A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. § 200.324 Contract cost and price.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the nonFederal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
2 CFR Part 200 Subpart D (up to date as of 1/26/2023)
Post Federal Award Requirements 2 CFR 200.322
2 CFR 200.324(d) (enhanced display) page 26 of 40
February 6, 2023 Council Agenda Packet Page 225 of 252
§ 200.325 Federal awarding agency or pass-through entity review. § 200.326 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the nonFederal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or passthrough entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding agency or passthrough entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
2 CFR Part 200 Subpart D (up to date as of 1/26/2023)
Post Federal Award Requirements 2 CFR 200.325
2 CFR 200.326 (enhanced display) page 27 of 40
February 6, 2023 Council Agenda Packet Page 226 of 252
§ 200.327 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in appendix II to this part.
PERFORMANCE AND FINANCIAL MONITORING AND REPORTING
§ 200.328 Financial reporting.
Unless otherwise approved by OMB, the Federal awarding agency must solicit only the OMB-approved governmentwide data elements for collection of financial information (at time of publication the Federal Financial Report or such future, OMB-approved, governmentwide data elements available from the OMB-designated standards lead. This information must be collected with the frequency required by the terms and conditions of the Federal award, but no less frequently than annually nor more frequently than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes, and preferably in coordination with performance reporting.
The Federal awarding agency must use OMB-approved common information collections, as applicable, when providing financial and performance reporting information. § 200.329 Monitoring and reporting program performance. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (a) Monitoring by the non-Federal entity. The non-Federal entity is responsible for oversight of the operations of the Federal award supported activities. The non-Federal entity must monitor its activities under Federal awards to assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the non-Federal entity must cover each program, function or activity. See also § 200.332.
(b) Reporting program performance. The Federal awarding agency must use OMB-approved common information collections, as applicable, when providing financial and performance reporting information.
As appropriate and in accordance with above mentioned information collections, the Federal awarding agency must require the recipient to relate financial data and accomplishments to performance goals and objectives of the Federal award. Also, in accordance with above mentioned common information collections, and when required by the terms and conditions of the Federal award, recipients must provide cost information to demonstrate cost effective practices (e.g., through unit cost data). In some instances (e.g., discretionary research awards), this will be limited to the requirement to submit technical performance reports (to be evaluated in accordance with Federal awarding agency policy). Reporting requirements must be clearly articulated such that, where appropriate, performance during the execution of the Federal award has a standard against which non-Federal entity performance can be measured. 2 CFR Part 200 Subpart D (up to date as of 1/26/2023)
Post Federal Award Requirements 2 CFR 200.326(a)
2 CFR 200.329(b) (enhanced display) page 28 of 40
February 6, 2023 Council Agenda Packet Page 227 of 252
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 6, 2023
__________________________________________________________________________ ITEM NO: 6
SUBJECT: Discussion Regarding Commemoration of Fallen Officer Gonzalo Carrasco ______________________________________________________________________________ BACKGROUND: The Selma community mourns the loss of one of our own, Selma Police Officer Gonzalo Carrasco Jr. On Tuesday, January 31, 2023, while serving and protecting the citizens of Selma, Officer Carrasco passed away due to injuries sustained while on-duty. The City has received and greatly appreciates the outpouring of support from throughout the Valley and the State.
DISCUSSION: City Staff has received several questions regarding ways to commemorate Officer Carrasco. Staff is seeking direction from Council to establish the Commemoration of our fallen hero.
FISCAL IMPACT: None at this time.
______________________________________________________________________________ RECOMMENDATION: City Staff is requesting direction from Council. ______________________________________________________________________________
__________/s/___________________ February 6, 2023
Fernando Santillan Date
City Manager
February 6, 2023 Council Agenda Packet Page 228 of 252
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING DATE: ___February 6, 2023___________ ITEM NO: 7
SUBJECT: Consider Mayoral/City Council Appointments to Various Boards BACKGROUND: With the results of the November 2022 Statewide General Elections being certified on December 8, 2022, the City Council had requested that the matter of Mayoral and City Council appointments be revisited. During the January 17, 2023 Council meeting, Council reviewed and made appointments to various regional boards and commissions. There are additional Committees that also require appointments.
DISCUSSION: The Selma City Council is represented on various regional boards and commissions, as well as on several Joint Powers Authorities (JPAs) and the SelmaKingsburg-Fowler (SKF) Sanitation District. Selma City Council representation on some of those boards and committees are determined by the Selma Mayor, and in the case that the Mayor decides to appoint a different representative, the Council may have the authority to approve the appointment.
Listing and Selection Process for Selma City Council Representation on Boards and Committees • Fresno County City Selection Committee – The purpose of the Committee shall be to appoint city representatives to boards, commissions and agencies as required by law. (GC § 50270.) The membership of the Committee shall consist of the mayor of each city within Fresno County. (GC § 50270.) When the mayor of a city is unable to attend a meeting of the Committee, the mayor shall designate in writing another member of the city's legislative body to attend and vote at the meeting as the mayor's representative (GC § 50271).
• San Joaquin Valley Special City Selection Committee – On September 30, 2008 Governor Schwarzenegger signed SB 1548 (Florez) which creates Section 40600.5 of the Health and Safety Code (H&SC) establishing a valley-wide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board.
The Special City Selection Committee consists of one member selected by a majority vote of the council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.
February 6, 2023 Council Agenda Packet Page 229 of 252
• Southeast Regional Solid Waste Commission – In 1970, the cities of Sanger, Reedley, Selma, Orange Cove, Kingsburg, Fowler, and Parlier (Cities) and the County of Fresno (County) executed a Joint Powers Agreement to share ownership of the now closed Southeast Regional Disposal Site (SERDS) located at 12716 E.
Dinuba, Selma, CA. One Council person and an alternate designee shall be appointed.
• Association for the Beautification of Highway 99 – The purpose of the Association is to work with and advise Caltrans, the County of Fresno and the cities of Fresno, Fowler, and Kingsburg on matters involving the landscaping and maintenance of Highway 99, including the enhancement of existing programs and the planning and development of new programs. One Council person and an alternate designee shall be appointed. Resolution No. 98-67R
The Council may appoint representatives or alternates, as applicable, for the committees above and direct staff to notify each respective body of the Council’s selections.
FISCAL IMPACT: There is no anticipated fiscal impact related to this item at this time.
RECOMMENDATION: Appoint representatives or alternates, as applicable, for the committees above and direct staff to notify each respective body of the Council’s selections. _________________/s/______________ January 27, 2023
Fernando Santillan, City Manager Date
February 6, 2023 Council Agenda Packet Page 230 of 252
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 8
SUBJECT: Discussion Regarding State and Federal Budget Appropriations and Legislative Funding Priorities for the City of Selma
DISCUSSION: At a previous Council meeting, the City Council requested that staff agendize a discussion regarding State and Federal Budget Appropriation and Legislative requests, which staff would then communicate to our elected officials via our legislative advocacy consultant CrisCom.
RECOMMENDATION: Staff recommends that Council discuss State and Federal budget appropriation and legislative priorities and direct staff to communicate these priorities to our representatives.
_______/s/________________________ ___2/2/23___________ Fernando Santillan, City Manager Date
February 6, 2023
February 6, 2023 Council Agenda Packet Page 231 of 252
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 6, 2023
ITEM NO: 9
SUBJECT: Council request to update Council’s Code of Conduct and Discussion Regarding a City Council Handbook
DISCUSSION: During the January 17, 2023 Council meeting, Council member Trujillo requested to discuss updates to the Council’s Code of Conduct. Attached is the current code of conduct policy, which was approved on May 3, 2021.
Staff is seeking direction regarding what Council would like to see amended, added, or deleted from the current Code of Conduct Policy. Further, staff is recommending that Council incorporate any new code of conduct policy into a City Council Handbook.
FISCAL IMPACT: N/A
RECOMMENDATION: As a Council request, Staff has placed the item on the agenda for discussion and direction.
________/s/_____________________ ___1/31/2023______
Megan Dodd, City Attorney Date
February 6, 2023 Council Agenda Packet Page 232 of 252
RESOLUTION NO.2O2I- 21 R
A RESOLUTION OF TIIE CTTY COU]\ICIL OF TIIE CITY OF SELMA
ADOPTING AN UPDATED CODE OF CONDUCTFORTHE CITY
COI,JNCIL ANDMEMBERS OF COMMISSIONS A}[DBOARDS AND
RESCINDING RESOLUTION NO. 2016-53R
WIIEREAS, the residents of the City of Selma are entitled to have fair, ethical, and accountable local government; and
WHEREAS, the residents of the City of Selma are entitled to have complete confidence in the integrity of local govemment; and
WIIEREAS, on July 18, 2016, the City Council adopted Resolufion No. 2016-53R adopting a Code of Conduct Policy for elected and appointed officials of the City of Selma; and which includes certain rules and regulations regarding conduct and a commitment to uphold a standard of integrity beyond that required by law; and WIIEREAS, the City of Selma is interested in establishing a framework for day to day actions and decision-making by the City's elected officials and members of boards, commissions, and committees; and
WHEREAS, integnty of officials of local govemment is key to the effective and fair operation of govemment; and
WIIEREAS, the updating of the Code of Conduct Policy will demonstrate the Cify's commitment to ethics and commitment to continuous evaluation.
NOW, TTIEREFORE, BE IT RESOLVED, by the City Council of the Ciry of Selma, as follows:
I . The recitals set forth above are true and correct and are incorporated by reference.
2. The City Council adopts the Code of Conduct for the City Council and Members of Commissions and Boards as set forth in Attachment A and incorporated by reference.
3. Resolution No. 2016-53 as set forth in Attachment B is repealed and replaced in its entirety by this Resolution.
4. This resolution is effective upon adoption.
******************************
February 6, 2023 Council Agenda Packet Page 233 of 252
The foregoing Resolution was duly approved this 3'd day of May, 2021by the following vote, to wrt:
AYES: 3
NOES: z
ABSTAIN: O
ABSENT: O COUNCIL MEMBERS:
Scott Robertson Mayor of the Ciry of Selma
ATTEST:
Reyna City Clerk of the City of Selma
COLJNCILMEMBERS: MEMoZA-NAVARRo, cHo, TRUJILIo
COUNCILMEMBERS: GUERRA, RoBERTSoN
COUNCIL MEMBERS. NONE
February 6, 2023 Council Agenda Packet Page 234 of 252
CITY OF SELMA CODE OF CONDUCT FOR THE CITY COUNCIL
AND MEMBERS OF COMMISSIONS AND BOARDS.
The purpose of this Code ofConduct is to establish standards ofethical conduct required ofelected and appointed City officials to insure the integrity and effective and fair operation of the govemment of the City of Selma, and to maintain and promote the faith and confidence of the public in their govemment.
The City Council will review, from time to time, this Code of Conduct and make changes or revisions as deemed necessary to insure the laimess and impartiality ofproceedings before the City Council. Boards and Commissions and insure the public's trust in the governess olthe City.
Members in office at the time of the adoption of this Code of Conduct and all newly elected or appointed Members shall sign a statement affirming they have read and understand this City of Selma Code of Conduct for Members of the City Council, Boards and Commissions.
2. Conduct of M mbers.
Members of the City Council, Boards and Commissions are stewards of the Public interest and shall endeavor to serve for the beneht oftheir constituents and the public.
Members are expected to treat all persons, claims and matters coming before the Selma City Council or any Commission or Board of the City equally and in an unbiased manner.
Members shall comply with all of the laws of the United States, State of Califomia and the City olselma in the performance of their public duties. These laws include but are not limited to; The U.S. and Califomia Constitutions, Federal, State, and Local Acts, 95d95E6 r SE030-001 -lBl21
l. Implementation
This Code ofConduct, as adopted by the City Council of the City of Selma applies to Members of the City Council and to all Member of all Boards and Commissions of the City of Selma, whether elected or appointed. This Code ofConduct supersedes the previous version of this Code ofConduct adopted on July 18, 2016, but is otherwise intended only to supplement, and not replace or supersede, any other Code ofConduct, Code of Ethics, or rules goveming meetings of the City Council or any Board or Commission of the City of Selma contained in any prior Resolution or the Selma City Municipal Code.
Therefore each Member, when representing the City of Selma, shall conduct themselves in accordance with the following Code ofConduct:
February 6, 2023 Council Agenda Packet Page 235 of 252
Statutes, Regulations, and Ordinances and the Calilomia Fair Political Practices Commission Rules and Regulations relating to financial disclosures, election campaigns, conflicts of interests, and open processes of government.
Members shall always conduct themselves in a professional manner and strive to avoid even the appearance of impropriety. The City expects all Members to use good manners; to be considerate, respectful, and civil at all times and to refrain from abusive conduct, verbal or nonverbal personal attacks upon the character or motives ofother Members of the City Council, Commissions or Boards, the Public or Stafi in any setting including before, during, or after the conduct of a Public Meeting, including electronic communications such as email or social media outlets. Members shall support a positive and constructive environment for all Residents, Businesses, other Members. the Council.
Boards and Commissions of the City and City Employees.
3. Role of Members
Members shall strive at all times to cooperate with other public officials, employees, and the public. while also respecting the distinct roles that public officials and staffhave in the organizational structure of the City's operations.
It is the role of the City Council of the City of Selma to determine the policies of the City with the advice, information and recommendations provided by the Public, Boards and Commissions and City Staff The independent advice and recommendations of Boards and Commissions to the City Council is extremely valuable to the City Council's decision-making process and in particular for setting City Policy, but the ultimate decision over City policy remains with the City Council.
Under the City of Selma's City Council-City Manager form of Govemment, neither the City Council nor City Boards and Commissions, nor any Members thereof acting individually, have authority to give orders, directions or instructions to City Employees This authority lalls solely to the City Manager and applicable department heads and superv i sors.
However, a Member may make inquiries of City Employees related to the scope oltheir duties provided that such inquiries will not require significant time or resources of City Employees, without the approval of the City Manager. In addition, Members may, and should, report to City Staff that is available, or the department head that is in charge ofa particular function an emergency or other urgent situation requiring the attention of that staffperson or department which affects the health, safety or welfare ofthe public or any citizen or citizens of the City when communication through the City Manager is not practicable. Members may also convey facts they reasonably believe should be made 9549586. r Sri0l0{01 -3192t
February 6, 2023 Council Agenda Packet Page 236 of 252
known to a particular member of the City staffor department in circumstances where conveying such facts or information through the City Manager is not reasonably feasible.
In all circumstances, Members shall recognize their role in dealing with City Employees to work for the public interest and shall endeavor to avoid creating the perception ofand inappropriate direction to City Staff.
l. Conduct of Public Meetinss.
Members shall perform their duties in accordance with the procedures and Rules ofOrder established by the City Council and/or Boards and Commissions goveming the deliberation of issues before them. Member shall prepare themselves for Public Meetings, listen courteously and auentively to the Public, Staff. and each other and shall refrain from intemrpting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of Public Meetings.
Members should disclose all substantive information that is relevant to the matter that is under consideration by their body which they may have received from sources outside of the public decision making process. Members shall respect the confidentiality ol information made confidential ofprivileged by law and shall not disclose such confidential or privileged information without proper legal authorization nor shall any Member use such confidential or privileged information for their personal, financial or private interests. Members shall always act in the best interests of the ublic All deliberations ofany issue before the Ci ounsel. or o missions. shall be in public. unless those issues are authorized to
Brown Act.
in Closed Session pursuant to the
5. Conflict of lnterest.
Maintaining the independence and impartiality of the City Council, Boards and Commissions is imperative to maintain the Public trust. Members shall not use their official positions to influence City decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest.
Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence orjudgement or give the appearance of their independence orjudgement being compromised. Member shall not use public resources unavailable to the public in general, such as City Stafftime, equipment, supplies or facilities, for private gain or personal purposes. Members shall disclose investments, interest in real property, sources of income. and gifts pursuant to applicable laws and regulations. Members shall abstain from pa(icipating in deliberations and decision-making where a conflict exists, pursuant to applicable law. 9549586.1 SE0l0-001 -319/2t
February 6, 2023 Council Agenda Packet Page 237 of 252
Council Members may attend any Board or Commission meeting. which are open to any member ofthe public. However, they should be sensitive to the way their participation - especially if it is on behall of an individual, business developer - could be viewed as unfairly affecting the process. Public comments by a Council Member at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the decision, direction, or on behalfofthe Council. Public comments by a Council Member at a Board or Commission adjudicatory hearing should not be made and may prohibit the Council Member from participating at City Council hearing on the same matter.
Members of Boards and Commissions may attend a public meeting of the Council or other Boards and Commissions. Because conflicts of interest are fact-intense. Members of Boards and Commissions who wish to address another body should be circumspect and clearly state that public comments are made as individual opinion and not on behalfofthe Board or Commission they represent.
6. Comnliance and Enforcement.
The City of Selma Code of Conduct for Members of the City Council, Boards, and Commission Members is intended to be self-enforcing.
The Mayor and the Chairs of the Boards and Commissions of the City shall have the additional responsibility to insure compliance with this Code ofConduct during the conduct of Public Meetings. Any Member who becomes aware of any breach of this Code of Conduct by any other Member shall report that violation to the Mayor or City Manager for possible further action. Ifthe Mayor is the subject of the alleged violation, the Member shall report the violation to the City Manager or City Attomey.
An allegation of violation of this Code of Conduct by a Member will be referred to an ad hoc committee composed of one Council Member no1 subject to the allegation(s), the City Manager, and the City Attomey, who will meet and determine if further fact-finding. process. and referral to the full City Council is appropriate. Such initial inquiry by the ad hoc committee will include notifying the Member subject to the allegation(s) of the allegation(s) and providing the Member an opportunity 10 present inforrnation to the ad hoc committee.
Foltowing completion of a fact-finding process resulting in sustained allegations against a Member, the City Council may impose sanctions on Members whose conduct does not comply with the City's Code of Conduct. For elected officials, such sanctions are limited to a formal public censure, which requires the affirmative vote of (irm€lt at least twothirds of the City Council present e*eaqi*it4tW). For other u,/ 95495t6 r SE030-00r -3D21
February 6, 2023 Council Agenda Packet Page 238 of 252
Members. possible sanctions include, but are not limited to, reprimand, formal censure, loss of chair or other designation on the City Council, Board or Committee, or removal from Board or Committee assignmenVappointment.
A violation of this Code ofConduct or any enforcement action taken thereunder shall not be considered as a basis for challenging the validity ofany action taken or decision made by the City Council, or Board or Commissions of the City of Selma. 95495t6 r SE030401 -lDzl
February 6, 2023 Council Agenda Packet Page 239 of 252
CITY MANAGER'S/STAFF'S REPORT
CITY COI,.INCIL MEETING:
May 3,2021
ITEM NO: A
SUBJECT: Update the Ciry Council Code of Conduct
RECOMMENDATION: Council discuss and approve Resolution or provide additional direction regarding the updated City Council Code ofConduct.
DISCUSSION: On February 16, 2021, the City Council directed staff to have Liebert Cassidy Whitmore assess and update the City Council Code of Conduct. The revisions were made largely for clarity. One substantive change: the current version allows the City Council to impose a range of sanctions on Board/Committee members, but appears to make elected City Council members entLely immune to enforcement of this policy. Instead, the new version is revised to allow the limited sanction of formal public censure against City Council members, while preserving the broader range for everyone else. An additional substantive change is deleting the section on Council Members being able to appear before the Council relafive to private interests. Some conflicts of interest cannot be resolved with mere recusal, could conflict the entire Council out of making a decision on a matter, and common law conflicts could be triggered by allowing this rype of comment by an individual Council member in a Council meeting. New language was added regarding allowing Council Members to attend Board and Commission meetings and Members of Boards and Commissions attending Council meetings.
On March 16,2021, the City Council gave further direction to add process information in Section 6, Enforcement and Compliance. Attached is the updated Code of Conduct with that additionRECOMMENDATION: Council discuss and approve Resolution or provide additional direction regarding the updated City Council Code of Conduct. /s/ 04/14/2021
Teresa Gallavan, City Manager Date
February 6, 2023 Council Agenda Packet Page 240 of 252
RESOLUTION NO.2016- s3 R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA ADOPTING A
CODE OF CONDUCT POLICY FOR ELECTED AND APPOINTED OFFICIALS OF
THE CITYOF SELMA
WHEREAS, the City Council of the City of Selma desire to adopt a Code of Conduct Policy governing the manner in which Public Officials, both elected and appointed, should treat one another, City Staff, Residents of the City of Selma, and other who they may come into contact with when representing the City of Selma, in order to insure that the residents and businesses of the City of Selma are served by a fair, ethical, transparent and accountable govemmenl; and WHEREAS, in order to insure that the residents and businesses have confidence in their elected and appointed officials, the City Council of the City of Selma desires to and hereby does adopt the "City of Selma Code of Conduct for Members of City Council, Boards, Commissions and Committees". Attached hereto and incorporated by this reference herein as Attachment 'A".
NOW, THEREFORE, be it resolved by the City Council of the City of Selma as follows:
1. The City Council hereby adopts Attachment "A" attached to this Resolution as the City of Selma's Code of Conduct for Members of City Council, Boards, Commissions and Committees. A copy of this Code of Conduct and the Resolution shall be provided to each person who is a Member of the City Council, or of any Commission or Board of the City.
February 6, 2023 Council Agenda Packet Page 241 of 252
The foregoing Resolution was duly approved this 18th day of July, 2016 by the following vote to wit
AYES: 5 COUNCIL MEMBERS: Rodrlguez, Montijo, Derr, Avalos, Robertaon NOES: COUNCIL MEMBERS: r'lone
ABSTAIN: COUNCIL MEMBERS: won.
ABSENT: COUNCIL MEMBERS: Non.
ATTEST:
tlttxa- l'kwp
ReyrilRivera City Clerk of the City of Selma
Robertson Mayor of the City of Selma
0 0
0 February 6, 2023 Council Agenda Packet Page 242 of 252
ATTACHMENT,,A,,
CIW OF SETMA CODE OF CONDUCT FOR THE CIW COUNCIT
AND MEMBERS OI COMMISSIONS AND BOARDS.
1. lmplementation
This Code of Conduct, as adopted by the City Council of the City of Selma applies to Members of the City Council and to all Member of all Boards and Commissions of the City of Selma, whether elected or appointed. This Code of Conduct is intended to supplement, and not replace or supersede, any other Code of Conduct, Code of Ethics, or rules governing meetings of the City Council or any Board or Commission of the City of Selma contained in any prior Resolution or the Selma City Municipal Code.
It is the intent of this Code of Conduct that all Members ("Members" shall mean any Member of the City Council or any Board or Commission of the City of Selma whether elected or appointed) to insure the integrity and effective and fair operation of the governess of the City of Selma.
Therefore each Member, when representing the City of Selma, shall conduct themselves in accordance with the following Code of Conduct:
A. Conduct of Members. Members must always work for the common good of the residents and inhabitants of the City of Selma and treat all persons, claims and matters coming before the Selma City Council or any Commission or Board of the City equally and in an unbiased manner. Members shall comply with all of the laws of the United States, State of California and the City of Selma in the performance of their public duties. These laws include but are not limited to; The U.S. and California Constitutions, Federal, State, and Local Acts, Statutes, Regulations, and Ordinances and the California Fair Political Practices Commission Rules and Regulations relating to financial disclosures, election campaigns, conflicts of interests, and open processes of Government.
Members shall always conduct themselves in a professional manner and must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, verbal or nonverbal personal attacks upon the character or motives of other Members of the City Council, Commissions or Boards, the Public or Staff, in any setting including before, during, or after the conduct of a Public Meeting. This prohibition applies, as stated, to any setting, which includes, 1 February 6, 2023 Council Agenda Packet Page 243 of 252 but is not limited to personal or telephonic communication or contact, email or other electronic communication and the posting of comments or transmission of other communication through social media outlets such as Facebook and Twitter.
Members shall support a positive and constructive environment for all Residents, Businesses, other Members, the Council, Boards and Commissions of the City and City Employees.
B. Role of Members. Members of the City Council, Boards and Commissions are stewards of the Public interest. Members may appear before their own body or before the City Council or any Board or Commission or proceeding of the City on behalf of their own interests, or on the behalf of private interest of third parties on matters related to an area of service on their bodies; but may only do so if the Member has recused himself or herself from the consideration of the matter on which the Member is appearing on his or her own behalf or on behalf of a third party, if the appearance is made before the body to which the Member has been appointed or elected to serve. ln addition, at any time a Member appears before his or her own body or before the City council or other Board or Commission of the city the Member shall state or affirm that he or she has, if necessary, recused him or herself from consideration of an item in which the Member is interested, and that the appearance is being made by the member in his or her capacity as an interested citizen and not in his or her capacity as a Member of any Council, Board or Commission of the city.
ln the City of Selma, the City Council of the City of Selma determines the policies of the City with the advice, information and recommendations provided by the Public, Boards and Commissions and City Staff. The independent advice and recommendations of Boards and Commissions to the City Council is extremely valuable to the City Council's decision making process and in particular for setting City Policy.
Under the City of Selma's City Council-City Manager form of Government, it is not the role of and Members are prohibited from giving orders, directions or instructions to City Employees. All instructions, directions or orders to City Employees shall be through the City Manager. However, Member may make inquiries of City Employees related to the scope of their duties provided that such inquiries will not require significant time or resources of City Employees, without the approval of the City Manager. ln addition, Members may, and should, report to City Staff that is available, or the department head that is in charge of a particular function an emergency or other urgent situation requiring the attention of that staff person or 2 February 6, 2023 Council Agenda Packet Page 244 of 252 department which affects the health, safety or welfare of the public or any citizen or citizens of the City when communication through the City Manager is not practicable. Members may also convey facts they reasonably believe should be made known to a particular member of the City staff or department in circumstances where conveying such facts or information through the City Manager is not reasonably feasible. ln all circumstances, Members shall recognize their role in dealing with City Employees to work for the public interest and shall endeavor to avoid creating the perception of and inappropriate direction to City Staff.
All deliberations of any issue before the City Counsel, Boards or Commissions, shall be in public, unless those issues are authorized to be heard in Closed Session pursuant to the Brown Act.
D. Conflict of lnterest. Maintaining the independence and impartiality of the City Council, Boards and Commissions is imperative to maintain the Public trust.
Members shall not use their official positions to influence City decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest. Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence or judgement or give the appearance of their independence or judgement being compromised. Member shall not use public resources unavailable to the public in general, such as City Staff time, equipment, supplies or facilities, for private gain or personal purposes. Members shall disclose investments, interest in real property, 3 C. Conduct of Public Meetings. Members shall perform their duties in accordance with the procedures and Rules of Order established by the City Council and/or Boards and Commissions governing the deliberation of issues before them. Member shall prepare themselves for Public Meetings, listen courteously and attentively to the Public, Staff, and each other and shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of Public Meetings. Members should disclose all substantive information that is relevant to the matter that is under consideration by their body which they may have received from sources outside of the public decision making process. Members shall respect the confidentiality of information made confidential of privileged by law and shall not disclose such confidential or privileged information without proper legal authorization nor shall any Member use such confidential or privileged information for their personal, financial or private interests. Members shall always act in the best interests of the public.
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sources of income, and gifts, and shall abstain from participating in deliberations and decision-making where a conflict exists, pursuant to applicable law.
E. lmplementationandEnforcement. The City of Selma Code of Conduct for Members of the City Council, Boards, and Commission Members is intended to be self-enforcing. Members are expected to represent the City in a manner consistent with the Code of Conduct. The City Council will review, from time to time, this Code of Conduct and make changes or revisions as deemed necessary to insure the fairness and impartiality of proceedings before the City Council, Boards and Commlssions and insure the public's trust in the governess of the City.
Members in office at the time of the adoption of this Code of Conduct and all newly elected or appointed Members shall sign a statement affirming they have read and understand this City of Selma Code of Conduct for Members of the City Council, Boa rds and Commissions.
The City Council may impose sanctions on Members who are not elected City Council persons whose conduct does not comply with the City's Code of Conduct which include, but are not limited to, reprimand, formal censure, loss of chair or other designation on the City Council, Board or Committee, or removal from Board or Committee assign ment/appointment.
A violation of this Code of Conduct or any enforcement action taken thereunder shall not be considered as a basis for challenging the validity of any action taken or decision made by the City Council, or Board or Commissions of the City of Selma. 4 2. Compliance and Enforcement.
The Mayor and the Chairs of the Boards and Commissions of the City shall have the additional responsibility to insure compliance with this Code of Conduct during the conduct of Public Meetings. Any Member who becomes aware of any breach of this Code of Conduct by any other Member shall report that violation to the Mayor or City Manager for further investigation or action.
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CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 6, 2023
__________________________________________________________________________ ITEM NO: 10
SUBJECT: Council Request to Clarify the Central Valley Lioness Lions Club 11th Annual Senior Thanksgiving Meal
______________________________________________________________________________ DISCUSSION: The City Manager received a request from Mayor Pro Tem Cho to discuss the 11th Annual Senior Thanksgiving Meal that took place on November 23, 2022. Attached is the breakdown of expenses for this event.
The Exhibits attached reflect donations received by the City of Selma for the Central Valley Lioness Lions Club for the Senior Thanksgiving Meal Event, as well as a shopping list of items purchased with the available funding. Mayor Pro Tem Cho made the purchases of the food items and materials needed for the Senior Meals, and was later reimbursed by the City in the amount of $1,570.81 for the expenses from the fund created for the donations.
FISCAL IMPACT: None.
______________________________________________________________________________ RECOMMENDATION: As a Council request, Staff has placed the item on the agenda for discussion and information.
______________________________________________________________________________
__________/s/___________________ February 6, 2023
Fernando Santillan Date
City Manager
Attachments:
1. Copy of Expenses and Shopping List
2. Copies of Checks
February 6, 2023 Council Agenda Packet Page 247 of 252
Central Valley Lioness Lions Club
11th Annual Senior Thanksgiving Meal
Nov. 23rd, 2022
Beginning Balance from 2021: $1568.66
Donations Received:
• Central Valley Lioness Lions Club $250.00
• Selma Lions Club $250.00
• Kiwanis Club of Selma $250.00
• Selma Cares $250.00
• Selma Rotary $250.00
• Selma Women Club $250.00
• Kiwanis Club of Greater Selma $250.00
• Selma Charter Lions $200.00
____________________
Total Donations: $1950.00
Total Amount: $3,518.66
Expenses:
Dinners (16) $ 959.68
Extra Food items & Supplies $ 611.13
_____________________
Totals: $ 1,570.81
Credit towards next year: $1,947.85
Fed: 350 Meals
Hours Worked: 101
(20 Lions, 10 Leos, & 2 guests)
February 6, 2023 Council Agenda Packet Page 248 of 252
Annual Senior Thanksgiving Shopping List
1. 16 Turkey Meals -- Winco (2 turkey per tray)
2. 17 Boxes of Stuffing -- Winco (5 boxes in each tray = 3 trays)
3. 15 cans Cranberry (jellied) – Winco (One big tray)
4. 7x Margarine -- Winco (Mashed potatoes and dressing)
5. 12 packets of gravy mix -- Winco
6. 10 #10 Green beans -- Smart & Final (Makes 4 trays)
7. 2 #10 diced tomatoes -- Smart & Final
8. 10# Mashed potatoes flakes -- Smart & Final (3 trays) plus 1 box
9. 2 ½ gallon of milk
10. 20 Pies -- Costco
11. 7 bags of rolls – Costco
350 Plates, 300 pies plates, 350 silverwares pkg, plastic bags Recipes:
Dressing- 3 trays
1. 5 boxes
2. onion & celery grounded
3. 5 Tubes of margarine – 12 c. broth
4. 4 cup broth for mixing afterward
Mashed potatoes – 3 trays (2 batches per tray)
One batch:
1. 3 qt boiling water 96 ounces
2. 2 tubes margarine
3. 4 tsp salt
4. 1 ½ qt milk 48 ounces
5. 3 qt. flakes 96 ounces
Trays:
1. 8 trays of turkey
2. 5 mashed potatoes
3. 6 green beans
4. 5 stuffing
5. 2 cranberry
6. 1 big pot of gravy
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 11
SUBJECT: Consider Approval of Amendments to City Manager Employment Agreement
DISCUSSION: Consider approval of amendments to the City Manager Employment Agreement as discussed during Closed Session.
_______/s/________________________ _2/2/23_____________ Megan Dodd, City Attorney Date
February 6, 2023
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