ricardo G. Chavez, City Clerk
SIGNED AND ADOPTED this 21st day of February 2023.
_________________________
Joe L. Alindajao, Mayor
Exhibit 4
Tentative Tract Map No. 7404

City Recorded Document No. 1590

1 CITY OF DELANO

CITY COUNCIL STAFF REPORT
December 1, 2025
Agenda Item: 22
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Jerry Nicholson, Chief of Police
SUBJECT: Adopt resolution confirming costs expended in the abatement of a public nuisance on the property located at 603 main street (a.k.a. 605 main street, APN No. 038- 160-07-3), authorizing the recordation of a nuisance abatement lien against the property to recover costs, and finding the same to be exempt from review under the California Environmental Quality Act.

RECOMMENDATION
Staff recommends that the City Council conduct a hearing and receive written and oral public comment on this agenda item. Staff further recommends that the City Council adopt a resolution confirming the costs expended in the abatement of a public nuisance at 603 Main Street (also known as 605 Main Street, APN 038-160-07-3), authorizing the recordation of a nuisance abatement lien against the property to recover costs, and determining that this action is exempt from review under the California Environmental Quality Act.

BACKGROUND AND DISCUSSION
State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.) The property located at 603 Main Street (a.k.a. 605 Main Street—the “Subject Property”) was improved with a single-family residential dwelling. On or about June 28, 2023, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling.

The Subject Property was red tagged on June 28, 2023. On June 29, 2023, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code. No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on December 14, 2023, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by 2 the property owners in response to the December 14, 2023, administrative citation and, on January 17, 2024, a second administrative citation was issued.

No efforts to abate the violations were undertaken in response to the second administrative citation and, on April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.

On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients of the time and date of this hearing and of the fact that staff intended to recommend that the City Council order and authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance is not promptly abated by the owner, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

In addition, on April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

The Building Official, Fire Chief, and Chief of Police agreed that the heavily damaged structure posed a significant threat to the public health, safety, and welfare, including, without limitation, a threat to trespassers posed by the burned-out structure including the risk of collapse or partial collapse, and the risks associated with potentially toxic byproducts of the fire. In addition, the partially burned-out structure constituted an attractive nuisance that could draw curious children, exposing them to a serious threat of harm posed by the state of the structure. Staff was in agreement that the structure was not reparable and that the only appropriate means of abating the nuisance was demolition of and the cleaning and clearing of the Subject Property.

This public hearing was listed on the City Council agenda, and the agenda was posted as required by applicable law.

Prior to the May 19, 2025 hearing, the damaged structure on the Subject Property was demolished and the associated nuisance abated by the property owner or other responsible party.

The City incurred significant costs in carrying out the Emergency Abatement Order including, without limitation, personnel costs, contractor costs, and legal expenses. On October 9, 2025, the City mailed an invoice in the amount of $10,477.65 to the owner of record and informed the owner that if the invoice was not paid in full by November 1, 2025, the City Council would hold a hearing at its regular meeting on November 17, 2025, to consider the itemized report of the abatement costs and, further, to consider authorizing the recording of a nuisance abatement lien against the Subject Property and/or making the costs of abatement a special assessment against the Subject Property. A copy of the invoice is attached to this report. 3 No payment was received by the November 10, 2025, due date. However, the City Council did not proceed with the hearing on November 17, 2025.

On November 19, 2025, the City again mailed the invoice to the owner of record and further indicated that if the invoice was not paid in full by December 1, 2025, the City Council would hold a hearing at its December 1, 2025 regular meeting to receive and consider the itemized report of all abatement costs incurred by the City and, further, to consider whether to authorize the recording of a nuisance abatement lien against the Subject Property and/or to make the costs of abatement a special assessment against the Subject Property.

ENVIRONMENTAL DETERMINATION
The resolution is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. (“CEQA”)) because there is no possibility that the resolution may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)).

FISCAL IMPACT
The costs will constitute a nuisance abatement lien upon the property until paid. The City will have the option of foreclosing on any such lien in order to reimburse the City for its costs. If there is insufficient equity in the Subject Property to cover the City costs, there will ultimately be a negative fiscal impact.

ATTACHMENTS
Draft Resolution No.

Itemized Invoice of Abatement Costs
1 CITY COUNCIL RESOLUTION NO. ____

A RESOLUTION OF THE DELANO CITY COUNCIL CONFIRMING

COSTS EXPENDED IN THE ABATEMENT OF A PUBLIC NUISANCE ON THE PROPERTY LOCATED AT 603 MAIN STREET (A.K.A. 605 MAIN STREET, APN NO. 038-160-07-3), AUTHORIZING THE RECORDATION

OF A NUISANCE ABATEMENT LIEN AGAINST THE PROPERTY TO

RECOVER COSTS, AND FINDING THE SAME TO BE EXEMPT FROM

REVIEW UNDER THE CALIFORNIA ENVIORNMENTAL QUALITY ACT
The City Council of the City of Delano resolves as follows:

SECTION 1. Findings.

A. State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.)
B. The property located at 603 Main Street (a.k.a. 605 Main Street—the “Subject Property”) was improved with a single-family residential dwelling. On or about June 28, 2023, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling.

C. The Subject Property was red tagged on June 28, 2023. On June 29, 2023, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code. No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on December 14, 2023, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by the property owners in response to the December 14, 2023, administrative citation and, on January 17, 2024, a second administrative citation was issued.

E. No efforts to abate the violations were undertaken in response to the second administrative citation and, on April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.

F. On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients of the time and date of this hearing and of the fact that staff intended to recommend that the City Council order and authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance is not promptly abated by the owner, the cost of these proceedings, all 2 previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

G. In addition, on April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

H. The Building Official, Fire Chief, and Chief of Police agreed that the heavily damaged structure posed a significant threat to the public health, safety, and welfare, including, without limitation, a threat to trespassers posed by the burned-out structure including the risk of collapse or partial collapse, and the risks associated with potentially toxic byproducts of the fire. In addition, the partially burned-out structure constituted an attractive nuisance that could draw curious children, exposing them to a serious threat of harm posed by the state of the structure. Staff was in agreement that the structure was not reparable and that the only appropriate means of abating the nuisance was demolition of and the cleaning and clearing of the Subject Property.

I. This public hearing was listed on the City Council agenda, and the agenda was posted as required by applicable law.

J. Prior to the May 19, 2025 hearing, the damaged structure on the Subject Property was demolished and the associated nuisance abated by the property owner or other responsible party.

K. The City incurred significant costs in carrying out the Emergency Abatement Order including, without limitation, personnel costs, contractor costs, and legal expenses. On October 9, 2025, the City mailed an invoice in the amount of $10,477.65 to the owner of record and informed the owner that if the invoice was not paid in full by November 1, 2025, the City Council would hold a hearing at its regular meeting on November 17, 2025, to consider the itemized report of the abatement costs and, further, to consider authorizing the recording of a nuisance abatement lien against the Subject Property and/or making the costs of abatement a special assessment against the Subject Property.

L. No payment was received by the November 10, 2025, due date. However, the City Council did not proceed with the hearing on November 17, 2025.

M. On November 19, 2025, the City again mailed the invoice to the owner of record and further indicated that if the invoice was not paid in full by December 1, 2025, the City Council would hold a hearing at its December 1, 2025 regular meeting to receive and consider the itemized report of all abatement costs incurred by the City and, further, to consider whether to authorize the recording of a nuisance abatement lien 3 against the Subject Property and/or to make the costs of abatement a special assessment against the Subject Property.

N. The City Council held a hearing at its December 1, 2025, regular meeting at which time it received and considered all oral and written evidence and testimony presented.

SECTION 2. Environmental Determination. This resolution is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.) because there is no possibility that the resolution may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)).

SECTION 3. Confirmation of Abatement Costs. The City Council has heard and considered all oral and written testimony provided by interested parties and members of the public and has reviewed and considered all of the evidence set forth in the administrative record, including, without limitation, the oral staff report and the written staff report and attachments thereto. Based upon the evidence as a whole in the administrative record, the City Council hereby confirms the itemized invoice of abatement costs in the amount of $10,477.65 as the total cost incurred by the City in abating the public nuisance at the Subject Property.

SECTION 4. Lien Authorization. The City Manager is hereby authorized to execute a nuisance abatement lien in the amount of $10,477.65, plus any administrative costs associated with processing and recording the lien, and to cause the same to be recorded against the Subject Property in accordance with applicable law.

SECTION 5. Notice. The City Clerk is hereby directed, prior to recordation of the lien, to provide the owner of record with written notice of the intent to record the lien in accordance with procedure specified by Government Code section 38773.1.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 1st day of December 2025. _______________________________
Liz Morris, Mayor
ATTEST:
__________________________
Ricardo Chavez, City Clerk
4 APPROVED AS TO FORM:
__________________________
Mark D. Hensley, City Attorney

1 CITY OF DELANO

CITY COUNCIL STAFF REPORT
December 1, 2025
Agenda Item: 23
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Jerry Nicholson, Chief of Police
SUBJECT: Adopt resolution confirming costs expended in the abatement of a public nuisance on the property located at 1222 Glenwood Street (APN Nos. 038-110-13-005 and 038-110-144), authorizing the recordation of a nuisance abatement lien against the property to recover costs, and finding the same to be exempt from review under the California Environmental Quality Act.

RECOMMENDATION
Staff recommends that the City Council conduct a hearing and receive written and oral public comment on this agenda item. Staff further recommends that the City Council adopt a resolution confirming the costs expended in the abatement of a public nuisance at 1222 Glenwood Street (APN Nos. 038-110-13-005 and 038-110-144), authorizing the recordation of a nuisance abatement lien against the property to recover costs, and determining that this action is exempt from review under the California Environmental Quality Act.

BACKGROUND AND DISCUSSION
State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.) The property located at 1222 Glenwood Street (the “Subject Property”) was improved with a single-family residential structure constructed in approximately 1944. The city is informed and believes that the Subject Property became vacant in or around December 2024.

From the time it was abandoned, the Subject Property was continually trespassed upon and was the subject of multiple complaints to the Police Department. Over 75 incidents were reported in 2025 and there were more than 30 incidents were reported in 2024. Observed and documented Municipal Code violations on the Subject Property in 2025 included, without limitation, violations of DMC § 7.40.060 (Security Requirements), DMC § 13.48.030 (Accumulations), 2 DMC § 7.32.010(G) (Maintenance of Property), DMC § 7.12.030 (Weed and Rubbish Abatement—Nuisance), Health & Safety Code § 17920.3(A)(5) (Inadequate Sanitation—Lack of Running Water), Health & Safety Code § 17920.3(G)(1) (Faulty Weather Protection), and DMC § 7.32.015 (Management of Property).

The Subject Property was red-tagged due to inadequate sanitation on January 24, 2025. A Certified Notice of Violation was mailed to the owner of record on February 12, 2025. An administrative citation was mailed on February 26, 2025, and a second administrative citation was mailed on March 25, 2025. The red tags were subsequently removed, presumably by the vagrants that were utilizing the structure. On March 25, 2025, the red tags were reposted on the site.

At approximately 1:00 a.m. on Monday, April 14, 2025, a fire was reported at the Subject Property. The fire caused considerable damage to the structure, which damage has greatly increased the already significant threat it posed to public health and safety.

On April 17, 2025, the City Manager issued an Emergency Abatement Order directing the Chief of Police to secure the Subject Property by boarding up entrance points to the damaged structure, erecting a temporary fence around the perimeter of the property, and posting “No Trespassing” signs warning of the danger.

On April 24, 2025, a “Notice to Abate Nuisance” was sent by certified mail to all owners, mortgagees, and beneficiaries under a deed of trust, of record. In addition, the Notice was mailed to an easement holder of record (Verizon) and to State Farm Insurance (the company believed to be the current insurer of the Subject Property). The Notice informed the recipients of the time and date of this hearing and of the fact that staff intended to recommend that the City Council order and authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance is not promptly abated by the owner, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

In addition, on April 24, 2025, a “Notice to Abate Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

The Building Official and Chief of Police agreed that the heavily damaged structure posed a significant threat to the public health, safety, and welfare. The history of the Subject Property suggested that vagrants were very likely to return to the site, exposing them to a host of potentially serious threats posed by the burned-out structure including, without limitation, the risk of collapse or partial collapse, and the risks associated with potentially toxic byproducts of the fire. In addition, the damaged structure constituted an attractive nuisance that could pose a significant threat to curious children and other trespassers. 3 On May 19, 2025, the Delano City Council conducted a duly noticed public hearing at which time the Council declared the condition of the Subject Property to be a public nuisance, ordered the abatement of said nuisance, and authorized the City Manager to cause the nuisance to be abated in the event the property owner failed to do so.

No efforts to abate the nuisance were subsequently undertaken by the property owner.

Accordingly, the city proceeded to abate the nuisance as authorized and directed by the City Council. Significant costs were incurred by the city in the process, including, without limitation, (i) legal costs associated with obtaining an abatement warrant from the Kern County Superior Court, preparing all necessary documents, and advising city staff and the City Council; (ii) boarding/fencing and otherwise securing the Subject Property; (iii) hazardous material inspections, testing, and abatement; (iv) demolition and disposal of the damaged structure, including removal and filling of the in-ground pool; (v) tree removal; and (vi) staff time in connection with the entire nuisance abatement process.

On November 21, 2025, the City mailed an invoice in the amount of $179,223.75 to the owner of record that if the invoice was not paid in full by December 1, 2025, the City Council would hold a hearing at its regular meeting on December 1, 2025, to consider the itemized report of the abatement costs and, further, to consider authorizing the recording of a nuisance abatement lien against the Subject Property and/or making the costs of abatement a special assessment against the Subject Property. Because the owners of record are deceased, the City also posted notice on the Subject Property on November 21, 2025. No payment has been received as of the submission of this staff report.

ATTACHMENTS
Draft Resolution No.

Itemized Invoice of Abatement Costs
1 CITY COUNCIL RESOLUTION NO. ____

A RESOLUTION OF THE DELANO CITY COUNCIL CONFIRMING

COSTS EXPENDED IN THE ABATEMENT OF A PUBLIC NUISANCE ON THE PROPERTY LOCATED AT 1222 GLENWOOD STREET (APN NOS.
038-110-13-005 AND 038-110-144), AUTHORIZING THE RECORDATION

OF A NUISANCE ABATEMENT LIEN AGAINST THE PROPERTY TO

RECOVER COSTS, AND FINDING THE SAME TO BE EXEMPT FROM

REVIEW UNDER THE CALIFORNIA ENVIORNMENTAL QUALITY ACT
The City Council of the City of Delano resolves as follows:

SECTION 1. Findings.

A. The property located at 1222 Glenwood Street, (APN No. 038-110-13-005 and 038-110-144) (the “Subject Property”) was improved with a single-family residential structure constructed in approximately 1944. The city is informed and believes that the Subject Property became vacant in 2024.

B. From the time it was abandoned, the Subject Property was continually trespassed upon and was the subject of multiple complaints to the Police Department.

Over 75 incidents were reported in 2025 and there were more than 30 incidents were reported in 2024. Observed and documented Municipal Code violations on the Subject Property in 2025 included, without limitation, violations of DMC § 7.40.060 (Security Requirements), DMC § 13.48.030 (Accumulations), DMC § 7.32.010(G) (Maintenance of Property), DMC § 7.12.030 (Weed and Rubbish Abatement—Nuisance), Health & Safety Code § 17920.3(A)(5) (Inadequate Sanitation—Lack of Running Water), Health & Safety Code § 17920.3(G)(1) (Faulty Weather Protection), and DMC § 7.32.015 (Management of Property).

C. The Subject Property was red-tagged due to inadequate sanitation on January 24, 2025. A Certified Notice of Violation was mailed to the owner of record on February 12, 2025. An administrative citation was mailed on February 26, 2025, and a second administrative citation was mailed on March 25, 2025. The red tags were subsequently removed, presumably by the vagrants that were utilizing the structure. On March 25, 2025, the red tags were reposted on the site.

D. At approximately 1:00 a.m. on Monday, April 14, 2025, a fire was reported at the Subject Property. The fire caused considerable damage to the structure, which damage has greatly increased the already significant threat it posed to public health and safety.

E. On April 17, 2025, the City Manager issued an Emergency Abatement Order directing the Chief of Police to secure the Subject Property by boarding up entrance 2 points to the damaged structure, erecting a temporary fence around the perimeter of the property, and posting “No Trespassing” signs warning of the danger.

F. On April 24, 2025, a “Notice to Abate Nuisance” was sent by certified mail to all owners, mortgagees, and beneficiaries under a deed of trust, of record. In addition, the Notice was mailed to an easement holder of record (Verizon) and to State Farm Insurance (the company believed to be the current insurer of the Subject Property). The Notice informed the recipients of the time and date of this hearing and of the fact that staff intended to recommend that the City Council order and authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance is not promptly abated by the owner, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.

G. In addition, on April 24, 2025, a “Notice to Abate Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.

H. The Building Official and Chief of Police agreed that the heavily damaged structure posed a significant threat to the public health, safety, and welfare. The history of the Subject Property suggested that vagrants were very likely to return to the site, exposing them to a host of potentially serious threats posed by the burned-out structure including, without limitation, the risk of collapse or partial collapse, and the risks associated with potentially toxic byproducts of the fire. In addition, the damaged structure constituted an attractive nuisance that could pose a significant threat to curious children and other trespassers.

I. On May 19, 2025, the Delano City Council conducted a duly noticed public hearing at which time the Council declared the condition of the Subject Property to be a public nuisance, ordered the abatement of said nuisance, and authorized the City Manager to cause the nuisance to be abated in the event the property owner failed to do so.

J. No efforts to abate the nuisance were subsequently undertaken by the property owner. Accordingly, the city proceeded to abate the nuisance as authorized and directed by the City Council. Significant costs were incurred by the city in the process, including, without limitation, (i) legal costs associated with obtaining an abatement warrant from the Kern County Superior Court, preparing all necessary documents, and advising city staff and the City Council; (ii) boarding/fencing and otherwise securing the Subject Property; (iii) hazardous material inspections, testing, and abatement; (iv) demolition and disposal of the damaged structure, including 3 removal and filling of the in-ground pool; (v) tree removal; and (vi) staff time in connection with the entire nuisance abatement process.

K. On November 21, 2025, the City mailed an invoice in the amount of $179,223.75 to the owner of record and informed the owner that if the invoice was not paid in full by December 1, 2025, the City Council would hold a hearing at its regular meeting on December 1, 2025, to consider the itemized report of the abatement costs and, further, to consider authorizing the recording of a nuisance abatement lien against the Subject Property and/or making the costs of abatement a special assessment against the Subject Property. Because the owners of record are deceased, the City also posted notice on the Subject Property on November 21, 2025. No payment was received by the December 1, 2025, due date.

L. The City Council held a hearing at its December 1, 2025, regular meeting at which time it received and considered all oral and written evidence and testimony presented regarding this matter.

SECTION 3. Confirmation of Abatement Costs. The City Council has heard and considered all oral and written testimony provided by interested parties and members of the public and has reviewed and considered all of the evidence set forth in the administrative record, including, without limitation, the oral staff report and the written staff report and attachments thereto. Based upon the evidence as a whole in the administrative record, the City Council hereby confirms the itemized invoice of abatement costs in the amount of $179,223.25 as the total cost incurred by the City in abating the public nuisance at the Subject Property.

SECTION 4. Lien Authorization. The City Manager is hereby authorized to execute a nuisance abatement lien in the amount of $179,223.75, plus any administrative costs associated with processing and recording the lien, and to cause the same to be recorded against the Subject Property in accordance with applicable law.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 1st day of December 2025. _______________________________
4 Liz Morris, Mayor
ATTEST:
__________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM:
__________________________
Mark D. Hensley, City Attorney

CITY HALL
1015 ELEVENTH AVENUE
POST OFFICE BOX 3010
DELANO, CALIFORNIA 93216-3010
(661) 721-3300
(661) 721-3317 TDD
www.cityofdelano.org

COUNCIL MEMBERS
Liz Morris
MAYOR
Mario Nunez, Jr.

MAYOR PRO TEM
Joe L. Alindajao, Esq.

Bryan Osorio
Salvador Solorio-Ruiz
Maribel G. Reyna

CITY MANAGER

CITY OF DELANO

INVOICE
November 21, 2025
Leonard Velasco
Estelita Velasco
1222 Glenwood Street
Delano, CA 93215
RE: Nuisance Abatement Response Costs—1222 Glenwood Street

DESCRIPTION HOURS UNIT COST TOTAL
ASI, Inc. (Asbestos Abatement) $44,000.00 $44,000.00
Bovee Environmental Management (Asbestos and Lead Testing) $1,650.00 $1,650.00 King Lion Construction $101,536.97 $101,536.75
 Emergency
Boarding/Fencing/Securing Property
 Demolition and Disposal
 Remove and Fill Pool
 Fence Rental
City Code Enforcement Staff Expenses
 Officer J. Pelayo 22.5 $66.62 $1,498.95
 Officer J. Lara 17 $66.62 $1,132.54
 Officer A. Gonzalez 23 $50.994 $1,172.86
 Sgt. Niño 10 $98.1313 $981.31

Legal Expenses
 City Attorney 98.9 $257.00 $25,420.30
 Filing Expenses $1,830.82 $1,830.82
TOTAL DUE: $179, 223.75
PLEASE MAKE CHECK PAYABLE TO THE CITY OF DELANO AND REMIT PAYMENT TO:

CITY HALL 1015 ELEVENTH AVENUE, DELANO, CA 93215

City of Delano
Attn: City Clerk
1015 11th Avenue
Delano, CA 93215
PAYMENT IS DUE WITHIN 10 DAYS OF THE DATE OF THIS INVOICE

Delano City CouncilDecember 1, 2025

Delano City Council
December 1, 2025