MINUTES. CITY OF DELANO CITY COUNCIL REGULAR MEETING November 19, 2018 CALL TO ORDER FLAG SALUTE ROLL CALL

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1 MINUTES CITY OF DELANO CITY COUNCIL REGULAR MEETING November 19, 2018 CALL TO ORDER Mayor Vallejo called the meeting to order at 5:31 p.m. in the City Hall Council Chambers, th Avenue. INVOCATION Pastor David Vivas offered the invocation. Mayor Pro Tem Hill led the flag salute. FLAG SALUTE ROLL CALL Council members present: Grace Vallejo, Ruben Hill, Joe Aguirre, Liz Morris Council members absent: One (1) Vacancy OFFICIALS PRESENT City Manager Reyna, City Clerk Chavez, City Attorney Richman, City Engineer Dowling, Human Resource Director Zamudio, Chief of Police Nevarez, Chief of Corrections Marshall, Recreation Manager Batth, Interim Community Development Director Keene, and Senior Planner Card No Items PRESENTATIONS AND AWARDS ITEMS FROM THE PUBLIC 1. Rob Duchow, Public Affairs Manager for Southern California Gas shared his support of residents of Delano to have a choice of their energy and against the State of California electrify everything. This is where a proposal failed at the past election, but where decision makers would take away a choice of what people would choose to use in their home. 2. Chris Quinones, Marketing for Aviator Casino. Requested the City of Delano to relook at the policy of issuing business permits for each vendor at their parking lot event.

2 Mayor Vallejo directed Mr. Quinones to speak with City Manager Reyna. 3. Richard Markham asked the City Council to stop Officer Pedro Mendoza from harassing and intimidating him and his friends. Thanked the City Council for the trees around City Hall. Also, if we can do something about Western Auto because it makes the city look bad. CONSENT AGENDA 1) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only 2) Warrant Register in the amount of $3,466, ) Minutes of regular City Council meeting of October 15, ) Minutes of regular Pension Committee meeting of August 13, ) Minutes of regular Pension Committee meeting of October 17, ) Second and final reading of ordinance no an ordinance of the City of Delano approving a Development Agreement between the City of Delano, a California municipal corporation and LeOra, LLC, a California limited liability company, for a Residential subdivision known as Tentative Tract Map 7339 (Ordinance No ) (Agreement No ) 7) Approval of 2018 Title VI Plan for the City of Delano Transportation Department (Resolution No ) 8) Ratification of emergency sewer replacement project being performed by JM Pipeline (general engineering contractor from Bakersfield, CA) on a time and materials basis with a not to exceed budget of $120, th Ave. between the railroad and Fremont St. and authorization for the city manager to sign the contract and any other documents needed to carry this out (Agreement No ) Motion was made by Council Member Morris to approve agenda items 1-7 on consent agenda; 2nd by: Hill Ayes: Vallejo/ Hill/Aguirre/Morris

3 Item No. 8, Pulled by Lupe Martinez Reason for being pulled: Had a few questions regarding the OMNI Clinic. Mr. Martinez shared that the he previously brought to the council about the contamination at the OMNI clinic. He had the Department of Toxic Substance Control at their office where they provided the results. They determined that they took some tests and the building is constructed where there is contamination. The north side of that place is 20 times higher than allowed by law. The main thing is that we have a building that is safe. There is still a need of tests inside the building that still hasn t been completed. Furthermore, the city will be here in part due to the sewer lines. Mr. Martinez s questions to why is there an emergency? Is it related to what the State is saying about what the mitigation is concerned? What would the cost be? Because he doesn t believe it to be $120k. Has the State set a date to do a presentation to the City, as he and the Mayor were with in Lamont with the Department of Toxic Substance Control where they shared they would make such a presentation. Lastly, Department of Toxic Substance Control mentioned that Well 22 is high in VOCs, but doesn t recall any notices as such. Mayor Vallejo shared that the only part that doesn t relate to this agenda item, is setting a date with DTSC and would refer to staff. Also, on well 22, staff can do a report at the next council meeting. City Manager Reyna responded that the emergency was due to the condition of the sewer line as reflective in the staff report. As to the cost, it is the $120k at this point and doesn t expect any further cost. In regards to Department of Toxic Substance Control, staff has been in contact and can certainly check with them in order to make their presentation by way of a workshop. Lastly, as to the Well 22, that matter is not on the current agenda, but can be placed on a future agenda. Council Member Aguirre asked if this work is at the site. Staff responded in the affirmative. Mr. Martinez wants to make sure that everyone understands that this building is sitting on contaminated land. Second is this piece being mitigated before the State tells the City what needs to be mitigated and therefore is questioning whether the City is trying to circumvent something. City Manager Reyna responded that the City is working in conjunction with the State and has been in contact with the State. Also she doesn t believe the City would try and circumvent anything. Also, the State would not have allowed the City to continue forward when involving toxic substance. Mr. Martinez stated, without any disrespect, he s had to ask questions where the State was not speaking to the City and the City wasn t speaking to the State. Mayor Vallejo requested Associate Engineer Nunez to provide some explanation. Staff report provided by Associate Engineer Nunez shared that they have an inspector from the State on site every day and so far there has not been any detection of contamination. They also have a third-party inspector pulling samples too. Mr. Martinez shared that they need to go inside the building and drill inside the slab to determine if there are VOCs, which hasn t been done. Also, he will find out who that inspector from the State. Associate Engineer Nunez shared that the name of the inspector is Jeff Gymer from the Fresno office. Mr. Martinez shared that he is not the inspector, he s with DTSC. He stated that he knows that it is contaminated as the State has made the same determination. Mayor Vallejo shared that there isn t anyone questioning that.

4 Mr. Martinez shared that there were about people that attended that meeting; he even invited Pastor Vivas as well. Mayor Vallejo stated that they wouldn t want anyone to get hurt especially if our own family will be utilizing that facility. Our staff is working with State and following whatever procedure they are needing to follow and going by what the State is telling them. Mr. Martinez suggested that the Mayor set up the meeting with Department of Toxic Substance Control, so we can all be in the same room. City Manager Reyna suggested that the City can contact Department of Toxic Substance Control and provide a presentation according the schedule. Mayor Vallejo got feedback from all council members and agreed to set up presentation by Department of Toxic Substance Control. Yolanda Chacon, community activist and advocate, stated that she has six generation of Delanoans[sic] and is also a board member of OMNI Family Health, therefore this concerns her very much. If they were notified in time, it would have been taken care of then, instead of dealing with the emergency. Furthermore, she was there when they were informed of the contamination, so when she sits here and hears that there is no contamination, there is something wrong. Therefore, she would like to be informed of these meetings. Mayor Vallejo asked if Ms. Chacon was representing OMNI Health. Ms. Chacon responded that she is representing herself and happens to sit on the OMNI Health Board. She also disclosed that OMNI Health became aware because she informed them. Mayor Vallejo disagreed and turned to Associate Engineer Nunez to provide an explanation. Associate Engineer Nunez shared that the City has been working with State and the State had a map in which they zoned out the downtown as a possible contamination area, but it did not include the OMNI construction area and therefore building permits were approved/released before the State release an expanded map months after in September of this year. Mayor Vallejo added that now due to the new map, the State needs to have the land tested before the City can issue any permits. City Attorney Richman suggested, due to the Brown Act, since this item only has to deal with the sewer line, we have migrated off the agenda item, which we can place this matter on a future agenda so that the public can have an opportunity to speak on it. Ms. Chacon shared that because people know that she is on the OMNI board, people are coming to her. She wants to know how we got to this point. Associate Engineer Nunez made a point of clarification that the soil which is the City s project has been tested and determined to be clear of any contamination was that only of the sewer line and not the OMNI construction site. Mr. Martinez thanked Mr. Nunez and stated his explanation makes sense. Motion was made by Council Member Hill to approve agenda item 8 on consent agenda; 2nd by: Morris

5 PUBLIC HEARINGS No Items REGULAR AGENDA 9) Discussion of the decision taken on the October 15, 2018 Delano City Council meeting regarding item No. 11 Consideration of amendment to agreement no with R&F Disposal, Inc., extending the term an additional twelve years Staff report provided by City Manager Reyna. Council Member Aguirre shared would repeat what he had stated before. He wanted to give future council members an opportunity to negotiate with vendors. The climate changes and we don t know where we would be. The City is a business and it was a business decision, therefore he looks after the people. Mayor Vallejo opened the public comment. Lupe Martinez asked if this is a discussion with the public or what is it exactly. City Attorney Richman provided clarification that is not a reconsideration of a vote, but simply it is what it is. Mr. Martinez asked why such a long contract. Also, because if anyone does any construction, they would need to go with R&F, isn t that considered a monopoly. City Attorney Richman shared that people are not forced to use R&F, if they are able to dispose of the material responsibly. Richard Markham stated that the extension is way too long. Mayor Vallejo closed the public comment. Mayor Pro Tem Hill had no comment. Council Member Morris shared that it was a sense of stability. Also, they ve given back to the community and have been involved with the community. Mayor Vallejo agreed with Council Member Morris statement in their involvement in the community. Furthermore, they needed financing for their equipment which needed to show the financial institute a long contract to replace the equipment. She foresees STRR to do the same for their equipment. She believes that the businesses should succeed and that s how she made her decision. No motion made. Vote: No Vote No Items. Council Member Aguirre: None. DEPARTMENTAL REPORTS COUNCIL STATEMENTS AND REPORTS Council Member Morris: Happy Thanksgiving and have a safe holiday.

6 Mayor Pro Tem Hill: None. Mayor Vallejo: Have a blessed Thanksgiving. Moved for Closed Session by: Hill 2 nd by: Morris Time: 6:19PM The City Clerk was excused. City Manager was appointed as Acting City Clerk. City Attorney Richman and City Manager Reyna were present. CLOSED SESSION 10) Public employee performance evaluation, City Manager govt. code section Action: Satisfactory performance. Moved for Open Session by: Morris 2 nd by: Hill Time: 7:18PM RETURN TO GENERAL SESSION ADJOURNMENT Moved by Council Member Aguirre, seconded by Council Member Hill, and unanimously carried 4-0 to adjourn the meeting at 7:21p.m. Ricardo G. Chavez, City Clerk